P. Kansas Public Records Preservation Act K.S.A. 45-401 et seq.

1. Is it a violation of the KORA to destroy public records?
No. The KORA does not speak to preservation of public records. "Nothing in this act shall be construed to require the retention of a public record nor to authorize the discard of a public record." K.S.A. 45-216(b). However, other laws may require that a public record be kept for a specific time period.

2. Are there any laws that require public records to be kept for specific time periods?
State agencies and counties are subject to the Preservation Act and are prohibited from destroying public records except as permitted by minimum records retention schedules as set forth by the State Records Board. K.S.A. 45-403; 45-404(b). Only state agencies and counties must follow these retention schedules. Unless some specific law applies to a specific record, all other public agencies may dispose of their records as they deem advisable.

3. How do I contact the State Records Board?
The State Records Board, while technically attached to the Kansas Department of Administration, in practice functions through State Historical Society, Div. of Archives. K.S.A. 75-3501 et seq. The state archivists may be contacted at 913-272-8681. County commissions may petition the Records Board for departures from local government general schedule. K.S.A. 45-405(c).

4. Where can I get a copy of the record retention schedules for state agencies or counties?
The State Records Board has published the State Records Retention Manual, which contains the general schedule for state agencies. http://www.kshs.org/government/records/stategovt/index.htm.

The State Records Board has published a Local Government Records Manual which sets forth the schedule of minimum retention periods for counties. Information, including a copy of the schedules, may be accessed at http://www.kshs.org/government/records/localgovt/index.htm

5. Are there any criminal laws connected with destroying public records?
Yes. Altering, destroying, defacing, removing or concealing any public record without legal authority is a class A misdemeanor. K.S.A. 21-3821.

6. Are cities or other smaller units of local government subject to state record retention laws?
No. Cities are not subject to the records retention board's schedule. However, the state archivist can advise on retention issues and there are statutory requirements for retention of certain city records. See e.g. K.S.A. 12-120 at www.kslegislature.org

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