Open Records Policy

Kansas Open Records Act (KORA)
(K.S.A. 45-215, et. seq.)

Your Rights
Your Responsibilities
What Records Are Available
Exceptions To The Open Records Act
Requesting A Record

YOUR RIGHTS

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 (3) business 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, the agency must identify generally the records to be denied and the specific legal authority for the denial.

To bring a private law suit or to file a complaint with the Kansas Racing and Gaming Commission if you feel you are wrongfully denied records.

YOUR RESPONSIBILITIES

You must request records -- written, photographic, or computerized. The Kansas Open Records Act (KORA) does not require an agency to answer questions or prepare reports.

An agency may require you to put your request in writing, and you must provide proof of your identity, if requested.

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

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

EXCEPTIONS TO THE OPEN RECORDS ACT

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

* Personnel information of public employees
* Medical treatment records
* Records protected by attorney-client privilege
* Records closed by rules of evidence
* Records containing personal information compiled for Census purposes
* Notes and preliminary drafts
* Criminal investigation records
* Records the disclosure of which is restricted or prohibited by a Tribal State Gaming Compact
* Several other specific types of records as outlined

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

An agency is only required to provide public records that already exist. There is no requirement for any agency to create a record upon request.

REQUESTING A RECORD

Consult with the agency's Freedom of Information Officer to determine if the record you need exists or is available.

Be ready to provide a specific description of the record you seek.

You may be asked to submit your request for information in writing. Make your request as specific as possible to expedite the process.

Most records will be produced within three (3) 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 (3) days.

A Request for Records Form should be submitted when requesting records that fall under the KORA. You may obtain a copy of the Request for Records form online in either Adobe Acrobat format [.pdf 12kb] or Microsoft Word format [.doc 44kb] or call the KRGC's Topeka Office at (785) 296-5800 and a copy will be mailed to you.

If you have any questions about your request, contact the Commission's Freedom of Information Officer, Stephen L. Martino, at (785) 296-5800.

This information pertains to laws in effect on July 1, 2000.