It is the public policy of the State of Kansas that "Public Records shall be open for inspection by any person unless otherwise provided, and the Kansas Open Records Act shall be liberally construed and applied to promote such policy." (K.S.A. 45-216(a). Public records include "any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency."
Most records maintained by public entities are open for inspection and copying by individuals. Commonly requested records include: Ordinances, Resolutions, Minutes from open meetings and budgets. There are several exceptions: personnel information of public employees, medical treatment records, records protected by attorney-client privilege or rules of evidence, records containing personal information compiled for Census purposes, notes and preliminary drafts and other specific documents. Some records are mandatorily closed by federal law, state statutes or Supreme Court Rule.
KORA recognizes that some records contain information which is private in nature. For a complete listing of exemptions listed, see K.S.A. 45-221.
A list of names and addresses shall not be obtained from public records for the purpose of selling or offering for sale any property or service to the persons listed.
This provision does not prohibit commercial use generally; it just applies to use of the names to sell or offer to sell property or a service.
This provision does not prohibit use of list of names obtained from public records to solicit the purchase of property from the persons listed.
This provision pertains to the names and addresses of businesses listed in the public records, as well as individuals.
Any person who knowingly sells, gives, or receives records for such purpose is guilty of a class C misdemeanor.
The agency may require a person who requests such records to provide written certification that she or he will not use the record for that prohibited commercial purpose. If the requester makes this certification, the custodian is relieved of liability, if the custodian provides records in good faith reliance on certification.
A third party who obtains this information from a requester violates the law if it is used for commercial purposes.
HOW TO REQUEST A RECORD
Submit a Request for Record Inspection or Request for Record Copy to the City Clerk's office. While the preceding forms were developed for your convenience, it is not necessary that your request be made utilizing them. It is required that your request be in written format. Make sure your request is as specific as possible so that your request may be filled quickly and completely. The City Clerk may ask detailed questions in order to fill your request accurately.
You will receive a response informing you of the receipt of your request within three business days. The City Clerk will work with the Records Custodian(s) in charge of the requested document(s) and will then inform you of the expected time frame and costs involved. If the request is denied, you will receive a written explanation for the denial.
The Kansas Open Records Act (KORA) authorizes public agencies to charge fees for providing access to or for furnishing copies of public records. This fee may be requested in advance. The cost of staff time required to compile requested information, the cost of retrieving records from off site storage, as well as any other costs incurred by the City to fill the request may also be charged. You will be asked to authorize the estimated charges prior to a staff member beginning to fill your request.
Ordinance No. 1890 - An Ordinance Establishing Fees to Be Charged to Persons for Accessing and/or Copying Open Public Records and Repealing Ordinance No. 1557 in Its Entirety.