Know Your Rights

The Kansas Open Records Act requires that government deliberations and decisions be conducted in full view of the public and guarantees access to records maintained by government officials, agencies, and departments. The Act defines a public record as “any recorded information, regardless of form or characteristic, which is made, maintained, or kept by or is in the possession of any public agency.”

YOUR RIGHTS

Under the law, you have the right to:

FREQUENTLY ASKED QUESTIONS

How do I obtain a copy of a public record in Johnson County?

Do I have to make my request in writing?

What do I need to say in my request?

How long does the agency/department have to respond to my request?

How much do copies cost?

Do I have to explain why I want the record?

Are there records that are classified as not open to the public?

Are there reasons that access may be denied?

If I am denied access, is there anything I can do?

Q. How do I obtain a copy of a public record in Johnson County?

A. To review or to receive a copy of a public record, you must first make a request to the appropriate office, agency or department that has the records in which you are interested. A request may be made verbally or in writing, although a written request can significantly help to expedite the process of researching and retrieving the records you request. If you are unsure of which county office, agency or department to approach in requesting a record, you may request assistance form the Freedom of Information Officer, who will inform you of your rights and provide assistance in gaining access to the records you are requesting. The Freedom of Information Officer is Hannes Zacharias, who serves as County Manager. He can be reached at (913) 715-0725.

Q. Do I have to make my request in writing?

A. No, you do not have to submit a written request. However, putting your request in writing can improve both the accuracy and the timeliness of the response you receive. Be sure to be specific about the type of record you are requesting; if you know any details such as date, subject matter, author, or file name, be sure to include that information in your request.

Q. What do I need to say in my request?

A. Clarity is important, so try to provide as much specific detail about the record you are requesting. For example, if the record is a part of a records series, be sure to provide that information, as well as any information about the name, date of creation or filing, subject matter, and topics included so that this information can be used in researching your request and retrieving the record or records that you would like.

Q. How long does the agency/department have to respond to my request?

A. State law provides that a public agency has three business days to respond to a request under the Kansas Open Records Act. However, if an agency or department requires more time to fulfill the request—based on the volume of records to be researched or other factors—a response within that three day period may be provided that gives an estimate of when the record or records will be provided. Delays may be caused because of insufficient or unclear information about the request that is needed to locate and retrieve the requested record(s), because of legal issues that must be addressed before the record is released, because the record is stored remotely off-site, because of the volume of records that must be researched in responding to the request, or because of the time involved in producing the requested copies.

Q. How much do copies cost?

A. Typically, there is no fee charged to examine or inspect public records, assuming the requested records are easily retrieved. A small fee may be collected for the actual costs incurred in researching and retrieving the record or records requested. The cost of providing copies of public records—outside of fees that are specifically prescribed by or allowed under state law—is 50¢ per page. Documents outside the standard 8.5 x 11" format are charged at the same cost for reproducing those documents. For certified copies of official public records, the flat 50¢ fee per page still applies with the addition of a $2 charge for the certification. The certification is important when using the record as evidentiary proof of a specific action. Before submitting your open records request, it can be helpful to check on the approximate costs for producing the copies, since fees and charges can vary between offices, agencies and departments based on the record being copied and the procedure used by the agency.

Q. Do I have to explain why I want the record?

A. No. However, the more detail that you can provide helps to speed the retrieval process. Therefore, you should be as detailed in your request as possible. If you happen to know the date, subject, file name, or other pertinent information about the record, be sure to provide it when submitting your request.

Q. Are there records that are not classified as open to the public?

A. Yes. Under state law, certain categories of records may not be disclosed to the public. There are a number of exceptions under the Kansas Open Records Act, many of which address, but are not limited to, the public's reasonable expectation of the rights of privacy. There are two primary reasons for these exemptions: first, to protect the privacy rights of individuals or groups due to information required to be filed with a government agency; second, to ensure government agencies can function effectively. In both cases, any reason for withholding information must be balanced with protecting the public interest.

Q. Are there reasons that access may be denied?

A. Access to records may be denied, in whole or in part, if the requested record does not exist; if the requested record is exempt from public disclosure under law; or if the request is unclear and more information is necessary in order to respond. These are some of the reasons that may cause your request to be denied; however, you should always verify why a request for access to public records is denied. You may request a written explanation for the denial.

Q. If I am denied access, is there anything I can do?

A. If you are unsatisfied with the response from any county agency or department to an open records request, you should consult with the County’s Freedom of Information Officer (Hannes Zacharias, County Manager). Contact information is provided above. If you are denied access, you also have the right to know the reason for the denial. By law, you must be advised of your rights by the custodian of the records.