Johnson County Community College
Series 200: Administrative Services
Section 218: Records

A. PURPOSE

The purpose of the Kansas Open Records Act, as found in K.S.A. 45-125 et seq. is to insure that public records are open for inspection by any person, except those public records specifically exempted from disclosure. The act is to be liberally construed and applied to promote that purpose.

The procedures contained herein are to be followed in requesting access to and obtaining copies of public records. These procedures are designed to provide access to public records, protect public records from damage and disorganization, prevent excessive disruption of the college's essential functions, provide assistance and information upon request, and insure efficient and timely action in response to applications for inspection of public records.

B. DEFINITIONS

1. "Public record" means any recorded information, regardless of form or characteristics, which is made, maintained, and kept by or is in the possession of the college. "Public record" does 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 Trustees.

2. "Public agency" includes Johnson County Community College (the college) and any office, officers, agency, or instrumentality thereof. It does not include any officer or employee if the public agency does not provide him with an office which is open to the public at least thirty-five (35) hours a week.

3. "Official custodian" means the officer or employee who is responsible for the maintenance of public records, regardless of whether such records are in the officer's or employee's actual personal custody and control.

The vice president for academic affairs is the official custodian for all public records of an academic nature, and the vice president for administrative services is the official custodian for all other public records.

4. "Custodian" means the official custodian or any person designated by an official custodian to carry out the duties of custodian under this act.

5. "Business day" means any day other than a Saturday, Sunday, or day designated as a holiday by the Congress of the United States, by the legislature or governor of this state or by the college.

C. PROCEDURES FOR REQUESTING ACCESS TO PUBLIC RECORDS

1. Written Requests
Custodians will require a written request for inspection of public records. The request may be in any form, but for convenience, the form at Appendix 1 (A-1) should be used. The only information which may be required is the requester's name and address and the information necessary to ascertain the records to which the requester desires access. No request shall be returned, delayed, or denied because of any technicality unless it is impossible to determine the records to which the requester desires access. The custodian may require proof of the requester's identity.

2. Responding to Requests
Each request for access to a public record must be acted upon as soon as possible, but no later than the end of the third business day following the date that the request is received. If access to the public record is not then granted, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the records will be available for inspection. The explanation does not have to be written, but the form at Appendix 2 (A-2) is recommended.

3. Denying Requests for Access
a. If a request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for the denial. Such statement shall cite the specific provision of the law under which access is denied and shall be furnished to the requester not later than the end of the third business day following the date that the request for the statement is received.
b. The custodian may also refuse to provide access to a public record if the 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 college.
c. The form at Appendix 3 (A-3) shall be used when access is denied.

4. Wrong Custodian.
If the person to whom the request is directed is not the custodian of the public record requested, such person shall so notify the requester and shall furnish the name and location of the custodian of the public record.

D. PROCEDURES FOR PROVIDING ACCESS TO THE REQUESTED PUBLIC RECORDS

1. Information to be Provided
The college shall provide, upon request of any person, the following information:
a. The principal office of the college, its regular office hours, and any additional hours established for inspecting and copying public records.
b. The title and address of the official custodian of the college's records and of any other custodian who is ordinarily available to act on requests made at the location where the information is displayed.
c. The fees, if any, charged for access to or copies of the college's records.
d. The procedures to be followed in requesting access to and obtaining copies of the college's records, including procedures for giving notice of a desire to inspect or obtain copies of records during hours established by the college, for business days when it does not maintain regular office hours.

2. Hours
Public records may be inspected during the regular office hours of the college.

3. Removing Original Copies
No person may remove original copies of public records from any office of the college.

4. Excising Materials
The college may excise or delete material which is not subject to disclosure and make available to the requester only that material which is subject to disclosure. If a public record is not subject to disclosure because it pertains to an identifiable individual, the college shall delete the identifying portions of the record and make available to the requester any remaining portions which are subject to disclosure. However, if 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 college will not disclose those portions of the record which pertain to such individual or individuals.

E. PROCEDURES FOR PROVIDING COPIES OF PUBLIC RECORDS

1. Right to Make Copies
Any person may make abstracts or obtain copies of any public record to which such person has access under the Open Records Act.

