1. Who can enforce the KORA?
The KORA can be enforced by the Attorney General, a county/district attorney, or by private citizens. Any person, the Attorney General, or a County/District attorney, may file a KORA law suit in district court.
2. May I make a KORA complaint to the Attorney General's office?
Yes. The Attorney General's office requests that all KORA complaints be timely made and in writing. This is done in order to verify facts, keep a record of the statements made, and in general assist with any investigation that becomes necessary.
3. What information should I include if I want to make a KORA complaint to the Attorney General's office?
We only ask that the complaint be in writing. There is no specific form required. In order to allow us to proceed, the written complaint should include basic information such as (a) who is making the complaint (your name, address and phone number); (b) what public agency the KORA complaint is against; (c) what specific public records you requested; (d) when and how the public records were requested; and (e) what (if any) response(s) the public agency gave to you in connection with the record request. If there are any documents (letter, e-mails, etc.) connected with the request/response, we will need to see copies of those documents; keep the originals, but send us copies.
4. If my complaint is against a local unit of government, should I make it to the county/district attorney?
That is your decision. However, if you decide to make a KORA complaint against a local unit of government to the Attorney General, it is the policy of the Attorney General to refer KORA complaints against local units of government to the county/district attorney. A local unit of government includes a county, city, township, rural water district, improvement district, library board, etc.
5. What if I think the county/district attorney has a conflict or can't do a good job on my KORA complaint?
The Attorney General forwards all KORA complaints made against local units of government to the county/district attorney, who is the primary enforcer of law in each county. The county/district attorneys have primary jurisdiction within their county, however, if they believe they have a legal conflict, or cannot handle the KORA complaint for some other reason, they can contact the Attorney General's office to ask that a matter be handled by the Attorney General. However, the Attorney General cannot make that decision for the local prosecutor; the Attorney General does not oversee local prosecutor's and, therefore, cannot dictate local prosecutorial decisions or techniques. Individuals who want to control the investigation or dictate whether suit should be filed on a KORA matter may want to pursue the matter privately, with or without the assistance of a private attorney.
6. If I make a complaint to the Attorney General and/or to a county/district attorney, are they acting on my behalf or as my attorney?
No. These officers are authorized to represent the interests of the general public. They are not at liberty to act as private attorneys for private citizens. You will not be "in charge" of how the case is handled. If you want that kind of attorney-client relationship with a lawyer, you will need to contact a private attorney.
7. Can I pursue a KORA violation on my own?
Yes. The KORA can be enforced privately. If you are representing yourself, you can act as your own attorney. If you want or need legal advice or help on handling a case, you will need to contact a private attorney to obtain those legal services.
8. In what courts are KORA enforcement cases filed?
Suit must be brought in the district court in the county where the records are located. If the records are located out of state, there is no cause of action under KORA. Altevogt v. Youth Friends, 29 Kan.App.2d 473 (2001). See also Wichita Eagle v. Simms, 50 P.3d 66, 274 Kan. 194 (2002).
9. What remedies or penalties can a district court order for violation of the KORA?
If a KORA violation is found by a judge, he/she may order the agency to turn over the records and award attorney fees and costs to the prevailing party under certain circumstances. A court can order fines of up to $500 for "each violation" against a public agency if the agency "knowingly violates any of the provisions of this act or that [it] intentionally fails to furnish information as required by this act. . . ." and the case is brought by the Attorney General, District or County Attorney. See K.S.A. 45-222 and 45-223 at www.kslegislature.org .
10. Does anyone go to jail for violating the KORA?
No. The KORA is a civil law; it is not criminal. There are no criminal penalties attached to violating the KORA.
RETURN TO LIST OF KORA QUESTIONS