KORA FAQ

What is KORA?

The Kansas Open Records Act [K.S.A. 45-215 through 45-254] is state law requiring that public records shall be open for inspection by any person as described in the Act.

What is a public record?

Records made, maintained, kept by or possessed by a public agency, or any officer or employer of a public agency pursuant to the officer’s or employee’s official duties, regardless of location, which are related to the functions, activities, programs or operations of any public agency. Records may be in any form, including paper, electronic storage, and emails.

Is Emporia State University a public agency?

Yes. Emporia State University is a public agency of the State of Kansas. KORA applies to the records of ESU, as well as to the records of subordinate entities of ESU. The ESU Foundation is not a public agency and is not subject to KORA.

What is a subordinate of ESU?

Officially recognized departments, schools, colleges, and university committees and task forces, as well as, Associated Student Government, Faculty Senate, and Staff Senate. This list is not exhaustive.

What happens after a record is requested?

A response to the records request will be sent within three business days of the date of the request that acknowledges the request. Additional responses may follow that state whether the records exist, whether the records are subject to KORA, and an estimate of how much time will be necessary to comply with the request. It is permissible to charge a fee 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, a 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.

Are there any prohibited uses of public records?

Yes. KORA cannot be used to obtain names and contact information (directory information) for the purpose of solicitation. The response to a request for directory information typically includes 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 agency can and will refuse to comply with the request.

What types of records are not covered by KORA?

There are a number of specific types of records not covered by KORA, as defined by both state and federal law. In general, the types of records that are closed, or not covered by KORA, are 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. If a record has been requested that is closed to public disclosure, the response to the request for the records will state that the record is closed and will also give the legal authority under which the record is closed.

Does KORA require that questions about the agency or agency actions be answered?

No. 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.

What fees does Emporia State University charge for producing records under KORA?

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.

What is the procedure if a person believes that the agency wrongfully claims that a requested record is closed or otherwise fails to properly respond to a request for records?

There are three options: (1) File a lawsuit in district court against the public agency; (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. The matter will be handled by the court or by the Lyon County Attorney or by the Attorney General’s office through their regular procedures. The outcome will be either confirmation that the records are closed, or, that the agency must provide the records. If the agency knowingly violated KORA or did not have a good faith reason for denying the request for records, the agency could be fined and ordered to pay actual costs, including attorney fees, of the person who made the request.