Access To Kansas Open Records



Access To Kansas Open Records

The Kansas Department of Transportation (KDOT) is committed to the public policy of the State that public records be open for inspection unless otherwise provided by Kansas law. If you would like to submit a request for records, please review the information provided on this page.


What Records are Available?

Most records maintained by public entities are open for public inspection and copying. Commonly requested records include accident reports, design plans, agency contracts and maps. Actual records maintained by the agency, whether in written, photographic, or computerized form, may be requested. The Kansas Open Records Act does not require an agency to answer questions or to create a record to respond to a request.


Requesting a Record

KDOT is made up of many divisions and bureaus that keep and maintain records that may be open to the public.
The following is a list of some the different divisions and bureaus within KDOT that maintain or possess records that are open for inspection and copying:

  • Bureau of Right of Way
    To submit a records request to the Bureau of Right of Way, which acquires property for highway projects and oversees highway right-of-way owned by KDOT, please submit the Right of Way online records request form.
  • Traffic Safety
    To submit a records request to the Traffic Safety Section, which maintains traffic records and accident statistics for the State of Kansas, please submit the Traffic Safety online records request form.
  • General Requests
    If you would like to submit a general records request, please submit the General online records request form.
    If you have questions regarding records that may be available for public inspection, please e-mail your inquiry to KDOT.OpenRecords@ks.gov.

    Records requests may also be submitted by mail to the following address:
    Kansas Department of Transportation
    Official Records Custodian – Office of Chief Counsel
    Eisenhower State Office Building
    700 SW Harrison Street
    3rd Floor W
    Topeka, Kansas 66603

EXCEPTIONS TO THE KANSAS OPEN RECORDS ACT

The Kansas Open Records Act recognizes that certain records contain private or privileged information. The Act lists several exceptions, including:

  • Personnel records of public employees.
  • Records protected by attorney-client privilege.
  • Records containing information that if disclosed would constitute an unwarranted invasion of privacy.
  • Records closed by the rules of evidence.
  • Notes and preliminary drafts.
  • Engineering and architectural estimates.
  • Records that include information that would reveal the precise location of an archeological site.


A list of additional exemptions can be found in K.S.A. 45-221.


TO EXPEDITE THE PROCESS

To expedite the process, you should provide a specific description of the record you are seeking. You may be asked to clarify what records you need so that KDOT understands your request to properly respond to it.
KDOT will acknowledge the receipt of your request, and most records will be produced within three business days from the time the request is received.

  • It may take more than three days to produce the requested records or to determine whether KDOT can comply with a request. Reasons for additional time may include voluminous records, complicated request parameters, unresolved legal issues, or difficulty in accessing archived records.
  • The response may deny your request, in whole or in part. If the request is denied, you will be provided information identifying generally what requested records were denied, and the specific legal authority for the denial.


You may be required to provide proof of your identity.

CERTIFICATION

Pursuant to K.S.A. 45-230, no person may sell or market property or services to persons on any list of names and addresses derived from public records. Therefore, KDOT may require that a person requesting information which contains names or addresses execute a written certification that the requester does not intend to, and will not use any list of names or addresses provided by KDOT for the purpose of selling or offering for sale any property or service to any person listed or to any person who resides at any address listed; or to otherwise make such information available to any person wanting to sell or market property or services to any person listed.

FEES AND CHARGES

KDOT typically provides records requested under KORA electronically to the requester (via either email, uploaded to KDOT’s FTP site, or on a compact disk mailed to the requester). However, should the requester desire paper copies of documents, pursuant to Executive Order 18-05, KDOT will not assess any charge or fee for copies of the first one hundred pages of documents that are responsive to a request. For any responsive records, whether provided electronically or by paper, KDOT may charge and require advance payment of fees for the cost of staff time required to compile, review, and make the requested records available. K.S.A. 45-219(c).

To view KDOT’s rates for supplying documents under the Kansas Open Records Act click here.

YOUR RIGHTS AND RESPONSIBILITIES

  • To inspect and obtain copies of public records which are not exempted from disclosure by a specific law.
  • To obtain a copy of the agency’s policies and procedures for access to records and to request assistance from the agency’s Freedom of Information Officer.
  • To receive a written acknowledgement of your request within three business days.
  • To bring a private lawsuit or to file a complaint with the Kansas Attorney General’s Office if you feel you are wrongfully denied records.

QUESTIONS

If you have questions regarding the Kansas Open Records Act, please contact:
Emily Brown, Staff Attorney – KDOT Office of Chief Counsel
Freedom of Information Officer/Official Records Custodian
(785) 296-3831

ADDITIONAL RESOURCES

The KDOT Open Records Brochure

For additional information on the Kansas Open Records Act, visit:
http://www.ag.ks.gov/open-government