Kansas Open Records Act (KORA)

The Kansas Open Records Act is the Kansas version of the federal Freedom of Information Act. It allows for public inspection and copying of some records maintained by public entities. Not all records are available for public inspection.

Kansas Department of Labor Open Records Policy

This document is the Open Records Policy for the Kansas Department of Labor (KDOL). If you have general questions or concerns regarding the Kansas Open Records Act, please contact the Kansas Attorney General's Office (785-296-2215). If you are seeking specific records kept by another agency, please contact that agency.

The Information officer for the Kansas Department of Labor is Darren Root.

KDOL may charge reasonable fees, not exceeding actual cost, for access to records, copies of records, and staff time for processing your request. For a schedule of fees, refer to the KDOL's Open Records Fee Schedule.

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:

• Kansas Statutes
• Kansas Regulations
• Policies
• Minutes/Records of Open Meetings
• Salaries of public officials
• Agency budget documents

Exceptions to the open records act

The KORA 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 compiled for Census purposes
• Notes and preliminary drafts
• Criminal investigation records

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 at your request.

Employment Security Records

The Department of Labor may not release records maintained pursuant to Employment Security Law. Under Kansas law, these records are confidential and are not open to public inspection. K.S.A. 44-714(f). This means that the records we maintain regarding Unemployment Insurance Benefits and Wage Information provided by employers and employees are not public records. Employment and Training records also may not be opened.

Requesting a record

Consult with the agency's Information Officer. He will help determine whether 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. You may be asked to certify that you will not use the records for commercial purposes.

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 three business days.

If you have questions or need more information, contact Darren Root.

 

Your basic rights and responsibilities under the Kansas Open Records Act

You have the right to inspect and obtain copies of public records maintained by KDOL which are not exempted from disclosure by a specific law.

You must requests records -- written, photographic, or computerized. The KORA does not require KDOL to answer questions or prepare reports.

KDOL may require you to put your request in writing.

You must provide proof of your identity, if requested.

You do not have to say why you want these records or who you work for.

KDOL may charge reasonable fees, not exceeding actual cost, for access to records, copies of records, and staff time for processing your request.

You have the right to receive a written response to your request within three (3) 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 access archived records.
• The response may deny your request, in whole or in part. If the request is denied, the agency must identify generally the records to be denied, and the specific legal authority for the denial.

You have the right to obtain a copy of KDOL's policies and procedures for access to records.

You have the right to request assistance from the agency's Information Officer.

You have the right to bring a private law suit or to file a complaint with the Kansas Attorney General's Office if you feel you are wrongfully denied records.

Additional information can be obtained on the Internet at:
http://www.ksag.org/OPEN/KORA.htm