Citizens often look to
County government first for records that must be provided by other units
of government. In fact, the FIO refers less than 40% of requesters to
County agencies – most requests are for State Vital Statistics or
District Court records. District Court, other State agencies, and all
cities, school districts and other local governments are responsible for
their own records. These other agencies should have their own FIOs to
help requesters.
What records are “closed”?
Various provisions of State and Federal law require
that certain public records, or portions, remain “closed.” Closed
records either are not disclosed at all, must have portions removed, or
may be disclosed only to persons who have a legal right to access them.
Many closed records contain private information about individuals. KORA
(KSA 45-221) lists 43 categories of records that may be closed,
including:
-
Criminal
investigation records.
-
Medical treatment
records of individuals.
-
Personnel records of
County employees.
-
Correspondence with
individual citizens.
-
Social Security
numbers, financial account numbers and other private information,
even if contained within records that otherwise may be disclosed.
-
Records protected by
attorney-client privilege or by rules of evidence.
-
Competitive
purchasing process records, prior to acceptance of bid or proposal.
-
Notes and
preliminary drafts.
Criminal history record information
In general, County agencies cannot provide
criminal history record information (CHRI) about individuals, whether to
employers for applicants, to individuals about themselves, or to others.
County employees who provide CHRI in violation of law may be terminated
and prosecuted. However, records of adult convictions and trial
proceedings within Sedgwick County are available from the District
Court.
The Kansas Bureau of Investigation (KBI) is the
central CHRI repository for Kansas, and regulates dissemination of CHRI
to criminal justice agencies and all others. To the extent the law
allows, the KBI provides CHRI to persons about themselves, to employers,
and to others. Certain records checks can be submitted online for a fee,
and further information is available at the KBI Web site.
Kansas Bureau of Investigation
Attn: Adult Records
1620 SW Tyler
Topeka, KS 66612-1837
785-296-8200
EMAIL:
records@kbi.state.ks.us
WEB:
http://www.kansas.gov/kbi/
How do you request records?
1. Prepare your request. It may help to check
with the agency first to find out if the record you want is available,
and what information is needed to obtain it. You will need to describe
what you want in specific terms. If you don’t know which agency has
the record(s) you seek, ask the Freedom of Information Officer.
2. Submit your request. Simple requests for a
few current records often can be handled by telephone or in person while
you wait.
For more complex and for restricted records, the
agency may require a written request. Describe what you want as
specifically as you can. The agency may provide a form for mutual
convenience, but agencies cannot require that written requests be
submitted on their forms.
KORA allows an agency to ask your name and address.
For restricted records, an agency may require proof of identity or other
information sufficient to determine your right under law to access the
records.
3. Agency responds. For most routine
requests, agencies will produce records within three business days. Some
records will require more time – within three business days agencies
must tell you when and how they plan to provide you access and/or
copies.
Your request may be denied, in whole or in part.
If the agency denies your request, it must specify the records denied,
and cite legal basis for denial. Any denial will be made upon advice of
legal counsel.
The agency should respond within three business
days.
Will you need to pay fees?
Most simple requests for small quantities of current
records will not require fees. KORA allows agencies to recover “actual
costs” for providing access or copies. Most agencies will not charge
when responses involve relatively little labor and other expense.
Responses that involve retrievals from commercial
storage, computer resources, numerous copies, substantial staff time and
similar costs usually require fees. Fees are payable in advance.
Why wouldn’t you get records?
County agencies will try to provide records you
request. However, agencies sometimes cannot provide records:
-
The records may be
another agency’s responsibility — the agency should refer you to the
other agency or to the FIO.
-
The records were
never created, or cannot be found.
-
The record was
destroyed in the normal course of business, consistent with County
policy and State law.
-
Your request was
unclear or incomplete – please resubmit with needed detail.
-
The record is closed
to protect an important privacy or other interest authorized by KORA
(see KSA 45-221) — the agency will explain and cite specific legal
provisions.
Don’t know which agency to ask? Have questions about open records?
If you don’t know which agency to ask for the records
you seek, the Freedom of Information Officer (FIO) can help. If you have
questions or concerns about your request, the County’s compliance with
KORA, or KORA in general, the FIO can help.
Call the Freedom of Information Officer. You
may call the FIO at the Open Records Information Line: 316-660-9840. The
FIO or another staff member is usually available during business hours.
If you leave a voicemail, please speak slowly and distinctly.
Give your name and full mailing address. Your telephone number would
allow calling you back to clarify your request. Please repeat contact
information. If you do not receive a response within one business
day, please call again, fax, email or mail.
Use the Web site inquiry form. Browse to the
inquiry form. Fill
blanks with required and optional information, and click to send.
Providing your email address will speed response, but cannot be
required.
Email the Freedom of Information Officer. If
you email the FIO, please include your name and mailing address, and
describe the records you seek as completely as you can. Your telephone
number would be helpful, but cannot be required. Please email the FIO at
kora-fio@sedgwick.gov.
Whatever means you use, you should receive an
acknowledgement, answer or referral back within three business days. If
you do not, please resend or call.
The Freedom of
Information Officer for Sedgwick County Government is …
Douglas K. King, Records Manager / Freedom of
Information Officer
Division of Information & Operations – Records Management Services
Courthouse Records Center
525 N. Main (Basement Mezzanine)
Wichita, KS 67203-3782
316-660-9840
FAX 316-660-3274
EMAIL:
kora-fio@sedgwick.gov
Your
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