1. May a public agency close personnel records?
Yes. Except for the names, salaries, position, length of service and any employment contract with the employee. K.S.A. 45-221(a)(4) permits closure of personnel records. That can include, performance ratings, hours worked, and individually identifiable records pertaining to employees or applicants for employment in public agencies. K.S.A. 45-221(a)(4). A.G. Opin. No. 91-127.
2. May a public agency close records connected with an applicant for employment with that agency?
Yes. The provisions of K.S.A. 45-221(a)(4) apply to applicants' records as well as the personnel records about current employees.
3. Why does the law allow personnel records to be closed?
So that the agency can attract and keep good employees, without breaching too much of their personal privacy. The personnel exception is designed to protect information that is normally kept in personnel records files, such as documentation of discipline, references and resumes, ADA and FMLA issues, as well as specific personal information such as home address and social security number.
4. Does the KORA allow closure of all information about public employees?
No. Although K.S.A. 45-221(a)(4) allows most personnel records to be closed, the statute requires certain information be made available: the "names, positions, salaries and lengths of service" of public officers and employees is open. In addition, actual compensation employment contracts or employment-related contracts or agreements must be made available upon request.
5. Does the KORA give public employees or public officials greater rights or more access to personnel records that are not open to the general public?
No. The KORA does not give public officials or employees any greater rights to access personnel records then it does members of the general public. If an employee, official, or supervisor does have some greater claim of access to such personnel records, it is not a right created by the KORA.
6. May the home addresses of public employees or officials be closed?
Yes, in most circumstances this information may be kept confidential. Home addresses of public employees may be closed. A.G. Opin. No. 97-52. See also United States Department of Defense v. Federal Labor Relations Authority, 510 U.S. 487 (1994) (disclosure of home addresses can be a clearly unwarranted invasion of personal privacy.)
7. Are independent contractors considered "personnel" whose records may be closed under K.S.A. 45-221(a)(4)?
No. The exemptions in K.S.A. 45-221(a)(4) do not apply to non-employees. Contractors are not employees. Independent contractors are not "personnel" or employees. Public records concerning independent contractors may not be closed under the personnel exception. See Southwest Anesthesia Serv. v. Southwest Med. Ctr, 23 Kan.App.2d 950 (1997).
8. May letters of recommendation or character references for employees or applicants for employment be closed?
In most cases, yes. Letters of reference or recommendation pertaining to the character or qualification of an identifiable individual, K.S.A. 45-221(a)(6), unless the recommendation is for someone to fill an elected or appointed office.
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