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45-221. Certain records not required to be open; separation of open and closed information required; disclosure of statistical information; records over 70 years old open. (a) Except to the extent disclosure is otherwise required by law, a public agency shall not be required to disclose:

(1) Records the disclosure of which is specifically prohibited or restricted by federal law, state statute or rule of the Kansas supreme court or rule of the senate committee on confirmation oversight relating to information submitted to the committee pursuant to K.S.A. 75-4315d, and amendments thereto, or the disclosure of which is prohibited or restricted pursuant to specific authorization of federal law, state statute or rule of the Kansas supreme court or rule of the senate committee on confirmation oversight relating to information submitted to the committee pursuant to K.S.A. 75-4315d, and amendments thereto, to restrict or prohibit disclosure.

(2) Records that are privileged under the rules of evidence, unless the holder of the privilege consents to the disclosure.

(3) Medical, psychiatric, psychological or alcoholism or drug dependency treatment records that pertain to identifiable patients.

(4) Personnel records, performance ratings or individually identifiable records pertaining to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries or actual compensation employment contracts or employment-related contracts or agreements and lengths of service of officers and employees of public agencies once they are employed as such.

(5) Information that would reveal the identity of any undercover agent or any informant reporting a specific violation of law.

(6) Letters of reference or recommendation pertaining to the character or qualifications of an identifiable individual, except documents relating to the appointment of persons to fill a vacancy in an elected office.

(7) Library, archive and museum materials contributed by private persons, to the extent of any limitations imposed as conditions of the contribution.

(8) Information that would reveal the identity of an individual who lawfully makes a donation to a public agency, if anonymity of the donor is a condition of the donation, except if the donation is intended for or restricted to providing remuneration or personal tangible benefit to a named public officer or employee.

(9) Testing and examination materials, before the test or examination is given or if it is to be given again, or records of individual test or examination scores, other than records that show only passage or failure and not specific scores.

(10) Criminal investigation records, except as provided herein. The district court, in an action brought pursuant to K.S.A. 45-222, and amendments thereto, may order disclosure of such records, subject to such conditions as the court may impose, if the court finds that disclosure:

(A) Is in the public interest;

(B) would not interfere with any prospective law enforcement action, criminal investigation or prosecution;

(C) would not reveal the identity of any confidential source or undercover agent;

(D) would not reveal confidential investigative techniques or procedures not known to the general public;

(E) would not endanger the life or physical safety of any person; and

(F) would not reveal the name, address, phone number or any other information that specifically and individually identifies the victim of any sexual offense described in article 35 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto.

If a public record is discretionarily closed by a public agency pursuant to this subsection, the record custodian, upon request, shall provide a written citation to the specific provisions of subparagraphs (A) through (F) that necessitate closure of that public record.

(11) Records of agencies involved in administrative adjudication or civil litigation, compiled in the process of detecting or investigating violations of civil law or administrative rules and regulations, if disclosure would interfere with a prospective administrative adjudication or civil litigation or reveal the identity of a confidential source or undercover agent.

(12) Records of emergency or security information or procedures of a public agency, if disclosure would jeopardize public safety, including records of cybersecurity plans, cybersecurity assessments and cybersecurity vulnerabilities or procedures related to cybersecurity plans, cybersecurity assessments and cybersecurity vulnerabilities, or plans, drawings, specifications or related information for any building or facility that is used for purposes requiring security measures in or around the building or facility or that is used for the generation or transmission of power, water, fuels or communications, if disclosure would jeopardize security of the public agency, building or facility.

(13) The contents of appraisals or engineering or feasibility estimates or evaluations made by or for a public agency relative to the acquisition of property, prior to the award of formal contracts therefor.

(14) Correspondence between a public agency and a private individual, other than correspondence that is intended to give notice of an action, policy or determination relating to any regulatory, supervisory or enforcement responsibility of the public agency or that is widely distributed to the public by a public agency and is not specifically in response to communications from such a private individual.

(15) Records pertaining to employer-employee negotiations, if disclosure would reveal information discussed in a lawful executive session under K.S.A. 75-4319, and amendments thereto.

(16) Software programs for electronic data processing and documentation thereof, but each public agency shall maintain a register, open to the public, that describes:

(A) The information that the agency maintains on computer facilities; and

(B) the form in which the information can be made available using existing computer programs.

