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Kansas Statutes Annotated

K.S.A. § 45-216 (2026)

Public policy that records be open

✓ current as of May 2026
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45-216. Public policy that records be open. (a) It is declared to be the public policy of the state that public records shall be open for inspection by any person unless otherwise provided by this act, and this act shall be liberally construed and applied to promote such policy.

(b) Nothing in this act shall be construed to require the retention of a public record nor to authorize the discard of a public record.

History: L. 1984, ch. 187, § 2; February 9.

Notes of Decisions
Cited in 29 cases (5 in the last 5 years), 1985–2023 · leading case: Baker v. Hayden, 490 P.3d 1164 (Kan. 2021).
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Baker v. Hayden, 490 P.3d 1164 (Kan. 2021). · cites it 5× “45-222(a). And our Legislature has declared KORA's provisions "shall be liberally construed and applied to promote [its] policy.”
Cypress Media, Inc. v. City of Overland Park, 997 P.2d 681 (Kan. 2000). · cites it 2× “Are narrative statements in attorney billing statements per se exempt from production under the attorney-client privilege or work-product doctrine exceptions to the Kansas Open Records ActP *416 Although this appeal involves exceptions to the KORA, it is of prime importance to…”
Wichita Eagle & Beacon Publ'g Co. v. Simmons, 50 P.3d 66 (Kan. 2002). · cites it 2× “K.S.A. 45-216. ‘Public record’ is defined to mean ‘any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency.”
State, Dep't of Soc. & Rehab. Servs. v. Pub. Emp. Relations Bd. of the Kansas Dep't of Human Resources, 815 P.2d 66 (Kan. 1991). · cites it 2× “K.S.A. 45-216 and K.S.A. 45-218(e). KORA designates 35 categories of records that public agencies “shall not be required to disclose.”
Telegram Publ'g Co. v. Kansas Dep't of Transp., 69 P.3d 578 (Kan. 2003). · cites it 2× “2d 681 (2000): “[I]t is of prime importance to focus on the overriding public policy of [KORA], which is set forth in K.S.A. 45-216(a) as follows: It is declared to be the public policy of the state that public records shall be open for inspection by any person unless otherwise…”
Data Tree, LLC v. Meek, 109 P.3d 1226 (Kan. 2005). · cites it 2× “It is the intent of the legislature pursuant to K.S.A. 45-216 that records be open for inspection by any person unless otherwise provided by the provisions of the Kansas Open Records Act (KORA), and that the provisions of said act shall be liberally construed and applied to…”
Baker v. Hayden, 419 P.3d 31 (Kan. Ct. App. 2018). · cites it 3× “45-218(a) provides: "All public records shall be open for inspection by any person, except as otherwise provided by this act." The right to inspect also generally includes a right to copy.”
Kansas Racing Mgmt., Inc. v. Kansas Racing Comm'n, 770 P.2d 423 (Kan. 1989). “The statute clearly provides that the information contained in the background investigations may be disclosed by the Commission at any hearing held pursuant to the Act, and provides penalties only for disclosure for any other purpose. We acknowledge that the KORA contains the…”
In Re the Appeal of the City of Wichita, 86 P.3d 513 (Kan. 2004). “’ K.S.A. 45-216(a). However, the act acknowledges diat certain records are not required to be open.”
Hunter Health Clinic v. Wichita State Univ., 362 P.3d 10 (Kan. Ct. App. 2015). · cites it 2× “Hunter briefs the public policy implications of our ruling. But the legislature has declared it to be “the public policy of the state that public records shall be open for inspection by any person unless otherwise provided by this act.”
R.P. v. First Student, Inc., 515 P.3d 283 (Kan. Ct. App. 2022). · cites it 2× “K.S.A. 45-216(a); K.S.A. 45-218(a). The Legislature also specified that KORA "shall be liberally construed and applied to promote" this stated public policy.”
Bell v. Topeka, Kansas, 279 F. App'x 689 (10th Cir. 2008). “” Kan. Stat. Ann. § 45-216 (a). Section 45-221(a)(10)(C) lists one of those circumstances in which a agency need not open its records for public inspection: (a) Except to the extent disclosure is otherwise required by law, a public agency shall not be required to disclose: (10)…”
Show all 29 citing cases →
— K.S.A. § 45-216(a) — 23 cases
Baker v. Hayden, 490 P.3d 1164 (Kan. 2021). “45-222(a). And our Legislature has declared KORA's provisions "shall be liberally construed and applied to promote [its] policy.”
Cypress Media, Inc. v. City of Overland Park, 997 P.2d 681 (Kan. 2000). “Are narrative statements in attorney billing statements per se exempt from production under the attorney-client privilege or work-product doctrine exceptions to the Kansas Open Records ActP *416 Although this appeal involves exceptions to the KORA, it is of prime importance to…”
Telegram Publ'g Co. v. Kansas Dep't of Transp., 69 P.3d 578 (Kan. 2003). “2d 681 (2000): “[I]t is of prime importance to focus on the overriding public policy of [KORA], which is set forth in K.S.A. 45-216(a) as follows: It is declared to be the public policy of the state that public records shall be open for inspection by any person unless otherwise…”
Baker v. Hayden, 419 P.3d 31 (Kan. Ct. App. 2018). “45-218(a) provides: "All public records shall be open for inspection by any person, except as otherwise provided by this act." The right to inspect also generally includes a right to copy.”
In Re the Appeal of the City of Wichita, 86 P.3d 513 (Kan. 2004). “’ K.S.A. 45-216(a). However, the act acknowledges diat certain records are not required to be open.”
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