The college is not required to provide copies of radio or recording tapes or discs, video tapes or films, pictures, slides, graphics, illustrations or similar audio or visual items or devices, unless such items or devices were shown or played to a public meeting of the Board of Trustees, but the college is not required to provide such items or devices which are copyrighted by a person other than the college. The form for providing access but denying copies is at Appendix 4 (A-4).

The custodian will require a written request for copies and advance payment of the prescribed fees, using the form at Appendix 1 (A-1).

2. Control by Custodian
Copies of public records must be made while the records are in the possession, custody, and control of the custodian or another employee designated by the custodian and shall be made under the supervision of such custodian or employee.

3. Making Copies
When practical, copies shall be made in the place where the records are kept. If it is impractical to do so, the custodian may allow arrangements to be made for the use of other facilities. If it is necessary to use other facilities for copying, the cost thereof must be paid by the person desiring a copy of the records. In addition, the college will charge the same fee for the services rendered in supervising the copying as for furnishing copies under subsection F. 2. and may establish a reasonable schedule of times for making copies at other facilities.

F. FEES

1. Inspection Fee
a. When a request has been made for inspection of any public record which is readily available to the custodian, no inspection fee shall be charged.
b. In all other cases, a record inspection fee shall be charged at the hourly rate of the employee engaged in the record search, together with any other actual costs incurred in providing access to the records.

2. Copying Fee
a. A fee shall be charged for photocopying public records, such fee to cover the cost of labor, materials, and equipment.
b. For copying any public records which cannot be reproduced by the college's photocopying equipment, the requester shall be charged the actual cost to the college, including staff time, in reproducing such records.
c. The record custodian shall determine and assess a charge covering mailing and handling costs accrued in responding to requests through the mail service.

3. Prepayment of Fees
a. A custodian may demand prepayment of the fees herein whenever he believes this to be in the best interest of the college. The prepayment amount shall be an estimate of the inspection and/or copying charges accrued in fulfilling the record request. Any overage or underage in the prepayment shall be settled prior to inspection of the requested record or delivery of the requested copies.
b. Prepayment of inspection and/or copying fees shall be required whenever, in the best estimate of the record custodian, such fees are estimated to exceed $10.00.
c. Where prepayment has been demanded by the custodian, no record search shall be made until such prepayment has been received.

4. Payment
All fees charged shall be paid to the custodian of the records inspected and/or copied unless the requester has established an account, for purposes of billing and payment, with the college.

G. PUBLIC RECORDS NOT SUBJECT TO DISCLOSURE.

The following categories of public records are not required to be disclosed.

1. Records which are specifically prohibited from being disclosed or whose disclosure is restricted by federal or state law or rule of the Kansas Supreme Court. K.S.A. 45-221 (a) (1).

2. Records which are privileged under the rules of evidence. K.S.A. 45-221 (a) (2).

3. Medical, psychiatric, psychological or alcoholism or drug dependency treatment records which pertain to identifiable patients. K.S.A. 45-221 (a) (3).

4. Personnel records, performance ratings or individual identifiable records pertaining to employees or applicants for employment, except that this exception shall not apply to the names, positions, salaries and lengths of service of officers and employees once they are employees as such. K.S.A. 45-221 (a) (4).

5. Information which would reveal the identity of any undercover agent or any informant reporting a specific violation of law. K.S.A. 45-221 (a) (5).

6. Letters of reference or recommendation pertaining to the character or qualifications of an identifiable individual. K.S.A. 45-221 (a) (6).

7. Library, archive and museum materials contributed by private persons to the extent of any limitations imposed as a condition of contribution. K.S.A. 45-221 (a) (7).

8. Information which would reveal the identity of an individual who lawfully makes a donation to the college, if anonymity of the donor is a condition of the donation. K.S.A. 45-221 (a) (8).

9. Testing and examination materials, before the test or examination is given or if it is to be given again, or records of individual test or examination scores, other than records which show only passage or failure and not specific scores. K.S.A. 45-221 (a) (9).

10. Records involving administrative adjudication or civil litigation, complied in the process of detecting or investigating violations of civil law or administrative rules and regulations, if disclosure would interfere with a prospective administrative adjudication or civil litigation or reveal the identity of a confidential source or undercover agent. K.S.A. 45-221 (a) (11).

