Access to open records

The Kansas Department of Agriculture has developed a set of procedures to help the public gain fair and expeditious access to open public records about its employees, programs and regulated community. At the same time, these procedures allow the department to manage its activities efficiently. The open records form is at www.ksda.gov/open_records/id/1.

Which records are open to the public?

Most records maintained by state government are open to the public, unless specifically exempted in the Kansas Open Records Act (K.S.A. 45-215 through 45-223).

Examples of open records:

  • Statutes, regulations, policies
  • Minutes and documents cited in open, public meetings
  • Salaries and basic information about public employees
  • Budget information
  • Licensing data about industries regulated by the department
  • Some information about individuals or businesses certified or licensed by KDA

Notable records the agency is not required to disclose:

  • Personnel information about public employees other than name, position, length of service and salary
  • Records protected by attorney-client privilege
  • Notes and preliminary drafts
  • Records that are privileged under the rules of evidence
  • Correspondence between a private individual and a government agency
  • Records relating to matters in which administrative or civil litigation is pending if the records were compiled in the process of detecting or investigating the violations involved

A detailed list of exemptions to the open records act can be found at K.S.A. 45-221(a). The open records act only requires a public agency to provide records which already exist, not to create new records or special reports in response to requests.

How to request a record

If you know which record you are seeking, contact a records custodian and complete and return an open records request form to the appropriate program. Each program manager has appointed an individual to work with records requests for program records.

If you have questions, or a difference of opinion with a program records custodian, notify Carole Jordan, the agency's chief custodian of records, at (785) 296-3556.

Requests must be received in writing, either by clear and understandable letter or on the official agency form. It is vital to identify specifically the information you are seeking. The agency form is available on the Internet, but a signed copy must be received (by fax, mail or delivered in person) before processing can begin.

When a signed request is received, the records custodian must reply to the requestor within three business days. This reply, which may be on the official form, must include whether the request can be filled; an estimate of when it can be filled; or a reason, citing specific legal authority, why the request cannot be honored. Many records can be supplied immediately, or within three days, depending on program work schedules.

The reply to your request may inform you that the records cannot be produced immediately but that they will be made available at a projected later date. Additional time may be necessary to search voluminous records, maintain normal and necessary department activities, prepare complicated requests, deal with unresolved legal issues, or locate and access archived records, all while maintaining normal work duties.

Fees for locating and copying records

The law allows state agencies to charge a fee for preparing and copying records. This department prefers to charge no fee for routine requests involving one hour or less of staff time and copies of 14 or fewer pages.

Routine requests involving one hour or less of staff time but 15 or more copies will cost 35 cents per copy.

Complicated requests involving more than one hour of staff time to locate and/or compile the records will include a per hour staff fee based on the salary of the employee who compiled the request, as well as a copy, microfilm, blueprint or computer fee.

A fee schedule is a part of the KDA request for open records form.

Record handling

According to department policy, members of the public may view actual records in the office but may not remove them to another location. In special circumstances, copies may be made at an outside copy business at the expense of the requestor, but documents must be accompanied by a department employee while they are being copied.