Kansas Adjutant General's Department
Kansas Open Records Act

Open Records Requests

The public has the right to request and obtain certain records kept by government agencies. The following are guidelines for persons requesting open records. These guidelines are also posted to the Adjutant General’s Department Internet at www.kansastag.gov . It is important for Adjutant General’s Department staff to know the rights of the public regarding open records and understand the agency’s role in providing records. TheAdjutant General’s Department Freedom of Information Officeris responsible for coordinating all Open Records Requests for the agency, except requests from the media. Open records requests from the media should be directed to the Acting Public Affairs Director at Jane.e.welch1.nfg@mail.mil or 785-646-0092.

Guidelines for Persons Requesting Records

When requesting a record:

  • Consult with the Freedom of Information Officerto 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 business days.

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.

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.

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 Kansas Open Records Act 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 the rules of evidence
  • Records containing personal information complied for census purposes
  • Notes and preliminary drafts
  • Criminal investigation records
  • Several other specific types of records as outlined

Additional Information

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 upon request. This information pertains to laws in effect on July 1, 2004.

 

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Questions/suggestions to: Public Affairs Director