Public Records

Guide to: Open Public Records

The Local Freedom on Information Officer for the City of Lakin, Kansas is:

Cindy Broeckelman, City Clerk

Lakin Administrative Center
121 North Main Street
P.O. Box 148
Lakin, Kansas 67860
(620) 355-6252 Phone
(620) 355-6052 Fax
Regular office hours are 8:00 a.m. - 5:00 p.m. - Monday - Friday

PUBLIC POLICY

It is the public policy of the State of Kansas that "Public Records shall be open for inspection by any person unless otherwise provided, and the Kansas Open Records Act shall be liberally construed and applied to promote such policy."

K.S.A. 45-216(a)

Public records include "any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency."

WHAT RECORDS ARE AVAILABLE?

Most records maintained by public entities are open for inspection and/or copying by individuals. Commonly requested records include:

	ORDINANCES
	RESOLUTIONS
	MINUTES FROM OPEN MEETINGS
	SALARIES OF PUBLIC OFFICIALS
	BUDGETS

HOW TO REQUEST A RECORD

-Step 1-

Check with the records custodian or Local Freedom of Information Officer to determine whether the information that you need is available. All records are open for inspection, unless closed pursuant to specific legal authority.

-Step 2-

Records may be inspected during regular office hours. You may be asked to submit your request for information in writing. The records custodian will provide you with a prepared form for this purpose. Make sure your request is as specific as possible so that your request may be filed quickly and completely. The records custodian may ask detailed questions in order to fulfill your request accurately.

-Step 3-

	Most records will be produced within three business days from the time the request is received. If the request is denied, you will receive a written explanation for the delay or denial.
	The Kansas Open Records Act authorizes public agencies to charge fees for providing access to or furnishing copies of public records. This fee may be requested in advance and may include:
	The cost of copying or reproducing the record shall be $0.25 per copy.
	Cost of staff time required to compile the information available.

-Step 4-

If you have any questions about your request, contact your Local Freedom of Information Officer.

CLOSED RECORDS

Some records are mandatorily closed by federal law, state statutes or Supreme Court Rule.

Examples include child abuse records and reports; juvenile offense records; drug abuse treatment records; financial information of a taxpayer filed with the count appraiser; criminal history record information; ballots; presentence reports; grand jury proceeding records; long-term care facility residents' information; adoptions; income tax reports and returns; KDHE vital statistics-marriage, birth and death certificates; diversion agreements in district court, once completed; disclosure of social security numbers; certain student information or educational records.

The Kansas Open Records Act recognizes that some records contain information which is private in nature. For this reason, the Act lists a number of exceptions. Records which are closed for this reason may include:

	Personnel information of public employees;
	Medical treatment records;
	Records which are protected by the attorney-client privilege or the rules of evidence;
	Records containing personal information complied for Census purposes;
	Notes and preliminary drafts;
	Criminal investigation records;
	Several other specific records.
	For a complete listing of exemptions, see: K.S.A. 45-221

PROHIBITED USES

A list of names and addresses shall not be obtained from public records for the purpose of selling or offering for sale any property or service to the persons listed.

This provision does not prohibit commercial use generally; it just applies to use of the names to sell or offer to sell property or a service.

This provision does not prohibit use of list of names obtained from public records to solicit the purchase of property from the persons listed.

This provision pertains to the names and addresses of businesses listed in the public records, as well as individuals.

Any person who knowingly sells, gives, or receives records for such purpose is guilty of a class C misdemeanor.

The agency may require a person who requests such records to provide written certification that she or he will not use the record for that prohibited commercial purpose. If the requester makes this certification, the custodian is relieved of liability, if the custodian provides records in good faith reliance on certification.

A third party who obtains this information from a requester violates the law if it is used for commercial purposes.

FOR A COPY OF THE KANSAS OPEN RECORDS ACT:

Contact your Local Freedom on Information Officer or www.ink.ort/public/legislative the click on the "Kansas Statutes": icon.
The Kansas Open Records Act: K.S.A. 45-215