How to File a Public Records Request in Gardner, Kansas

What Is the Kansas Open Records Act (KORA)?

The Kansas Open Records Act (KORA), K.S.A. 45-215 et seq., declares it the public policy of Kansas that all public records shall be open for inspection by any person, and that the Act shall be liberally construed to promote that policy. KORA applies to every public agency in Kansas, including cities, counties, school districts, and entities substantially funded by public money.

Under KORA, a 'public record' is broadly defined as any recorded information — regardless of form or characteristics — that is made, maintained, or kept by a public agency. This includes documents, emails, photographs, electronic records, meeting minutes, contracts, permits, engineering reports, budgets, and more. Emails sent by city employees using personal accounts in connection with their official duties may also qualify as public records.

KORA does recognize certain categories of exempt records. Common exemptions include personnel files, medical and psychiatric records, attorney work product, criminal investigative records, sealed bids, and records whose disclosure would constitute a clearly unwarranted invasion of personal privacy, as listed in K.S.A. 45-221. Importantly, the burden of proving that an exemption applies rests entirely on the agency withholding the records — not on the person requesting them.

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 Gardner

How to Submit Your Request

The Gardner City Clerk's Office coordinates all public records requests and serves as the city's Freedom of Information Officer under KORA. You can submit a request by visiting the city's records request page at gardnerkansas.gov, by emailing the City Clerk directly at [email protected], by mailing a written request to City Hall at 120 E. Main Street, Gardner, KS 66030, or by visiting City Hall in person during regular business hours, Monday through Friday from 8:00 AM to 5:00 PM. While no specific form is required, the City Clerk's office does offer a form on the city website to help structure your request. A written request that clearly identifies the records you seek is strongly recommended to start the statutory three-business-day response clock.

What to Include in Your Request

• Your full name and contact information (mailing address, phone number, or email)
• A specific and detailed description of the records you are requesting
• The approximate date range or time period covered by the records
• The format in which you prefer to receive the records (electronic or paper copies)
• A statement of your maximum fee threshold, or a request for a fee waiver if applicable
• A citation to KORA (K.S.A. 45-218) to clarify the legal basis for your request
• Preferred method of delivery or notification when records are ready

Response Deadlines and What to Expect

Under K.S.A. 45-218(d), every public agency in Kansas — including the City of Gardner — must act upon a 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. Kansas law does not distinguish between residents and non-residents; the same three-business-day standard applies to everyone.

It is important to understand that acting upon a request within three business days does not always mean the records will be fully produced within that window. The agency must at minimum provide a response — either delivering the records, granting access, or giving you a detailed explanation of the cause for further delay, including the place and earliest time and date the records will be available for inspection. If access is denied, the agency must, upon request, provide a written statement citing the specific provision of law under which access is denied.

KORA does not set a maximum outer deadline for producing the records themselves once a response has been given and a timeline communicated. However, prolonged or unexplained delays may constitute a violation that can be reported to the Kansas Attorney General or addressed in district court.

Regarding fees, agencies may charge reasonable fees not exceeding actual cost, including staff time, and may require advance payment. Under K.S.A. 45-219, a per-page copying fee of $0.25 or less for paper copies from executive branch state agencies is presumed reasonable. Contact the Gardner City Clerk directly for the city's current fee schedule.

What to Do If Your Request Is Denied or Delayed

A denial or prolonged delay in response to a KORA request is not the end of the road. Kansas law provides a clear escalation path, and in some cases, the costs of enforcing your rights can be recovered if the agency acted in bad faith.

First, understand why the request was denied. Under K.S.A. 45-218(d), you have the right to request a written statement from the agency citing the specific statute under which access was denied. This is a critical first step — vague or conclusory denials are legally insufficient, and demanding this written explanation often prompts agencies to reconsider an unjustified refusal.

If you believe the denial was improper, you can file a written complaint with the Kansas Attorney General's Office at (785) 296-2215, or online at ag.ks.gov. Be aware that the AG's policy is to refer complaints against local units of government — like the City of Gardner — to the Johnson County District Attorney's Office, which will then investigate. These government attorneys act in the public interest, not as your personal attorney.

Alternately, you can file a civil enforcement action directly in Johnson County District Court under K.S.A. 45-222, seeking an injunction, mandamus, or other appropriate order. Under K.S.A. 45-222(c), the court shall award attorney fees and costs to a prevailing plaintiff if it finds that the agency's denial was not in good faith and without a reasonable basis in fact or law. Agencies that knowingly violate KORA may also face civil penalties of up to $500 per violation under K.S.A. 45-223.

If your dispute is only about the reasonableness of fees charged by an executive branch state agency, you may appeal to the Kansas Secretary of Administration under K.S.A. 45-219(c)(5). For fee disputes with a city like Gardner, raise the issue directly with the City Clerk or contact the Johnson County District Attorney.

Steps to Appeal

1. Step 1: Request a written denial — Ask the Gardner City Clerk for a written statement citing the specific provision of law under which access was denied, as required by K.S.A. 45-218(d).
2. Step 2: Contact the City Clerk directly — Follow up by phone at (913) 856-0945 or email at [email protected] to resolve the issue informally and discuss whether the denial can be reconsidered.
3. Step 3: File a complaint with the Johnson County District Attorney — Because Gardner is a local government unit, the Kansas AG typically refers KORA complaints against cities to the county/district attorney. File a written complaint explaining your request, the response received, and why you believe the denial was improper.
4. Step 4: File a complaint with the Kansas Attorney General — You may also file directly with the AG's Open Government division at (785) 296-2215 or ag.ks.gov. The AG can investigate, subpoena records, and file enforcement actions on behalf of the public.
5. Step 5: Consult a private attorney — If you want to take direct legal action in your own name, consult a private attorney experienced in Kansas open records law about filing a civil action in Johnson County District Court under K.S.A. 45-222.
6. Step 6: File a civil enforcement action in district court — Under K.S.A. 45-222, any person may petition Johnson County District Court for an injunction or mandamus order compelling access. The court reviews the matter de novo and may inspect the withheld records in camera.
7. Step 7: Seek attorney fees — If the court finds the City of Gardner's denial was not in good faith and without a reasonable basis in fact or law, it shall award you costs and a reasonable attorney fee under K.S.A. 45-222(c). This is not automatic — the bad-faith standard must be met.

Types of Records You Can Request from Gardner, Kansas

The City of Gardner manages a wide range of public records as a growing municipal government serving more than 25,000 residents in southern Johnson County. The following are examples of records commonly requested under KORA.

• City Council and governing body meeting minutes and agendas
• City ordinances, resolutions, and municipal code amendments
• Contracts and agreements between the city and private vendors or contractors
• Building permits, inspection reports, and code enforcement records
• Zoning applications, planning commission records, and development agreements
• City budget documents, financial audits, and expenditure records
• Police department incident reports and public safety records
• City employee salary and compensation records
• Records related to utility infrastructure projects (water, sewer, electric)
• Correspondence and emails of city officials related to official city business
• Traffic studies, engineering reports, and infrastructure improvement plans
• Tax increment financing (TIF) and economic development incentive records
• City grant applications and federal funding documents
• Annexation petitions and boundary change records
• Records related to parks, recreation, and public facilities management

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

Tips for Effective Public Records Requests in Gardner