(17) Applications, financial statements and other information submitted in connection with applications for student financial assistance where financial need is a consideration for the award.

(18) Plans, designs, drawings or specifications that are prepared by a person other than an employee of a public agency or records that are the property of a private person.

(19) Well samples, logs or surveys that the state corporation commission requires to be filed by persons who have drilled or caused to be drilled, or are drilling or causing to be drilled, holes for the purpose of discovery or production of oil or gas, to the extent that disclosure is limited by rules and regulations of the state corporation commission.

(20) Notes, preliminary drafts, research data in the process of analysis, unfunded grant proposals, memoranda, recommendations or other records in which opinions are expressed or policies or actions are proposed, except that this exemption shall not apply when such records are publicly cited or identified in an open meeting or in an agenda of an open meeting.

(21) Records of a public agency having legislative powers that pertain to proposed legislation or amendments to proposed legislation, except that this exemption shall not apply when such records are:

(A) Publicly cited or identified in an open meeting or in an agenda of an open meeting; or

(B) distributed to a majority of a quorum of any body that has authority to take action or make recommendations to the public agency with regard to the matters to which such records pertain.

(22) Records of a public agency having legislative powers that pertain to research prepared for one or more members of such agency, except that this exemption shall not apply when such records are:

(A) Publicly cited or identified in an open meeting or in an agenda of an open meeting; or

(B) distributed to a majority of a quorum of any body that has authority to take action or make recommendations to the public agency with regard to the matters to which such records pertain.

(23) Library patron and circulation records that pertain to identifiable individuals.

(24) Records that are compiled for census or research purposes and which pertain to identifiable individuals.

(25) Records that represent and constitute the work product of an attorney.

(26) Records of a utility or other public service pertaining to individually identifiable residential customers of the utility or service.

(27) Specifications for competitive bidding, until the specifications are officially approved by the public agency.

(28) Sealed bids and related documents, until a bid is accepted or all bids rejected.

(29) Correctional records pertaining to an identifiable inmate or release, except that:

(A) The name; photograph and other identifying information; sentence data; parole eligibility date; custody or supervision level; disciplinary record; supervision violations; conditions of supervision, excluding requirements pertaining to mental health or substance abuse counseling; location of facility where incarcerated or location of parole office maintaining supervision and address of a releasee whose crime was committed after the effective date of this act shall be subject to disclosure to any person other than another inmate or releasee, except that the disclosure of the location of an inmate transferred to another state pursuant to the interstate corrections compact shall be at the discretion of the secretary of corrections;

(B) the attorney general, law enforcement agencies, counsel for the inmate to whom the record pertains and any county or district attorney shall have access to correctional records to the extent otherwise permitted by law;

(C) the information provided to the law enforcement agency pursuant to the sex offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, shall be subject to disclosure to any person, except that the name, address, telephone number or any other information that specifically and individually identifies the victim of any offender required to register as provided by the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, shall not be disclosed; and

(D) records of the department of corrections regarding the financial assets of an offender in the custody of the secretary of corrections shall be subject to disclosure to the victim, or such victim's family, of the crime for which the inmate is in custody as set forth in an order of restitution by the sentencing court.

(30) Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.

(31) Public records pertaining to prospective location of a business or industry where no previous public disclosure has been made of the business' or industry's interest in locating in, relocating within or expanding within the state. This exception shall not include those records pertaining to application of agencies for permits or licenses necessary to do business or to expand business operations within this state, except as otherwise provided by law.

(32) Engineering and architectural estimates made by or for any public agency relative to public improvements.

(33) Financial information submitted by contractors in qualification statements to any public agency.

(34) Records involved in the obtaining and processing of intellectual property rights that are expected to be, wholly or partially vested in or owned by a state educational institution, as defined in K.S.A. 76-711, and amendments thereto, or an assignee of the institution organized and existing for the benefit of the institution.

(35) Any report or record that is made pursuant to K.S.A. 65-4922, 65-4923 or 65-4924, and amendments thereto, and that is privileged pursuant to K.S.A. 65-4915 or 65-4925, and amendments thereto.

(36) Information that would reveal the precise location of an archeological site.

(37) Any financial data or traffic information from a railroad company, to a public agency, concerning the sale, lease or rehabilitation of the railroad's property in Kansas.

(38) Risk-based capital reports, risk-based capital plans and corrective orders including the working papers and the results of any analysis filed with the commissioner of insurance in accordance with K.S.A. 40-2c20 and 40-2d20, and amendments thereto.