11. Records of emergency or security information or procedures of the college, or plans, drawings, specifications or related information for any building or facility which is used for purposes requiring security measures in or around the building or facility or which is used for the generation or transmission of power, water, fuels or communications, if disclosure would jeopardize security of the college, building of facility. K.S.A. 45-221 (a) (12).

12. The contents of appraisals or engineering or feasibility estimates or evaluation made by or for the college relative to the acquisition of property, prior to the award of formal contracts therefor. K.S.A. 45-221 (a) (13).

13. Correspondence between the college and a private individual, other than correspondence which is intended to give notice of an action, policy or determination relating to any regulatory, supervisory or enforcement responsibility of the college or which is widely distributed to the public by the college and is not specifically in response to communications from such a private individual. K.S.A. 45-221 (a) (14).

14. Records pertaining to employer-employee negotiations, if disclosure would reveal information discussed in a lawful executive session under K.S.A. 75-4319 and amendments thereto. K.S.A. 45-221 (a) (15).

15. Software programs for electronic data processing and documentation thereof, but the college shall maintain a register, open to the public, that describes:
a. the information which the college maintains on computer facilities; and
b. the form in which the information can be made available using existing computer programs. K.S.A. 45-221 (a) (16).

16. Plans, designs, drawings or specifications which are prepared by a person other than an employee of the college or records which are the property of a private person.

17. Notes, preliminary drafts, research data in the process of analysis, unfunded grant proposals, memoranda, recommendations or other records in which opinions are expressed or policies or actions are proposed, except that this exemption shall not apply when such records are publicly cited or identified in an open meeting or in an agenda of an open meeting. K.S.A. 45-221 (a) (20).

18. Records of the Board of Trustees, which records pertain to proposed legislation or amendments to proposed legislation, or which records pertain to research prepared for one or more members of the board, except that this exemption shall not apply when such records are:
a. publicly cited or identified in an open meeting or in an agenda of an open meeting; or
b. distributed to a majority of a quorum of any body which has authority to take action or make recommendations to the college with regard to the matters to which such records pertain. K.S.A. 45-221 (a) (21) and (22).

19. Library patron and circulation records which pertain to identifiable individuals. K.S.A. 45-221 (a) (23).

20. Records which are compiled for census or research purposes and which pertain to identifiable individuals. K.S.A. 45-221 (a) (24).

21. Records which represent and constitute bidding until the specifications are officially approved by the college. K.S.A. 45-221 (a) (27).

22. Specifications which represent and constitute the work product of an attorney. K.S.A. 45-221 (a) (27).

23. Sealed bids and related documents, until a bid is accepted or all bids rejected. K.S.A. 45-221 (a) (28).

24. Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy. K.S.A. 45-221 (a) (30).

25. The bidder's list of contractors who have requested bid proposals for construction projects from the college, until a bid is accepted or all bids rejected. K.S.A. 45-221 (a) (32).

26. Engineering and architectural estimates made by or for the college relative to public improvements. K.S.A. 45-221 (a) (33).

27. Financial information submitted by contractors in qualification statements to the college. K.S.A. 45-221 (a) (34).

28. Applications, financial statements, and other information submitted in connection with applications for student financial assistance where financial need is a consideration for the award. K.S.A. 45-221 (a) (17).

Notwithstanding the foregoing provisions, any public record which has been in existence more than 70 years shall be open for inspection by any person unless disclosure of the records is specifically prohibited or restricted by federal law, state statute, or rule of the Kansas Supreme Court, or by a policy adopted pursuant to K.S.A. 72-6214 and amendments thereto, which concern the right of privacy to student records.

These provisions shall not be construed to exempt from public disclosure statistical information not descriptive of any identifiable person. There is, however, no requirement to compile statistical information.

H. GENERAL GUIDELINES

1. The Open Records Act does not require the college to retain any public record nor does it authorize the destruction of a public record.

2. The college is not required in response to requests for information to compile information or statistics from raw data, nor answer questions about the content of public records.

218.01a Kansas Open Records Act Procedures (Form A-1)

218.01a Kansas Open Records Act Procedures (Form A-2)

218.01a Kansas Open Records Act Procedures (Form A-3)

218.01a Kansas Open Records Act Procedures (Form A-4)