Kansas Open Records Act

Responsibility: Attend all board meetings and ascertain that accurate records are kept on file at the library

2012 Standards for Kansas Public Libraries
6. Library financial records are maintained on file at the library and are available in accord with Kansas Open Records Act requirements.

Kansas Open Records Act K.S.A. 45-216 to 45-223
  • Purpose of act: 45-216 declares that any person can inspect open records, except those exceptions defined by the act.

  • Definitions: 45-217 

  • Requests, responses, refusals: 45-218 says original copies of all records should be in the library and available on request as soon as possible. 

  • Making copies: 45-219 

  • Procedures for obtaining copies: 45-220 

  • Records not required to be open: 45-221j; 45-221k 

  • Penalties for violations: 45-223 

Procedures for following Open Records Act.
  1. All original copies of records about the library should be kept in the library. They cannot leave the library without the written permission of the custodian of the record. 

  2. Anyone can request these records any time the library is open. 

  3. The original records should be provided as soon as possible and certainly no later than the third business day. 

  4. If the record is not immediately available and the request is not made to the custodian on the record, then the name and location of the custodian of the record should be provided and the request should be passed to the custodian. 

  5. If the custodian cannot provide the record immediately, the custodian shall give a detailed explanation of the cause of further delay and state the time and place the record will be available. 

  6. Custodians may refuse requests for the following reasons:

    • “Unreasonable burden in producing public records” upon agency 

    • Repeated requests are intended to disrupt the work of the agency. This will require evidence. 

    • Records providing information about staff and patrons and their use of the library, e.g., circulation records, attendance of programs. 

  7. If copies are requested, the library can demand a written requests which include the person’s name, address and information needed to obtain the desired records. Written requests cannot be returned, delayed or denied on a technicality, other than the information is inadequate to obtain the record. 

  8. If copies are requested, the library’s charges for copies cannot exceed the cost of furnishing copies.