(39) Memoranda and related materials required to be used to support the annual actuarial opinions submitted pursuant to K.S.A. 40-409(b), and amendments thereto.

(40) Disclosure reports filed with the commissioner of insurance under K.S.A. 40-2,156(a), and amendments thereto.

(41) All financial analysis ratios and examination synopses concerning insurance companies that are submitted to the commissioner by the national association of insurance commissioners' insurance regulatory information system.

(42) Any records the disclosure of which is restricted or prohibited by a tribal-state gaming compact.

(43) Market research, market plans, business plans and the terms and conditions of managed care or other third-party contracts, developed or entered into by the university of Kansas medical center in the operation and management of the university hospital that the chancellor of the university of Kansas or the chancellor's designee determines would give an unfair advantage to competitors of the university of Kansas medical center.

(44) The amount of franchise tax paid to the secretary of revenue or the secretary of state by domestic corporations, foreign corporations, domestic limited liability companies, foreign limited liability companies, domestic limited partnership, foreign limited partnership, domestic limited liability partnerships and foreign limited liability partnerships.

(45) Records, other than criminal investigation records, the disclosure of which would pose a substantial likelihood of revealing security measures that protect:

(A) Systems, facilities or equipment used in the production, transmission or distribution of energy, water or communications services;

(B) transportation and sewer or wastewater treatment systems, facilities or equipment; or

(C) private property or persons, if the records are submitted to the agency. For purposes of this paragraph, security means measures that protect against criminal acts intended to intimidate or coerce the civilian population, influence government policy by intimidation or coercion or to affect the operation of government by disruption of public services, mass destruction, assassination or kidnapping. Security measures include, but are not limited to, intelligence information, tactical plans, resource deployment and vulnerability assessments.

(46) Any information or material received by the register of deeds of a county from military discharge papers, DD Form 214. Such papers shall be disclosed: To the military dischargee; to such dischargee's immediate family members and lineal descendants; to such dischargee's heirs, agents or assigns; to the licensed funeral director who has custody of the body of the deceased dischargee; when required by a department or agency of the federal or state government or a political subdivision thereof; when the form is required to perfect the claim of military service or honorable discharge or a claim of a dependent of the dischargee; and upon the written approval of the commissioner of veterans affairs, to a person conducting research.

(47) Information that would reveal the location of a shelter or a safehouse or similar place where persons are provided protection from abuse or the name, address, location or other contact information of alleged victims of stalking, domestic violence or sexual assault.

(48) Policy information provided by an insurance carrier in accordance with K.S.A. 44-532(h)(1), and amendments thereto. This exemption shall not be construed to preclude access to an individual employer's record for the purpose of verification of insurance coverage or to the department of labor for their business purposes.

(49) An individual's e-mail address, cell phone number and other contact information that has been given to the public agency for the purpose of public agency notifications or communications that are widely distributed to the public.

(50) Information provided by providers to the local collection point administrator or to the 911 coordinating council pursuant to the Kansas 911 act upon request of the party submitting such records.

(51) Records of a public agency on a public website that are searchable by a keyword search and identify the home address or home ownership of: A law enforcement officer as defined in K.S.A. 21-5111, and amendments thereto; a parole officer; a probation officer; a court services officer; a community correctional services officer; a local correctional officer or local detention officer; a federal judge; a justice of the supreme court; a judge of the court of appeals; a district judge; a district magistrate judge; a municipal judge; a presiding officer who conducts hearings pursuant to the Kansas administrative procedure act; an administrative law judge employed by the office of administrative hearings; a member of the state board of tax appeals; an administrative law judge who conducts hearings pursuant to the workers compensation act; a member of the workers' compensation appeals board; the United States attorney for the district of Kansas; an assistant United States attorney; a special assistant United States attorney; the attorney general; an assistant attorney general; a special assistant attorney general; a county attorney; an assistant county attorney; a special assistant county attorney; a district attorney; an assistant district attorney; a special assistant district attorney; a city attorney; an assistant city attorney; or a special assistant city attorney. Such person shall file with the custodian of such record a request to have such person's identifying information restricted from public access on such public website. Within 10 business days of receipt of such requests, the public agency shall restrict such person's identifying information from such public access. Such restriction shall expire after five years and such person may file with the custodian of such record a new request for restriction at any time.

