Yes, this denial is legally valid under Kansas law. The exemptions cited — KSA 45-221(a)(26) and (30) — are real and correctly quoted from the Kansas Open Records Act (KORA).

 

From: Bonnie Williams <bowilliams@topeka.org>
Sent: Thursday, May 14, 2026 4:24 PM
To: mcre13@gmail.com <mcre13@gmail.com>
Cc: City Clerk <cclerk@Topeka.org>; Mary E. Kuckelman Spinelli <mespinelli@topeka.org>
Subject: FW: McClure KORA 051126

Henry:

This email is in response to your request for records below. Please be advised that the request is denied pursuant to KSA 45-221(a)(26) and (30).  Those exemptions are as follows:

 

(26) Records of a utility or other public service pertaining to individually identifiable residential customers of the utility or service.

(30) Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.

 

Thank you.

 

Bonnie Williams

Services and Operations Manager

City of Topeka

Legal Department

215 SE 7^th Street, Room 310

Topeka, KS  66603

(785) 368-3883

Yes, this denial is legally valid under Kansas law.

The exemptions cited — KSA 45-221(a)(26) and (30) — are real and correctly quoted from the Kansas Open Records Act (KORA).

Exact Statutory Language

• (26): Records of a utility or other public service pertaining to individually identifiable residential customers of the utility or service. (This protects things like individual water bills, usage history, shut-off notices, or account details tied to a specific residential address/person.)
• (30): Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.

These are standard discretionary exemptions. Public agencies (like the City of Topeka) are not required to disclose records that fall under them. They must still separate out any non-exempt portions if possible, but purely personal customer/utility records are typically fully protected.

Context for Your Situation

From public posts and context, it looks like your records request was likely about a specific resident’s water bill payment history or similar utility account details tied to a property in District 3. That directly triggers exemption (26). The city is on solid legal ground denying it.

What You Can Do Next

• Narrow the request: Ask for aggregated/non-identifiable data (e.g., total delinquent accounts in a zip code, general policies on shut-offs, or summary statistics). Those are often releasable.
• Appeal: You can challenge the denial in district court under K.S.A. 45-222, but courts generally uphold these privacy protections for residential utility records.
• Public alternatives: Property tax records, code enforcement complaints, or council meeting minutes are usually more accessible.

Bottom line: The email is a standard, proper KORA denial response. It’s not stonewalling — it’s following the law on personal privacy/utility customer data.