45-217. Definitions.
45-217
45-217. Definitions.As used in the open records act, unless the context otherwise requires:
(a) "Business day" means any day other than a Saturday, Sunday or daydesignated as a holiday by the congress of the United States, by thelegislature or governor of this state or by the respective politicalsubdivision of this state.
(b) "Clearly unwarranted invasion of personal privacy" means revealinginformation that would be highly offensive to a reasonable person, includinginformation that may pose a risk to a person or property and is not oflegitimate concern to the public.
(c) "Criminal investigation records" means records of an investigatoryagency or criminal justice agency as defined by K.S.A. 22-4701 andamendments thereto, compiled in the process of preventing, detecting orinvestigating violations of criminal law, but does not include policeblotter entries, court records, rosters of inmates of jails or othercorrectional or detention facilities or records pertaining to violations ofany traffic law other than vehicular homicide as defined by K.S.A. 21-3405and amendments thereto.
(d) "Custodian" means the official custodian or any persondesignated bythe official custodian to carry out the duties of custodian of this act.
(e) "Official custodian" means any officer or employee of apublicagency who is responsible for the maintenance of public records, regardlessof whether such records are in the officer's or employee's actual personalcustody and control.
(f) (1) "Public agency" means the state or any politicalor taxingsubdivision of the state or any office, officer, agency or instrumentalitythereof, or any other entity receiving or expending and supported in wholeor in part by the public funds appropriated by the state or by public fundsof any political or taxing subdivision of the state.
(2) "Public agency" shall not include:
(A) Any entity solely by reason of payment from public funds forproperty, goods or services of such entity; (B) any municipal judge, judgeof the district court, judge of the court of appeals or justice of thesupreme court; or (C) any officer or employee of the state or political ortaxing subdivision of the state if the state or political or taxingsubdivision does not provide the officer or employee with an office whichis open to the public at least 35 hours a week.
(f) (1) [(g) (1)] "Public record" means any recorded information,regardless ofform or characteristics, which is made, maintained or kept by or is in thepossession of any public agency including, but not limited to, an agreementin settlement of litigation involving the Kansas public employees retirementsystem and the investment of moneys of the fund.
(2) "Public record" shall not include records which are owned by aprivate 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 legislature orof the governing body of any political or taxing subdivision of the state.
(3) "Public record" shall not include records of employers related to theemployer's individually identifiable contributions made on behalf of employeesfor workers compensation, social security, unemploymentinsurance or retirement. The provisions of this subsection shall not apply torecords of employers of lump-sum payments for contributions as described inthis subsection paid for any group, division or section of an agency.
(h) "Undercover agent" means an employee of a public agencyresponsiblefor criminal law enforcement who is engaged in the detection orinvestigation of violations of criminal law in a capacity where suchemployee's identity or employment by the public agency is secret.
History: L. 1984, ch. 187, § 3; L. 1992, ch. 321, § 22;L. 1994, ch. 293, § 4;L. 2005, ch. 126, § 7; July 1.