E. Procedures for obtaining access or copies of records, K.S.A. 45-220
1. Who should I contact to make an open records request?
The record custodian for the public agency in question.
2. Is there one place or agency that I can contact to get copies of all public records?
No. There is no one central agency or repository that possesses a list or access to all public records. In order to obtain access to or copies of public records, you must contact each/all/every public agency that may have a copy of the records you are seeking. A list of and links to all Kansas state agency web sites is posted on-line at http://www.accesskansas.org/government/agency_listing.html
3. What if I do not know the name or address of the record custodian for a specific public agency?
Each public agency subject to the KORA must provide, upon request, the office hours, name of the record custodian, any fee schedule they have created, and the procedures for obtaining records. In addition, each public agency should have a freedom of information officer assigned to assist the public with KORA requests and disputes. That officer is to provide information on KORA including a brochure stating the public's basic rights under KORA. The freedom of information officer is not required to act as the requester's advocate or legal advisor. See K.S.A. 45-220, 45-226 and 45-227 at www.kslegislature.org .
4. May a public agency have more then one record custodian?
Yes. The KORA permits the official custodian to designate other persons to carry out custodial duties. Some agencies are so large they need more then one person to help with such duties. But the ultimate duty to comply with the KORA rests with the official record custodian, not the designated custodian(s). See K.S.A. K.S.A. 45-217 and 45-220 at www.kslegislature.org .
5. What are the procedures for each public agency?
They may vary. Not all public agencies use the same procedure for all requests, so you need to ask each agency for their procedures.
6. When may I look at public records?
When the public agency is open and has a staff member who is available to help you. A public agency is not required to allow un-attended access to public records; in order to protect public records, a public agency may assign someone to monitor or watch as public records are being handled. Members of the public can inspect during regular office hours, as allowed by the record custodian, and during any established additional hours. If the agency does not have regular office hours it should establish reasonable hours when persons may inspect records. An agency without regular office hours may require 24 hour notice of desire to inspect. Notice shall not be required to be in writing. See K.S.A. 45-218 and K.S.A. 45-220, www.kslegislature.org .
7. May a public agency require proof of my identity in connection with a KORA request?
Yes. The public agency may require proof of identity. See K.S.A. 45-220 at www.kslegislature.org
8. May a public agency require a record request to be in writing?
Yes. The public agency may require written record requests.
9. May a public agency require a specific form to make a record request?
No. A public agency may ask that a request be in writing, but not on a specific form. However, some agencies make a form to help clarify what is being requested. The Attorney General's office does not have such a request form. See K.S.A. 45-220 at www.kslegislature.org
RETURN TO LIST OF KORA QUESTIONS