(52) Records of a public agency that would disclose the name, home address, zip code, e-mail address, phone number or cell phone number or other contact information for any person licensed to carry concealed handguns or of any person who enrolled in or completed any weapons training in order to be licensed or has made application for such license under the personal and family protection act, K.S.A. 75-7c01 et seq., and amendments thereto, shall not be disclosed unless otherwise required by law.

(53) Records of a utility concerning information about cyber security threats, attacks or general attempts to attack utility operations provided to law enforcement agencies, the state corporation commission, the federal energy regulatory commission, the department of energy, the southwest power pool, the North American electric reliability corporation, the federal communications commission or any other federal, state or regional organization that has a responsibility for the safeguarding of telecommunications, electric, potable water, waste water disposal or treatment, motor fuel or natural gas energy supply systems.

(54) Records of a public agency containing information or reports obtained and prepared by the office of the state bank commissioner in the course of licensing or examining a person engaged in money transmission business pursuant to K.S.A. 9-508 et seq., and amendments thereto, shall not be disclosed except pursuant to K.S.A. 9-513c, and amendments thereto, or unless otherwise required by law.

(55) Records of a public agency that contain captured license plate data or that pertain to the location of an automated license plate recognition system.

(b) Except to the extent disclosure is otherwise required by law or as appropriate during the course of an administrative proceeding or on appeal from agency action, a public agency or officer shall not disclose financial information of a taxpayer that may be required or requested by a county appraiser or the director of property valuation to assist in the determination of the value of the taxpayer's property for ad valorem taxation purposes; or any financial information of a personal nature required or requested by a public agency or officer, including a name, job description or title revealing the salary or other compensation of officers, employees or applicants for employment with a firm, corporation or agency, except a public agency. Nothing contained herein shall be construed to prohibit the publication of statistics, so classified as to prevent identification of particular reports or returns and the items thereof.

(c) As used in this section, the term ''cited or identified'' does not include a request to an employee of a public agency that a document be prepared.

(d) If a public record contains material that is not subject to disclosure pursuant to this act, the public agency shall separate or delete such material and make available to the requester that material in the public record that is subject to disclosure pursuant to this act. If a public record is not subject to disclosure because it pertains to an identifiable individual, the public agency shall delete the identifying portions of the record and make available to the requester any remaining portions that are subject to disclosure pursuant to this act, unless the request is for a record pertaining to a specific individual or to such a limited group of individuals that the individuals' identities are reasonably ascertainable, the public agency shall not be required to disclose those portions of the record that pertain to such individual or individuals.

(e) The provisions of this section shall not be construed to exempt from public disclosure statistical information not descriptive of any identifiable person.

(f) Notwithstanding the provisions of subsection (a), any public record that has been in existence more than 70 years shall be open for inspection by any person unless disclosure of the record is specifically prohibited or restricted by federal law, state statute or rule of the Kansas supreme court or by a policy adopted pursuant to K.S.A. 72-6214, and amendments thereto.

(g) Any confidential records or information relating to security measures provided or received under the provisions of subsection (a)(45) shall not be subject to subpoena, discovery or other demand in any administrative, criminal or civil action.

History: L. 1984, ch. 187, § 7; L. 1984, ch. 282, § 4; L. 1986, ch. 193, § 1; L. 1987, ch. 176, § 4; L. 1989, ch. 154, § 1; L. 1991, ch. 149, § 12; L. 1994, ch. 107, § 8; L. 1995, ch. 44, § 1; L. 1995, ch. 257, § 6; L. 1996, ch. 256, § 15; L. 1997, ch. 126, § 44; L. 1997, ch. 181, § 15; L. 2000, ch. 156, § 3; L. 2001, ch. 211, § 13; L. 2002, ch. 178, § 1; L. 2003, ch. 109, § 22; L. 2004, ch. 171, § 30; L. 2005, ch. 126, § 1; L. 2008, ch. 121, § 4; L. 2009, ch. 83, § 27; L. 2009, ch. 125, § 1; L. 2010, ch. 112, § 2; L. 2011, ch. 30, § 192; L. 2011, ch. 84, § 23; L. 2012, ch. 147, § 1; L. 2013, ch. 72, § 2; L. 2013, ch. 133, § 18; L. 2014, ch. 120, § 6; L. 2015, ch. 68, § 10; L. 2021, ch. 82, § 11; L. 2022, ch. 48, § 3; July 1.

