Kansas Open Records Law

The Kansas Open Records Law (K.S.A. 45-215 et. seq.) defines which records are not required to be disclosed at the request of citizens or public officials. Records which are not named within the specific definitions of the statute are "open records" and are to be made available for public examination.

The statute states, "Each request for access to a public record shall be acted upon as soon as possible, but not later than the end of the third business day following the date that the request is received." (K.S.A. 45-218 (d))

The statute also identifies the very limited conditions under which access to open records may be refused and the conditions related to required access and the charging of copy fees for reproductions of records which may be requested.

"'Public record' means any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency including, but not limited to, an agreement in settlement of litigation involving the Kansas public employees retirement system and the investment of moneys of the fund." (K.S.A. 45-217, (f))

Records which libraries are NOT required to disclose (per K.S.A. 45.221) are:

"Library patron and circulation records which pertain to identifiable individuals." (Exception #23)

"Library, archive and museum materials contributed by private persons, to the extent of any limitations imposed as conditions of the contribution." (Exception #7)

"Personnel records, performance ratings or individually identifiable records pertaining to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries and lengths of service of officers and employees of public agencies once they are employed as such." (Exception #4)

Records of emergency or security information or procedures. (Exception #12)

"Correspondence between a public agency and a private individual, other than correspondence which is intended to give notice of an action, policy or determination relating to any regulatory, supervisory or enforcement responsibility of the public agency or which is widely distributed to the public by a public agency and is not specifically in response to communications from such a private individual." (Exception #14)

"Software programs for electronic data processing and documentation thereof, but each public agency shall maintain a register, open to the public, that describes:

(A) The information which the agency maintains on computer facilities; and

(B) the form in which the information can be made available using existing computer programs. (Exception #16)

"Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy." (Exception #30)

Last revised: October 31, 2005

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