What is the Kansas Open Records Act?

The Kansas Open Records Act (KORA) is a Kansas Law that permits the public to inspect or get copies of public records. The law is codified at K.S.A. 45-215 et seq.
There are two parts of the law. One part governs the procedure that public agencies must follow when someone requests a public record. The other part categorizes public records, and under certain circumstances, permits an agency to withhold disclosing public records.

What records are available?

KORA requires Shawnee County to provide records that already exist. KORA does not require the County to create new records, compile special research or statistical reports, answer questions or interpret records.

How do I request records?

The best place to begin is with the Shawnee County Clerk's Office. Request forms are available in the Clerk's office or you may obtain one online at:
https://cdn.snco.gov/clerk/document/open_records_request.pdf

How long will it take to get records?

Shawnee County must act upon your request as soon as possible, but not more than three business days later, beginning the day after the request was received to either:

• provide copies of the requested records or explain how/when you may inspect them in person
• acknowledge receipt of the request and, to the extent available, provide an estimated time and cost for the records. Note: providing a time and cost estimate for large or complex requests may require more than the initial three days. In such cases, estimates will be provided to the requestor as soon as they can be determined, or
• state why the records cannot be provided. For example, records responsive to the request may simply not exist or there may be an exception to disclosure that closes access to the record either temporarily or permanently (see below).

Can my request be denied?

Yes. There are many laws (state and federal) that allow or require closure of specific types of records or information. K.S.A. 45-221 contains a list of certain types of records that may be exempt from disclosure under Kansas law. For example, if a record contains highly personal information of private citizens, or contains information that would harm the general public if it is released it may be exempt from disclosure. If the County denies your record request pursuant to one of these exceptions, it must cite the legal basis for denial. Any denial will be made upon advice of our legal counsel.

Will I be charged for records?

Yes. KORA allows fees to be charged in connection with providing access to or copies of public records. Before records are released, you will be asked to prepay the charges associated with your request. Staff time necessary to comply with request (charged in 15 min increments) will be billed based upon the hourly wage (including benefits) of the lowest paid employee who is authorized and trained to obtain the records for you. Fees may include the cost of staff time spent in redacting open from closed information. Photocopies of letter sized (8.5"x11") documents are $.25 per page. Charges for larger document sizes (ex. Maps and surveys) will depend on the size and complexity of the document. Shawnee County will provide you with an estimated cost for gathering the records and making any copies as soon as one can be calculated. Payments may be made to the Shawnee County Clerk's Office by cash, check or money order payable to Shawnee County.

May I use a public record that contains names or addresses to contact the people or businesses on the list to offer goods or services for sale?

No. KORA prohibits using lists of names and addresses as a marketing tool except in very limited cases. If you use the names and addresses of individuals or businesses for any prohibited purpose, you could be subject to a civil penalty of up to $500 for each violation per K.S.A. 45-230. By signing Shawnee County's open records request form, the requestor makes the following certification pursuant to K.S.A. 45-220(c)(2): "the requester does not intend to, and will not: (A) Use any list of names or addresses contained in or derived from the records or information for the purpose of selling or offering for sale any property or service to any person listed or to any person who resides at any address listed; or (B) sell, give or otherwise make available to any person any list of names or addresses contained in or derived from the records or information for the purpose of allowing that person to sell or offer for sale any property or service to any person listed or to any person who resides at any address listed."

What if a public record contains information that is "mixed"; some of it is allowed to be closed, but other portions are not allowed to be closed?

If a public record contains material not subject to disclosure, that portion of the record may be deleted but the rest of the information or record must be made available. K.S.A. 45-220(d). This separation of open from closed information (redaction) may be done in several ways; cutting out, blacking or whiting out, or someone removing the confidential information, or creation of a whole new record. What is appropriate will depend upon the facts. Keep in mind, however, that the County can legally charge fees for the staff time it takes to do such redaction work.

Can I obtain records of Non-County Agencies (ex. court records)?

The Third Judicial District (Shawnee County Court) and the Shawnee County District Attorney's Office are State of Kansas offices and are not a part of the county government, though they are located in the courthouse. To request court or district attorney records, please contact those offices directly.

Where can I get more information about KORA?

The Kansas Attorney General maintains a detailed list of questions and answers about KORA at:
https://ag.ks.gov/open-government/kora-faq.

A copy of the information above is available in a brochure. Click here to download.