Revisor's Note:

Section was amended four times in 1994 session, see also 45-221a, 45-221b, 45-221c.

Section was amended twice in the 1996 session, see also 45-221d.

Section was amended three times in the 2000 session, see also 45-221e, 45-221f.

Section was amended three times in the 2004 session, see also 45-221g, 45-221h.

Section was amended twice in the 2009 session without reconciliation, see also 45-221i. Section was also amended by L. 2009, ch. 109, § 2, but that version was repealed by L. 2009, ch. 143, § 37 and L. 2009. ch. 125, § 2.

Section was amended three times in the 2012 session, see also 45-221j, 45-221k.

Section was also amended by L. 2013, ch. 8, § 1 and L. 2013, ch. 105, § 6, but those versions were repealed by L. 2013, ch. 133, § 37.

Cross References to Related Sections:

Confidentiality of legislative post audit reports, see 46-1128.

Confidentiality of responses to surveys conducted for legislative post audits, see 46-1129.

Law Review and Bar Journal References:

"Letting the Sunshine In: An Analysis of the 1984 Kansas Open Records Act," Ted P. Frederickson, 33 K.L.R. 205 (1985).

"Agency Access and Disclosure: Kansas and Federal," David L. Ryan, 56 J.K.B.A., No. 6, 8, 11 (1987).

"Hazardous Waste Regulation in the United States a Mind-Numbing Journey," James O. Neet, Jr., 61 J.K.B.A. No. 1, 31, 34 (1992).

"Compliance Through Cooperation," Robert W. Parnacott, 65 J.K.B.A. No. 5, 22 (1996).

"Assessing the Quality of a Water Right," John C. Peck, 70 J.K.B.A. No. 5, 26 (2001).

"2002 Legislative Wrap-Up," Paul T. Davis, 71 J.K.B.A. No. 7, 15 (2002).

"Ethical Traps for the Organization Lawyer: Interplay Between KRPC 1.6, 1.13, 1.7 and 1.11," Brian Moline, 72 J.K.B.A. No. 4, 20 (2003).

"Kansas Sunshine Law: How Bright Does It Shine Now? The Kansas Open Meetings and Open Records Acts," Theresa "Terry" Marcel, 72 J.K.B.A. No. 5, 28 (2003).

"Disappearing Fee Awards and Civil Enforcement of Public Records Laws," Katrina G. Hall, 52 K.L.R. 721 (2004).

"New Supreme Court Rule Mandates use of new Cover Sheets," 74 J.K.B.A. No. 6, 40 (2005).

"2009 Amendments to the Kansas Administrative Procedure Act and the Kansas Judicial Review Act," Mary Feighny, 78 J.K.B.A. No. 9, 21 (2009).

"Mugged of the Public Interest in Mug Shots: The Improper Balancing of Interests Under Exemption 7(C) of the Freedom of Information Act," Morgan E. Hammes, 57 W.L.J. 397 (2018).

Attorney General's Opinions:

Uniform vital statistics act; disclosure of records. 84-101.

Rosters of inmates not subject to exception for criminal investigation records. 84-124.

Commission on civil rights; confidential nature of investigative files; records received by state archives; confidentiality maintained. 85-2.

Automobiles and other vehicles; maximum speed limits; certain violations not matters of public records; disclosure of records. 85-7.

Taxation; property valuation, equalization; assessment; records open to public inspection. 85-36.

Groundwater management districts; annual meetings of eligible voters; affidavits of eligibility to vote; certain records not required to be open; information of a personal nature; board of directors; qualifications. 85-48.

Access of person to records bearing that person's name. 85-105.

Records open to public; access to city department reports. 85-156.

Records open to public; exceptions to disclosure. 86-1.

Records open to public; disclosure of coroner's records. 86-5.

Lists of names derived from public records. 86-39.

Records subject to disclosure. 86-43.

Public agency defined. 86-48.

Records subject to disclosure. 86-101.

Code of professional responsibility; privileged communications. 87-23.

Law enforcement records; jail book, standard offense report, mug shots. 87-25.

Access to records filed under U.C.C. 87-50.

Breath test machine results log is criminal investigation record; not required to be disclosed to public. 87-63.

Unlawful use of names derived from public records. 87-73.

Response to information request to KDHE for open record information. 87-86.

