Kansas to Review Open Record Exemptions - December 2, 2003 Vol.4, No.24

December 2, 2003 Vol.4, No.24:

Published: 12/02/2003

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Kansas to Review Open Record Exemptions

Kansas state legislators recently opened up the Kansas Open Records Act for review after finding more than 360 exemptions that will expire on July 1, 2005.

Kansas lawmakers previously examined the Open Records Act in 2000 following coordinated efforts by newspapers that tested access to government records across the state. The endeavor uncovered numerous restricted records that should have been open to the public. During the investigation reporters faced resistance including police background checks and in one case, even detention. In response to the reporters’ findings, legislators began a controversial review of the law that ended with a compromise that set the 2005 expiration date for exemptions.

The expiration date was aimed at the 45 exemptions outlined in the Act. However, because of the broad language in the 2000 revisions, it actually captured every exemption under the Act including more than 360 exemptions later found across multiple statutes. Professor Ted Frederickson from the University of Kansas school of journalism believes that the out-dated and unnecessary exemptions have enabled the government to hide wrongful behavior.

The new review will examine all of the exemptions and could prove to be a long and exhaustive process. The media has publicized its intention to fight any changes that would inhibit public access to records. State lawmakers and academics have expressed concern that 9/11 will be used as an excuse to restrict important information that should be public. Sen. Kay O’Connor (R-Olathe) supports review of the exemptions as long as the public right-to-know is protected saying “because the people pay for the government and elect the people to run the government, they have every right to know what is going on unless there is a compelling reason to keep some specific information confidential.” O’Connor has suggested forming special committees next session specifically to address the review.