Wednesday, March 26, 2025

Fwd: JEDO / KORA



---------- Forwarded message ---------
From: Henry McClure <mcre13@gmail.com>
Date: Wed, Mar 26, 2025 at 8:05 AM
Subject: JEDO / KORA
To: Karen A. Hiller <khiller@topeka.org>, Kevin Cook <kevin.cook@snco.us>
Cc: David Banks <dbanks8487@yahoo.com>, Governing Body <governingbody@topeka.org>



Under the Kansas Open Records Act (KORA), a public agency must respond to a record request as soon as possible, but no later than the end of the third business day following the date the request was received.



--
Henry McClure 
Time kills deals
785-383-9994

www.henrymcclure.live


--
Henry McClure 
Time kills deals
785-383-9994

www.henrymcclure.live
on No comments:

[emporiagazette.com] Morgan Advanced Materials to shutter Thermal Ceramics Emporia plant by July

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kora

The Kansas Open Records Act (KORA), codified under K.S.A. 45-215 et seq., establishes a presumption that public records are open for inspection unless specifically exempted. However, there are several exceptions where records can be withheld, either mandatorily or at the discretion of the public agency. These exceptions balance the public's right to know with privacy, safety, and administrative concerns. Below is an explanation of the key exceptions:
Mandatory Exceptions
Certain records must be closed to the public under KORA. These are outlined primarily in K.S.A. 45-221(a) and other state or federal laws. Examples include:
  1. Personnel Records: Information about an individual employee's performance, discipline, or personal data (like home addresses or Social Security numbers) is exempt, except for the employee's name, position, salary, and length of service.
  2. Medical and Treatment Records: Records containing private health information, such as those held by public hospitals or health departments, are protected.
  3. Criminal Investigation Records: Ongoing investigation files or records that could jeopardize law enforcement efforts are closed, though some basic incident information (e.g., date, time, and nature of a crime) may still be released.
  4. Attorney-Client Privileged Communications: Legal advice or documents prepared for litigation between a public agency and its attorneys are exempt.
  5. Records Protected by Federal Law: Any records that must remain confidential under federal statutes (e.g., Social Security numbers under the Privacy Act) are not subject to disclosure.
Discretionary Exceptions
KORA also allows agencies to withhold certain records at their discretion, though they are not required to do so. These are also listed in K.S.A. 45-221(a) and include:
  1. Preliminary Working Papers and Drafts: Notes, memos, or drafts used by an agency before finalizing a decision or policy can be withheld to protect the deliberative process.
  2. Records of Private Individuals Given in Confidence: If someone provides information to an agency with an expectation of confidentiality (e.g., whistleblower tips), the agency may choose to keep it closed.
  3. Trade Secrets and Proprietary Information: Business data submitted to a public agency (e.g., bids or economic development plans) can be withheld if its release would harm the business or the public interest.
  4. Security-Related Records: Information about security plans, procedures, or vulnerabilities (e.g., for public buildings or utilities) can be kept confidential if disclosure would pose a risk.
  5. Personal Privacy Interests: Records that, if released, would constitute a "clearly unwarranted invasion of personal privacy" may be withheld, such as detailed personal financial information unrelated to public employment.
Other Considerations
  • Closed by Other Statutes: Beyond KORA's specific exemptions, other Kansas laws may close certain records. For example, juvenile court records or adoption records are sealed under separate statutes.
  • Partial Redaction: If only part of a record is exempt, the agency must redact the exempt portion and provide the rest (K.S.A. 45-221(d)).
  • Public Interest Override: Even if a record falls under a discretionary exception, an agency might still release it if doing so serves the public interest, though this is not required.
Practical Application
If a requester is denied access, the agency must cite the specific legal basis for the denial (K.S.A. 45-218(e)). Denials can be challenged in court, where a judge will determine if the exception applies. Notably, KORA's exceptions are interpreted narrowly—courts favor disclosure unless the exemption clearly fits.
Let me know if you'd like a deeper dive into any specific exception or how they've been applied in practice!


--
Henry McClure 
Time kills deals
785-383-9994

www.henrymcclure.live
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Tuesday, March 25, 2025

https://cre.app.link/tOEowl5W1Rb

Henry McClure  
785.383.9994
sent from mobile 📱
time kills deals
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RE: Public comment

Henry,

 

This email confirms you are signed up to speak under General Public Comment at the April 1, 2025 Governing Body meeting. The meeting begins at 6:00 p.m. in the City Council Chambers located at 814 SE 8th Street, 2nd Floor, Topeka KS.  

 

You will have 4 minutes to address the Governing Body for each item.

 

Thank you!

 

Megan Brunson

Administrative Officer, Special Events

mjbrunson@topeka.org

785-368-3940

 

"The preceding email message (including any attachments) contains information that may be confidential, protected by the attorney/client or other applicable privileges or that may constitute non-public information. This message is intended to be conveyed only to the designated recipient(s). If you are not listed as a recipient of this message, please notify the sender immediately by replying to this message and then delete it from your system. Use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful."

 

 

Megan Brunson

Administrative Officer, Special Events

mjbrunson@topeka.org

785-368-3940

 

"The preceding email message (including any attachments) contains information that may be confidential, protected by the attorney/client or other applicable privileges or that may constitute non-public information. This message is intended to be conveyed only to the designated recipient(s). If you are not listed as a recipient of this message, please notify the sender immediately by replying to this message and then delete it from your system. Use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful."

 

From: Henry McClure <mcre13@gmail.com>
Sent: Tuesday, March 25, 2025 12:47 PM
To: Megan J. Brunson <mjbrunson@topeka.org>
Cc: City Clerk <cclerk@topeka.org>; MCRE Media <mcre1.snco@blogger.com>
Subject: Re: Public comment

 

Notice: -----This message was sent by an external sender-----

 

Yes 

 

Henry McClure  
785.383.9994
sent from mobile 📱
time kills deals

 

On Tue, Mar 25, 2025, 12:44 PM Megan J. Brunson <mjbrunson@topeka.org> wrote:

Hi Henry,

 

Our next Council Meeting will be April 1, 2025 at 6:00pm. Would you like to sign up for that evening?

 

Thank you!

 

Megan Brunson

Administrative Officer, Special Events

mjbrunson@topeka.org

785-368-3940

 

"The preceding email message (including any attachments) contains information that may be confidential, protected by the attorney/client or other applicable privileges or that may constitute non-public information. This message is intended to be conveyed only to the designated recipient(s). If you are not listed as a recipient of this message, please notify the sender immediately by replying to this message and then delete it from your system. Use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful."

 

From: Henry McClure <mcre13@gmail.com>
Sent: Tuesday, March 25, 2025 12:37 PM
To: City Clerk <cclerk@topeka.org>; MCRE Media <mcre1.snco@blogger.com>
Subject: Public comment

 

Notice: -----This message was sent by an external sender-----

 

Please sign me up for public comment tonight 

 

End of meeting. 

 

Henry McClure  
785.383.9994
sent from mobile 📱
time kills deals

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