Crime of "unlawful disclosure of a warrant" prohibits disclosure, before execution of warrant, of complaint which leads to arrest warrant issuance. 87-100.

Hospital board member has right of access to personnel file of staff physician or other county hospital employee. 87-109.

Physician-patient privileged communication; inmates; physician justified in notifying officials when necessary to protect health of other inmates. 87-139.

Criminal history record information; disclosure of pending charges and scheduled court date. 87-145.

Records open to public; correspondence received by members of public bodies. 87-149.

Laws, journals and public information; records open to public; registration of attorneys. 87-168.

Racing commission; licensure; open records act; confidential information. 88-3.

Municipal hospitals; open records act; employee names and salaries. 88-61.

Open records act; certain laboratory records not required to be open. 88-88.

Identity of persons transported by emergency medical vehicles; physician-patient privilege. 88-101.

Letter of notice to attorneys who fail to timely pay registration fee. 88-117.

Disclosure of voter registration lists; lists on computers. 88-152.

Department of commerce; low-income housing tax credit program. 89-46.

Unlawful use of names derived from public records. 89-47.

Personnel records, sheriff's office. 89-107.

Utility or other public service records; revenue department's records on tax exemptions and refunds. 90-20.

Permanent registration of city, county or township vehicles; ambulances. 90-52.

Legislative post audit reports; status under Kansas open records act. 90-92.

Discretionary disclosure of certain personnel records; state agencies; criminal identification and detection. 90-136.

Certain records not open to public; personnel records; invasion of privacy. 91-50.

Recordation of death certificates with county register of deeds; open public records. 91-87.

Open public records; records compiled on radon testing; records pertaining to identifiable individuals. 91-106.

Open public records; ability of state agent to contractually close record not otherwise closed by law; legislative post audit; access to records, limitations. 91-116.

Open public records; internal civil investigation of state employee; veterans affairs commission; appointment, powers and duties of executive director; employees. 91-127.

Open public records; records obtained by legislative post audit; duty of confidentiality imposed by law; audit work papers. 91-138.

Property assessments; appraisals and valuations; installation and maintenance of records; open to public inspection. 91-145.

Legislative post audit; open public records; duty of confidentiality; mortgage credit certificate program records. 91-158.

Expungement; release of records to victim; certain records not required to be open. 92-27.

Open public records; criminal investigation records; invasion of personal privacy; victim specific information on alleged sexual offense. 92-149.

Provisions of diversion agreements; open public records. 94-7.

Sexually violent predator act; disclosure of medical and other treatment records to prosecutor. 94-81.

Confidentiality of information concerning juvenile offenders age 14 and older. 95-94.

Public records; application of open records act; effect of review of record in executive session. 95-119.

Consideration of applicants or prospective employees as personnel matters under open meetings act. 96-61.

Open public records; lists of names and addresses; use of names for purpose of attempting to purchase property or services from named persons. 96-68.

Election petitions, once filed, are generally open public records. 97-22.

Records of home addresses of public employees may be closed. 97-52.

Open public records; board of accountancy; correspondence. 97-76.

State bank commissioner; notification of intent to establish a subsidiary; open public records. 98-5.

Application of Kansas Open Records Act to information in Kansas Standard Offense Report and Standard Arrest Report. 1998-38.

Records of attorney's investigation for community college protected by attorney-client privilege. 1999-48.

Consulting contract not closed under Kansas Open Records Act as personnel record. 1999-55.

Members of medical advisory board are "officers and employees" for purposes of Kansas open records act. 2000-8.

Furnishing names of new city utility customers; not prohibited but not required. 2000-35.

Release of information from nongovernmental sources by Legislative Post Audit. 2001-18.

Membership list of Coffeyville City Golf Course is an open record. 2001-33.

Electronic mail (e-mail) may qualify as "public record" under KORA but e-mail between individual city commissioners, which is not made or maintained through city resources, is not a public record. 2002-1.

Discusses whether records of "custody time," the amount of time a person has been incarcerated, are open or closed depending on holder of records. 2002-29.

City of Olathe not prohibited from providing water utilization and billing information to Johnson County. 2002-55.

"Paid Loss Reporting Forms" is public record available for public inspection. 2004-1.

Public agency may close personal information concerning law enforcement personnel unless general public interest served outweighs personal privacy rights. 2006-8.

