45-220. Procedures for obtaining access to or copies of records; request; office hours; provision of information on procedures.
45-220
45-220. Procedures for obtaining access to or copiesof records; request; office hours; provision of information onprocedures.(a) Each public agency shall adopt procedures to be followed in requestingaccess to and obtaining copies of public records, which procedures shallprovide full access to public records, protect public records from damageand disorganization, prevent excessive disruption of the agency's essentialfunctions, provide assistance and information upon request and insureefficient and timely action in response to applications for inspection ofpublic records.
(b) A public agency may require a written request for inspection ofpublic records but shall not otherwise require a request to be made in anyparticular form. Except as otherwise provided by subsection (c), a publicagency shall not require that a request contain more information than therequester's name and address and the information necessary to ascertain therecords to which the requester desires access and the requester's right ofaccess to the records. A public agency may require proof of identity ofany person requesting access to a public record. No request shall bereturned, delayed or denied because of any technicality unless it isimpossible to determine the records to which the requester desires access.
(c) If access to public records of an agency or the purpose for whichthe records may be used is limited pursuant to K.S.A.45-221 orK.S.A. 2009 Supp.45-230, and amendments thereto, the agency mayrequire a person requesting the records or information therein to providewritten certification that:
(1) The requester has a right of access to the records and the basis ofthat right; or
(2) the requester does not intend to, and will not: (A) Use any list ofnames or addresses contained in or derived from the records or informationfor the purpose of selling or offering for sale any property or service toany person listed or to any person who resides at any address listed; or(B) sell, give or otherwise make available to any person any list of namesor addresses contained in or derived from the records or information forthe purpose of allowing that person tosell or offer for sale any property or service to any person listed or toany person who resides at any address listed.
(d) A public agency shall establish, for business days when it does notmaintain regular office hours, reasonable hours when persons may inspectand obtain copies of the agency's records. The public agency may requirethat any person desiring to inspect or obtain copies of the agency'srecords during such hours so notify the agency, but such notice shall notbe required to be in writing and shall not be required to be given more than 24hours prior to the hours established for inspection and obtaining copies.
(e) Each official custodian of public records shall designate suchpersons as necessary to carry out the duties of custodian under this actand shall ensure that a custodian is available during regular businesshours of the public agency to carry out such duties.
(f) Each public agency shall provide, upon request of any person, thefollowing information:
(1) The principal office of the agency, its regular office hours and anyadditional hours established by the agency pursuant to subsection (c).
(2) The title and address of the official custodian of the agency'srecords and of any other custodian who is ordinarily available to act onrequests made at the location where the information is displayed.
(3) The fees, if any, charged for access to or copies of the agency'srecords.
(4) The procedures to be followed in requesting access to and obtainingcopies of the agency's records, including procedures for giving notice of adesire to inspect or obtain copies of records during hours established bythe agency pursuant to subsection (c).
History: L. 1984, ch. 187, § 6;L. 1984, ch. 282, §3;L. 2003, ch. 126, § 2; July 1.