How to File a Public Records Request in Andover, Kansas

What Is the Kansas Open Records Act (KORA)?

The Kansas Open Records Act (KORA), codified at K.S.A. 45-215 et seq., declares it the public policy of the state that “public records shall be open for inspection by any person unless otherwise provided.” Enacted in 1984, KORA applies to all public agencies in Kansas, including cities, counties, school districts, state agencies, and any entity receiving public funds. The City of Andover is fully subject to its requirements.

Under KORA, a “public record” is broadly defined as any recorded information — regardless of form or medium — made, maintained, or kept by a public agency or its officers and employees in connection with their official duties. This includes meeting minutes, ordinances, contracts, budgets, building permits, zoning records, emails, and incident reports, among many others.

Key exemptions include personnel records of public employees, medical treatment records, records protected by attorney-client privilege, criminal investigation records, and records closed by court orders or rules. A full list of more than 50 exemption categories appears at K.S.A. 45-221. Critically, the burden of proving that any exemption applies rests on the agency — not on the person making the request.

Read the full text of the Kansas Open Records Act (KORA) (Kansas Statutes Annotated (K.S.A.) §§ 45-215 through 45-253)

How to File a Public Records Request with the City of Andover

How to Submit Your Request

The City of Andover requires that all KORA requests be submitted using the official Open Record Request Form, which must be completed in full before the City will begin processing your request. The completed form can be submitted in person at City Hall (1609 E Central Ave), by mail to the same address, or by email to the City Clerk. City Hall is open Monday through Friday from 8:00 AM to 4:30 PM. If a fee is required for your request, a portion or all of the estimated fee will be collected prior to records research. Once your request is received, the City has three business days to notify you of when and how the records will be made available for pickup or review. For records maintained by the Police Department, contact the Andover Police Department directly at 909 N. Andover Road.

Download Required Form

What to Include in Your Request

• Your full legal name and contact information (address, phone, email)
• A specific description of the records you are seeking, including record title, date range, and relevant department
• The preferred format in which you wish to receive the records (paper copies, electronic files, inspection only)
• Your agreement that the records will not be used for commercial solicitation purposes (required by K.S.A. 45-220)
• Any date range or subject matter that will help narrow the search
• A stated fee threshold above which you wish to be notified before work proceeds
• Your signature on the official Open Record Request Form

Response Deadlines and What to Expect

Under K.S.A. 45-218(d), the City of Andover must act upon your public records request as soon as possible, but no later than the end of the third business day following the date the request is received. Weekends and holidays do not count toward this deadline. KORA applies the same three-business-day standard to all requesters regardless of residency — Kansas does not create different timelines for residents and non-residents.

Importantly, “acting upon” your request within three business days does not necessarily mean the records will be delivered within that window. The City may notify you of the earliest date and time the records will be available and provide a detailed explanation of any delay. Common reasons for extensions include voluminous records, complicated request parameters, or legal review requirements.

If your request is denied in whole or in part, you may request a written statement from the City Clerk that cites the specific statutory provision justifying the denial. That written statement must be furnished within three business days of your request for it.

Fees are governed by the Andover City Code (§ 1-503). Records that are readily available carry no inspection fee. Other searches are billed at $20.00 per hour per employee for searches up to two hours; searches exceeding two hours are billed at 125% of the employee's adjusted hourly wage. The City may require prepayment before research begins.

What to Do If Your Request Is Denied or Delayed

Receiving a denial or encountering an unreasonable delay is frustrating, but KORA gives you clear tools to push back. Here is what to do.

If your request is denied, you have the right to ask for a written statement explaining the specific legal basis for the denial, citing the statute under which access is withheld. The City must provide that statement within three business days of your request. Review the cited provision carefully — many denials cite discretionary exemptions that allow withholding but do not require it, which means the agency has flexibility and may release records upon follow-up.

If you believe the denial is improper, you have two main paths. First, you may file a complaint with the Kansas Attorney General’s Office, a county attorney, or the Butler County District Attorney. The Attorney General’s office accepts formal KORA complaints at ag.ks.gov and can investigate and compel compliance. Note that government attorneys represent the public interest, not your individual interests, so outcomes are not guaranteed.

Second, and often more effective, you may file a civil lawsuit in Butler County District Court under K.S.A. 45-222. In any court action, the burden of proof falls on the City — not you — to justify the withholding. If the court finds the denial was not made in good faith and without a reasonable basis in fact or law, it shall award you costs and reasonable attorney’s fees. Agencies that knowingly violate KORA face civil penalties of up to $500 per violation under K.S.A. 45-223.

For fee disputes specifically, executive branch agency fees may be appealed to the Secretary of Administration under K.S.A. 45-219(c)(5). For city-level fee disputes, raise the issue in writing with the City Clerk or escalate to the Attorney General.

Steps to Appeal

1. Request a written denial statement citing the specific statute: the City Clerk must provide it within three business days under K.S.A. 45-218(d).
2. Review the cited exemption — if it is discretionary (not mandatory), contact the City Clerk to request voluntary disclosure and explain your purpose.
3. File a formal written complaint with the Kansas Attorney General’s Office at ag.ks.gov/divisions/administration/open-government, or contact the Butler County District Attorney’s Office.
4. Contact your City Council representative or the City Administrator to escalate the issue through the city’s internal chain of command.
5. Send a follow-up written demand to the City Clerk citing K.S.A. 45-222 and stating your intent to seek judicial enforcement if records are not provided.
6. File a civil action in Butler County District Court under K.S.A. 45-222 to compel disclosure by injunction, mandamus, or other appropriate order.
7. If the court rules in your favor and finds the denial was not in good faith under K.S.A. 45-222(d), the court shall award you costs and reasonable attorney’s fees; civil penalties of up to $500 per violation may also be assessed under K.S.A. 45-223.

Types of Records You Can Request from Andover, Kansas

The City of Andover generates and maintains a wide range of public records in the course of municipal operations. Under KORA, all of the following are presumptively open for public inspection unless a specific exemption applies.

• City Council meeting minutes, agendas, and supporting packet materials
• City ordinances, resolutions, and the Andover Municipal Code
• City budget documents, financial statements, and annual audit reports
• Contracts and vendor agreements for city services, construction, and infrastructure
• Building permits, certificates of occupancy, and inspection reports
• Zoning and planning documents, subdivision plats, and variance applications
• City employee salary and compensation records (non-exempt portions)
• Police incident and accident reports (non-investigative)
• Code enforcement complaints, violations, and hearing records
• City-owned property records and real estate transactions
• Parks, recreation, and capital improvement project records
• Water, sewer, and utility rate schedules and service agreements
• City grant applications and awards
• Emergency management plans and after-action reports

If you’re unsure whether a specific document is a public record, file the request anyway. The burden is on the City of Andover to justify withholding — not on you to pre-determine what’s available.

Tips for Effective Public Records Requests in Andover