Insurance rate filings submitted to Kansas insurance department are open records even though such rates in bid proposal. 2008-3.

Actual cost for making records available; county's arrangement with private vendor to provide computer access to county records. 2009-14.

Records identifying unpaid accrued vacation and sick leave of public employees may be closed, while records of payments made to employees for vacation or sick leave are open. 2010-3.

When SRS delegates administration of certain assistance to another agency, that agency is bound by the same requirements of confidentiality regarding the information concerning applicants and recipients. 2010-5.

HIPAA preempts the KORA requirements of providing addresses of individuals in custody in a treatment facility. 2011-5.

Board of county commissioners not required to publicly disclose draft minutes of county commission meetings before such minutes are approved unless such draft minutes are publicly cited or identified in an open meeting or in the agenda of an open meeting. 2013-5.


1. Provisions of this act not retroactive; due to repeal of K.S.A. 45-201 et seq. and enactment hereof, personnel files specifically excepted. Tew v. Topeka Police & Fire Civ. Serv. Comm'n, 237 Kan. 96, 102, 105, 697 P.2d 1279 (1985).

2. Basis for disclosure of criminal investigation records considered; legislative intent. Harris Enterprises, Inc. v. Moore, 241 Kan. 59, 63, 64, 65, 67, 734 P.2d 1083 (1987).

3. Subject to provisions herein, disclosure of K.B.I. reports to racing license applicants permitted under K.S.A. 45-215 et seq. and 74-8804. Kansas Racing Management, Inc. v. Kansas Racing Comm'n, 244 Kan. 343, 353, 770 P.2d 423 (1989).

4. Disclosure of employee addresses to union as bargaining unit examined; disclosure permitted under facts of case. State Dept. of SRS v. Public Employee Relations Board, 249 Kan. 163, 167, 815 P.2d 66 (1991).

5. Possible evidence of law officer's reputation for excessive force in making arrests (K.S.A. 21-3215) examined. State v. Deavers, 252 Kan. 149, 157, 843 P.2d 695 (1992).

6. Review of weight given to state statutes in federal cases considering the privacy interests of police officers regarding discovery requests. Mason v. Stock, 869 F. Supp. 828, 832 (1994).

7. District coroner's office and investigative materials, working papers and records subject to open records act. Burroughs v. Thomas, 23 Kan. App. 2d 769, 937 P.2d 12 (1997).

8. County hospital not exempt under (a)(4) or (15) from disclosing records concerning nonemployee doctors. Southwest Anesthesia Serv., P.A. v. Southwest Med. Ctr., 23 Kan. App. 2d 950, 937 P.2d 1257 (1997).

9. Confidentiality provisions of federal civil rights act (42 U.S.C. § 2000e) consistent with provisions of open records act. Hughs v. Valley State Bank, 26 Kan. App. 2d 631, 639, 994 P.2d 1079 (1999).

10. City failed to meet burden of proof to assert attorney-client privilege in disclosure of attorney fee billing statements. Cypress Media, Inc. v. City of Overland Park, 268 Kan. 407, 409, 997 P.2d 681 (2000).

11. Investigatory records of city concerning death of former county commissioner were within criminal investigation exception of KORA. Seck v. City of Overland Park, 29 Kan. App. 2d 256, 27 P.3d 919 (2000).

12. No error in failing to grant a peremptory order of mandamus or to award attorney fees. Willis v. Kansas Highway Patrol, 273 Kan. 123, 41 P.3d 824 (2002).

13. "Supervisory history" files kept by parole officers, except for information pertaining to pending criminal charges, are not releaseable under KORA, but other post-incarceration records of inmates maintained by DOC may be released. Wichita Eagle & Beacon Publishing Co. v. Simmons, 274 Kan. 194, 50 P.3d 66 (2002).

14. Register of deeds may exercise discretion in refusing to release information of personal nature in public records; person seeking records is obliged to pay costs to redact records and is not entitled to attorney fees. Data Tree v. Meek, 279 Kan. 445, 109 P.3d 1226 (2005).

15. Inmate not entitled to inmate's entire KDOC master file. Schmidt v. State, 34 Kan. App. 2d 49, 123 P.3d 738 (2005).

16. Reasonable public access to a public record was denied when the Secretary of State directed software vendor to turn off a computer report feature that generated the requested report. Hammet v. Schwab, 62 Kan. App. 2d 406, 518 P.3d 48 (2022).

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