Kansas Open Records Act

The Kansas Sunshine Laws require governments to function in the open, subject to public scrutiny.  Kansas has two Sunshine laws:

• The Kansas Open Records Act, known as KORA
• The Kansas Open Meetings Act, known as KOMA

KORA require most records that are made or kept by public schools or community colleges, as well as other tax-funded entities such as county or municipal governments, to be open to the public.  Like its counterpart, KOMA, KORA is designed to ensure public access to information that forms the basis for public decision making.

Each of the laws make openness the rule, but also recognizes that there are circumstances when individual privacy interests, or competing public interests, override the public right to know.

Private individuals can bring an action in the district court to enforce their rights under KORAR.  Actions can also be brought by the county attorney, the district attorney, or the Kansas Attorney General.  Though community colleges or schools may be fined for intentionally violating KORA, injunctions and other orders to enforce the purposes of KORA are the most common remedies.  

Kansas Open Records Act

KORA begins with the presumption that all public records should be open to the public, but allows certain exemptions from requirement.  The law includes exceptions because the Kansas Legislature has determined that the public right to know is sometimes outweighed by another important interest.  The following list provides examples of types of records which may be exempt under KORA.  Not all exempt records are included in this representative list.

• Records exempted by other laws
• Records privileged under the rules of evidence
• Medical and treatment records
• Personnel records, except for the name of the employee, his or her position, salary, and length of service
• Names of donors, if they have requested that their names not be released
• Some emergency or security procedures
• Sealed bids, until one is accepted or all are rejected
• Correspondence with a private individual
• Records containing information of a personal nature, where disclosure would constitute an unwarranted invasion of privacy

Your right to request records

KORA grants the public the following rights:

• To have our Freedom of Information Officer respond to your questions about KORA
• To inspect any public record we have in our possession that is not exempt.  We are not required to create a record for you if the record doesn’t already exist
• To have copies of public records, though we can charge reasonable fees for making copies
• To be informed of the procedures you must follow in requesting access to or copies of our records during our regular business hours
• To have access to a record not later than three business days after you request it
• To a written explanation of the reason we are denying you the access to a record, if we refuse to allow you access to a record
• To bring an action against us in the district court if you believe we are denying you access to a record you have a right to see
• To have your attorney’s fees paid by us if the court determines we intentionally violated your right under KORA, and had no reasonable basis for denying your request  

Our responsibilities  

Community colleges and public school have a number of responsibilities under KORA.  We must:

• Appoint a Freedom of Information Officer who can answer your questions and settle disputes under KORA
• Make facilities available to you for inspecting our records
• Allow you to make abstracts or have copies of our records made
• Adopt procedures for requesting access or obtaining copies of our records
• Act upon requests for records as soon as possible, or provide you an explanation of the reason for the delay.  If there is a delay, we must tell you the earliest time and place at which the record you’re seeking will be made available
• Have a records custodian available during all regular business hours, and have procedures for allowing access on business days when regular office hours are not maintained
• Edit exempt information and provide you with a remainder of the record, if the record contains both exempt and nonexempt material
• Provide you with a written statement which cites the specific provision of the law under which we are denying access, if we deny you access to a record and you ask for an explanation.  The statement must be provided within three business days after you request it Highland Community College
  
  

Procedures to follow

KORA requires community colleges and schools to adopt procedures to follow for requesting access to or obtaining copies of public records.  A request for access to our records should be directed to the custodian of the record.  The name of the custodian of the record you’re seeking is available upon request.

In most cases, we’ll be able to retrieve the record and give it to you within a few minutes.  If the record isn’t kept at this site, we’ll make every effort to direct you to the correct site, or retrieve the record so you can inspect it here.  

You may have access to our records at any time during the regular business hours.

You cannot remove a public record from our office.  If you desire a copy of the record, please inform the custodian of the record.  The custodian will inform you of any fees we charge for copying, and arrange for the copying of the record.

To help us find the record you seek, we generally ask that you request the record in writing.  We can’t require your request to contain anything more than your name, address, and a description of the record you seek.  We may ask additional questions to help us identify the record for you, and you shouldn’t construe this to mean that we’re obstructing your access to the record.  If the material you desire is exempt, we may also ask the reason you believe you have a right of access to the record.

Additional information about procedures, fees, or office hours is available by visiting with the records custodian, or the Freedom of Information Officer.  

EQUAL OPPORTUNITY Highland Community College does not discriminate against applicants, employees or students on the basis of race, religion, color, national origin, sex, age, height, weight, marital status, sexual orientation, or other non-merit reasons, or handicap, nor will sexual harassment be tolerated, in its employment practices and/or educational programs or activities.  Those concerned about the above should contact Karen Meeks.

ADA/EQUAL ACCESS Highland Community College is complying with the Americans with Disabilities Act, and is committed to equal and reasonable access to facilities and programs for all employees, students and visitors.  Those with ADA concerns, or who need special accommodations, should contact Human Resources. 

The information above is also available as a downloadable PDF brochure.