Access to Kansas Open Records

Requesting a Record Your Rights Your Responsibilities What Records Are Available? Exceptions to the Kansas Open Records Act Additional Information

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Requesting a Record

• Consult with our Freedom of Information Officer, Russell Ash , (785)296-2408, 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 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.

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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 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, we will identify generally the records to be denied, and the specific legal authority for the denial.
• 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.

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Your Responsibilities

• You must request records—written, photographic, or computerized. The Kansas Open Records Act 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.

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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

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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.

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

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Questions

If you have any questions about your request, please contact KDOT’s Freedom of Information Officer.

Russell Ash
Attorney
Freedom of Information Officer/Official Records Custodian
(785)296-2408

Sarah Palubinski
Legal Assistant
Assistant to the Freedom of Information Officer/Designated Records Custodian
(785)296-2390

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

Additional information can be obtained on the Internet at: