1.27 OPEN RECORDS

Effective: August 15, 2024

Purpose: To outline the responsibilities of the University to ensure compliance with the Kansas Open Records Act and to provide access to requested records.

Scope: This policy applies to the University campus wide.

Responsible Office: General University; Office of General Counsel

Policy Statement: The Kansas Open Records Act (KORA) grants the right to inspect and obtain copies of public records created or maintained by public agencies in Kansas. The Open Records Act, K.S.A. 45-215 et seq., as amended, declares that it is the public policy of Kansas that “public records shall be open for inspection by any person.” Public records are defined as “any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency.” The University is classified as a public agency for the purposes of this Act. KORA does not require the University to answer questions, prepare reports, create records, or compile information.

The University’s KORA Compliance Officer is hereby designated as the University’s Local Freedom of Information Officer.

Faculty and staff who receive requests for access to University records, or requests for information about, or assistance with a KORA request, should direct the request, or the individual, to the KORA Compliance Officer in the Office of General Counsel.

In order to request access or copies of existing public records, a written request must be made to the KORA Compliance Officer. The written request must include the name and address of the person requesting access to the record, sufficient information to identify the records being requested, and the requestor’s right of access to the records. The University may request additional information if needed to identify and retrieve records requested. Requested public records that may be produced by the University may be inspected during normal business hours, which are between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays and non-work days. The KORA Compliance Officer may designate where records may be viewed.

A written request for access to public records will be made to: Official Custodian of Records, Office of General Counsel, Emporia State University, 1 Kellogg Circle, Campus Box 4001, Emporia, KS 66801.

The KORA Compliance Officer may ask the requestor to sign a statement indicating knowledge of K.S.A 45-230 and the intent to comply with this law.

All efforts will be made to process each request for public records as soon as possible, but not later than the end of the third business day following the date the request is received. If the request to access the public records is delayed, a written explanation for the cause of the delay, and the date on which the record will be made available, will be made. The request may be denied if it places an unreasonable burden on the University to produce the record(s), or if the KORA Compliance Officer has reason to believe that the request is intended to disrupt other essential functions of the University. An explanation for a denied request will be provided in writing, including a citation to applicable legal reference.

Fees charged or providing access to and/or copies of public records shall be:

• Staff time in providing records or access to records: $35.00 per hour
• Non-Certified copies of records: $0.25 per page
• Certified copies of records: $1.25 per page
• Copies produced by outside vendor – actual cost determined by vendor
• Mailing of record – actual cost determined by United States Postal Service cost schedule
• Fax (outgoing U.S. Fax only): $0.90 per page
• Additional fees: any other costs incurred by the University as a result of complying with a record request may be charged to the requester.

Fees charged must be remitted to Emporia State University prior to access to, or distribution of, requested records, unless otherwise agreed. Exception to fee charges may be made upon a de minimis impact determination by the KORA Compliance Officer. Copies of tapes, disks, films, pictures, or similar items shall not be required to be disclosed unless the items were shown or played at a public meeting of the University or other public body. Records shall remain in the possession and control of the University during inspection and/or duplication.

Exceptions to KORA

Certain records are considered private or privileged under KORA. Some exceptions include, but are not limited to, personnel records, medical treatment records, records protected by attorney-client privilege, criminal investigation records, proprietary business information, notes, and records protected by federal law including the Family Educational Rights and Privacy Act (FERPA) and/or the Health Insurance Portability and Accountability Act (HIPAA). Records more than seventy (70) years old are normally open for inspection unless otherwise prohibited by law. Records partially exempt from disclosure shall be redacted in accordance with applicable law.

Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in another University or Board of Regents policy or by statute or regulation.

Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of General University procedures.

[General University procedures - coming soon]

Related Policy Information: [coming soon]