Access To Kansas Open Records



Access To Kansas Open Records

Under the Kansas Open Records Act, K.S.A. 45-221 et seq., public records of a state agency are open for inspection by the public, unless specifically exempted by statute from disclosure.


What Records are Available?

Most records maintained by public entities are open for public inspection and copying. Records commonly requested include, but are not limited to:

Statutes
Regulations
Policies
Minutes/Records of open meetings
Salaries of public officials
Agency budget documents

Actual records maintained by the agency, whether in in written, photographic, or computerized form, may be requested. The Kansas Open Records Act does not require an agency to answer questions or prepare reports.


Requesting a Record

Requests for records should be made in writing. You may submit a request via email at: openrecords@ksdot.org,
or at the following address or fax number:

Kansas Department of Transportation
Official Records Custodian - Office of Chief Counsel
Eisenhower State Office Building
700 S.W. Harrison
Topeka, Kansas 66603-3754
Fax (785) 296-0119

To expedite the process, you should provide a specific description of the record you are seeking. You may be asked to clarify what records you need so that we may be certain your request is fulfilled.

We will acknowledge the receipt of your request, and most records will be produced within three business days from the time the request is received.

If the request is delayed or denied, you will receive a written explanation for the delay or denial within those three days.

- ­The response may inform you that it will take additional time to produce the records. Reasons for additional time may include voluminous records, complicated request parameters, unresolved legal issues, or difficulty in accessing archived records.

- The response may deny your request, in whole or in part. If the request is denied, we will identify generally the records to be denied, and the specific legal authority for the denial.

You must provide proof of your identity, if requested.


Fees and Charges

Reasonable fees, not exceeding actual cost, may be charged for access to records, copies of records, and staff time for processing your request.

To view KDOT’s rates for supplying documents under the Kansas Open Records Act click here.


Your Rights and Responsibilities

- To inspect and obtain copies of public records which are not exempted from disclosure by a specific law.

- To obtain a copy of the agency’s policies and procedures for access to records and to request assistance from the agency’s Freedom of Information Officer.

- To receive a written response to your request within three business days.

- To bring a private lawsuit or to file a complaint with the Kansas Attorney General’s Office if you feel you are wrongfully denied records.


Exceptions to the Open Records Act

The KORA recognizes that certain records contain private or privileged information. The Act lists several exceptions, including:

Personnel records of public employees.
Records protected by the attorney-client privilege.
Records closed by the rules of evidence.
Notes and preliminary drafts.
Engineering and architectural estimates.
Records that include information which would reveal the precise location of an archeological site.


A list of additional exemptions can be found in K.S.A. 45-221.


Questions

If you have questions about the types of agency records that may be available or have other questions, please contact:

Kenneth Titus
Staff Attorney
Freedom of Information Officer/Official Records Custodian
(785) 296-3831


Daniel Kahler
Assistant to the Freedom of Information Officer/Designated Records Custodian
(785) 296-3831


A hard copy of this information is available upon request to the Kansas Department of Transportation or may be downloaded here.

Additional information can be obtained on the Kansas Attorney General’s website.http://www.ag.ks.gov/legal-services/open-govt