C. Public right to inspect or obtain copies of public records
1. What is the general rule about public records being open to the public?
Unless closed pursuant to specific legal authority, all public records are open for inspection and any person may view them to make abstracts or obtain copies of a public record.
2. May I remove a public record so that it can be copied somewhere else?
Not without the record custodian's written permission. If copies cannot be made in the place where the records are kept, the custodian should allow arrangements to be made for use of other copying facilities. Public record custodians are not required to let original records out of their control/sight.
3. Does a public agency have to make copies of radio or recording tapes or discs, video tapes or films, pictures, slides, graphics, illustrations?
No, unless those things were shown or played at an open public meeting, and even then not if copyrighted by someone other than the public agency. See K.S.A. 45-219. However, under K.S.A. 45-220, access to such types of documents must be provided if they qualify as public records, unless there is a exception from disclosure based upon the content or nature of the item.
4. Does a public agency have to allow me to see or get copies of computerized information?
Maybe. Computerized information can meet the definition of a public record and must be provided in the form requested if the public agency has the capability of producing it in that form. However, the public agency is not required to acquire or design a special program to produce information in a desired form, but has discretion to allow an individual who requests such information to design or provide a computer program to obtain the information in the desired form.
5. Does a public agency have to digitalize information for me, if they only possess it in analog (hard copy) form?
No. The KORA requires that public records (if the records are not otherwise closed by some law) be provided in the form that the public agency possesses and has the capacity to reproduce; it does not require the creation of the record (or information) in another format. If the public agency wishes to provide the extra service of converting a record into another format, it may do so.
6. Does the KORA require that a public agency acquire or design a software program in order to produce information in the desired format?
No. The KORA does not require a public agency to acquire or design a software program in order to manipulate or sort electronic data in order to produce a record in a requested format.
7. Can electronic records be closed?
Sometimes. Just as with paper records, some closure laws may apply to the electronic data, allowing or requiring specific records or information to be closed.
8. What if the public agency doesn't have a regular place of business or regular business hours; does the KORA still cover their records?
The KORA does not apply to "any officer or employee" if they are not provided with "an office which is open to the public at least 35 hours per week." However, this exclusion applies only to the part-time officials personally and not to the governmental entity they serve. Offices which do not have regular office hours are required to establish reasonable hours when persons may inspect and copy documents, but such offices may require 24 hours advance notice. See K.S.A. K.S.A. 45-217 and 45-220 at www.kslegislature.org.
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