General Counsel KORA (Kansas Open Records Act)

The Kansas Open Records Act (KORA)

The Kansas Open Records Act (KORA) is state law stating that public records shall be open for inspection by any person as described in the Act [K.S.A. 45-215 through 45-223]. KORA does apply to Emporia State University and the records of the University will be disclosed upon request, unless a particular record is exempt from the Act. Exempt records include those of a sensitive or personal nature concerning individuals, records where confidentiality is necessary for the effective and efficient administration of a governmental program, and records affecting confidential information. The ESU Memorial Union and the ESU Foundation are each separate entities from the University and their records are not subject to KORA.

To request a copy of a record, or to view a record:

• Records requests must be made in writing to the Office of the General Counsel, who serves as the University records custodian for purposes of KORA. Written requests can be submitted by email to kora@emporia.edu, by USPS, or by delivery.
• Anyone may request a record for any reason.
• The request must specifically identify the record being sought and must also include the name and contact information of the person making the request. There is not a special form that must be used.
• A records request sent to someone on the ESU campus other than the General Counsel should be forwarded to the Office of the General Counsel for processing.
• KORA requests must be for existing records, not information.
• KORA does not require that a record be created in order to respond to a request.
• KORA does not require records that are already publicly available to be provided.

When a records request is received:

• A written records request is considered to be received when it arrives at the Office of the General Counsel. A request sent to another office is not “received” until it is forwarded to the Office of the General Counsel.
• A response to the records request will be sent within three business days of the date of the request. This response will acknowledge receipt of the request, whether the records exist and are subject to KORA, and then an estimate will be given of how much time will be necessary to comply with the request. The three day time period for this initial response begins the first business day after the date the request is received.
• If a record has been requested that is closed to public disclosure, the response will state that the record is closed and will also give the legal authority under which the record is closed.
• If a request is made to obtain names and contact information of students or personnel (directory information), the response will include a certification form that must be signed under oath (a notarized statement) affirming that the information will not be used for solicitation or any other prohibited purpose. If this certification is not given, the request will be denied. Information obtained through KORA cannot be used for purposes of solicitation.
• Kansas law does permit a fee to be charged to the person making the request for employee time necessary to find and prepare the records to respond to the request, which can include copying or other actual costs. If there will be a fee, the response to the request will describe the fee and the reasons for the fee. Any fee must be paid before records will be provided in response to a request.
• When the requested records have been collected, they will be provided to the requester. Electronic versions of records will be provided whenever possible, unless the request specifies a hard copy.
• KORA does not require that records be provided within a specific time period. However, records will be sent in response to a request as soon as they are available.

If a person believes their records request has been incorrectly handled, there are three options:

(1) File a lawsuit in district court against Emporia State University;

(2) File a complaint with the Lyon County Attorney; or,

(3) File a complaint with the Office of the Kansas Attorney General. Complaints filed with the Kansas Attorney General must be filed on the form provided by that office online at: www.ag.ks.gov.

Once a complaint or lawsuit has been filed, the matter will be handled by the court, the Lyon County Attorney, or by the Kansas Attorney General’s office through their regular procedures. The possible outcomes for any of the options pursued are:

• Confirmation that the records are closed, or,
• That the records must be provided.
• If it is determined that the University knowingly violated KORA or did not have a good faith reason for denying the request for records, the University could be fined and ordered to pay actual costs, including attorney fees, of the person who made the request and filed the complaint.