Kansas Open Records Act

 

A Citizen's Guide to Open Records at Sedgwick County

Download the Citizen's Guide to Open Records brochure.

The Kansas Open Records Act guarantees any person the right to inspect and obtain copies of all public records – unless the records are closed consistent with specific provisions of law.

Within three business days a County agency must either…

• Provide requested records;
• Inform the requester when they will be provided, or
• State why the records cannot be provided.

What are your open record rights?

If you ask, any County agency will provide its “open records request procedure.” If you want to learn more about the Kansas Open Records Act (KSA 45-215 et seq.), learn which agency may have records you seek, or if you have difficulty obtaining records from any County agency, contact the County’s Freedom of Information Officer (FIO). If you feel an agency has wrongfully denied you access to records, you may ask the FIO to help resolve the dispute. You have the right to file a complaint with the Sedgwick County District Attorney or with the Kansas Attorney General. If you wish to file a complaint, the FIO will provide contact information.

What County records are available?

Kansas Open Records Act (KORA) only requires agencies to provide records that already exist. KORA does not require creating new records, compiling special research or statistical reports, or interpreting records.

Commonly requested records are listed below:

Appraiser Sedgwick County Courthouse 4035 E. Harry 316-660-9250	Real property characteristics Sales information on properties Personal property renditions
County Clerk Sedgwick County Courthouse 525 N. Main #211 Wichita, KS 67203 316-660-9222	Board of County Commissioners agendas and minutes Real estate transfers and ownership Budgets of all taxing districts within Sedgwick County
County Treasurer Sedgwick County Courthouse 525 N. Main #107 Wichita, KS 67203 316-660-9110	Paid taxes Delinquent taxes Returned checks Cancelled/refunded taxes
Finance Division Sedgwick County Courthouse 525 N. Main #823 Wichita, KS 67203 316-660-7591	Budgets of County agencies Records of purchases Bid specifications and results
Geographic Information Systems (GIS) Sedgwick County Courthouse 525 N. Main #212 Wichita, KS 67203 316-660-9290	Aerial photos Quarter section maps Political boundary and district maps
Human Resources Division Historic Courthouse 510 N. Main #306 Wichita, KS 67203 316-660-7050	Salaries of officials and employees Personnel policies and procedures Compensation plans
Public Works Sedgwick County Public Works Building 1144 S. Seneca Wichita, KS 67213 316-383-7901	Drainage information Floodplain information Traffic counts
Register of Deeds Sedgwick County Courthouse 525 N. Main #415 Wichita, KS 67203 316-660-9400	Plats Deeds, mortgages and tax liens Powers of attorney Uniform Commercial Code filings
Sheriff Adult Local Detention Facility 141 W. Elm Wichita, KS 67203 316-383-7352	Traffic accident reports Theft reports Other incident reports

How about non-County records?

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.

District Court – 18th Judicial District District Court Administration Sedgwick County Courthouse 525 N. Main 11th Floor Wichita, KS 67203 316-660-5800	Case files and some transcripts Marriage and divorce records Certain records are not available: Adoption records, expunged criminal records, and many child-in-need-of-care and juvenile records are among those closed by law.
Kansas Department of Health & Environment Office of Vital Statistics Curtis State Office Building 1000 SW Jackson Suite 120 Topeka, KS 66612-2221 785-296-1400 FAX 785-296-8075 EMAIL: Vital.Records@kdhe.state.ks.us WEB: http://www.kdhe.state.ks.us/vital/	Birth certificates (since 7/1/1911) Death certificates (since 7/1/1911) Marriage certificates (since 5/1/1913) Divorce decrees (since 7/1/1951)

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 316-941-5105
EMAIL: kora-fio@sedgwick.gov