Summary
This regulation describes the Board's compliance with open records practices required by the Kansas Open Records Act, K.S.A 45-215, et seq., as amended (KORA).
Effective Date:
October 19, 2005
Reviewed:
October 4, 2017
February 11, 2021
August 14, 2025
Public policy
Except as otherwise provided for exceptions to disclosure established in KORA, all public records of the Library shall be open for inspection by any person. The Library acknowledges and agrees it is the public policy of the state of Kansas to liberally construe KORA to promote open disclosure of public records.
Definitions
A. Public Record: A public record means any recorded information, regardless of form or characteristics, which is made, maintained or kept
by or is in the possession of the Library or on the Library’s behalf by Johnson County Government and Johnson County Department of Technology and Innovation (DTI), but shall not include records which are owned by a private person or entity and are not related to functions, activities, programs or operations funded by public funds or records which are made, maintained or kept by an individual who is a member of the Board of Directors of the Johnson County Library.
B. Custodian: An Administrative Officer of Johnson County Library shall be the official custodian of all Library records and the person responsible for carrying out the duties of custodian for the purposes of the Kansas Open Records Act. The Business Office of Johnson County Library, 9875 W. 87th Street, Overland Park, Kansas, shall be the custodian's official address.
Restrictions on access
The custodian may refuse to provide access to or to permit inspection of a public record if a request places an unreasonable burden in producing public records or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the Library. No person shall remove original copies of public records from the office of the Library without the written permission of the custodian.
Fees
Pursuant to K.S.A. 45-219, as amended, the Library reserves the right to require that requesters pay in advance actual costs for furnishing the requested public records, including the cost to review and redact public records. Requesters may also be responsible for payment of staff time required to search, retrieve, prepare, redact, or reproduce public records. Staff time will be charged at the rate of compensation for each person(s) whose time is reasonably necessary to fill the request, provided the Library will charge the lowest-cost category of staff reasonably necessary for such work. This may include time spent accessing records maintained on computers, reviewing records to determine whether exceptions to disclosure apply, or redacting closed information from records.
The estimated total amount of required fees shall be presented to the requester for approval in advance of fulfilling the KORA request, provided requesters may be provided an itemized statement of costs upon written request of the requester. Under circumstances described in KORA, the Library will make reasonable efforts to engage in interactive communication with the requester about mitigating costs to fill the request. Payment in advance may be required. Any such fees collected by the custodian shall be remitted to the Library’s general fund.
Procedure for access
Requestors are required to furnish a written request in a form approved by the County Librarian setting forth the following:
- 1. Name and signature of the requester,
- Address of the requester, and
- Information sufficient to fulfill the request.
The written request may be submitted on a form approved by the County Librarian. Forms are available at each Library branch, on the Library website, and upon request. Sufficient identification may be required to verify the identity of the requester. The written request shall be submitted to the custodian who, in consultation with Library legal counsel, shall determine whether to allow or deny access, or whether to redact portions of the public record.
Deadline/Delay/Denial
The custodian shall respond to the request no later than five o'clock p.m. of the third business day following the request. In the event the request cannot be acted upon prior to that time, the custodian shall inform the requester of the reasons for the delay and the anticipated time and place that the record will be made available. In the event the request is denied, the custodian shall, upon the application of the requester, provide a written statement on the grounds for the denial, including the specific provision of law upon which the denial was based. Such statement of denial shall be issued to the requester not later than the end of the third business day following the day on which the request for an explanation of denial is received.
Compliance with Americans With Disabilities Act
Reasonable accommodation will be made for the individuals with disabilities, as defined in the Americans with Disabilities Act (ADA), in accessing Library public records. Persons needing interpretative services and other accommodations should make their request for these services at the time the application to access the records is made.
Exceptions to Public Records Access
Except to the extent disclosure is otherwise required by law, the Library shall have no obligation to disclose records that qualify for disclosure exceptions, including those set forth in K.S.A. 45-221, as amended, or any other applicable law.
Redaction of material not subject to disclosure
C. If a public record contains material which is not subject to disclosure pursuant to this act, the Library shall separate or redact such material and make available to the requester that material in the public record which is subject to disclosure pursuant to this act. If a public record is not subject to disclosure because it pertains to an identifiable individual, the Library shall delete the identifying portions of the record and make available to the requester any remaining portions which are subject to disclosure pursuant to this act, unless the request is for a record pertaining to a specific individual or to such a limited group of individuals that the individuals' identities are reasonably ascertainable, the Library shall not be required to disclose those portions of the record which pertain to such individual or individuals.
August 14, 2025 ARM 10-55-11 End
Administrative regulations
Tab: Governance
Document number: 10-55-11
Section: Resolutions by Library Board of Directors
Subject: Open records