LJWorld.com

Topeka — Getting a public record in Kansas can be like running a gantlet.

First, there are hundreds of exceptions to the law that requires state and local governments to keep records open to the public.

And even if it is determined the record should be made available, there is a wide range of fees and charges to get a copy of that record, according to a survey conducted recently by the Attorney General's Office.

That makes it difficult for Kansans to get public information that they need for business, political or personal reasons -- and that state law generally intends to be open.

Atty. Gen. Phill Kline wants to cut through those difficulties.

"We intend to put forth a full-court press to try to provide greater transparency in government," he said.

The attorney general said his office would push for easier access to public documents and possibly more uniform charges for copies of records. The effort is needed now, Kline said, because legislation passed in 2000 said all exceptions to public disclosure would expire July 1, 2005. That means the Legislature needs to act during the next session if it wants to keep any exceptions to the law in place.

"The gun is to the heads of those who want to close the records because the exemptions go away," Kline said.

The recent survey found little uniformity in pricing for copies or research across the state.

Some state agencies are charging for making copies, computer time, reviewing files, administrative time, staff time, postage, faxing, searching records, shipping and electronic mailing. And the costs vary from agency to agency.

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For example, the Fire Marshal's Office had been charging $1 per page for copying, while a copy at the Kansas Board of Regents costs 5 cents per page, according to the survey. The Fire Marshal's Office has recently reduced its charges.

Some agencies charge different prices depending on whether the record is on a standard 8 1/2-by-11 sheet of paper or an 8 1/2-by-14 sheet.

The 1984 Kansas Open Records Act makes public records open for inspection by anyone.

The law states it "shall be liberally construed" to ensure that public business is conducted in the open, but nearly 50 exceptions have been added through the years. In addition, there are more than 300 provisions in other state laws that keep information secret.

To prepare for the review of all the laws dealing with public information, Kline's office is conducting a survey of state agencies on how much they charge for records. The law allows a governmental body to recover the cost of producing a record.

Some of the agencies' practices are "very good," Kline said, but "some are problematic."

"Many of the agencies would say the original data input and maintenance of the data was part of their costs. Well, no, it's part of their job," he said. Some agencies are reducing their fees after consulting with his office.

Earl Glynn, of Overland Park, a Republican Party volunteer, often uses the Open Records Act to analyze campaign finance and state business records. He said some state agencies put up roadblocks.

"Kansas is extremely difficult and extremely expensive. Missouri has gone online with nearly everything, and it's free," he said.

Ted Frederickson, a journalism professor at Kansas University and expert on open government issues, said some of the fees charged by Kansas agencies were unreasonable.

"In my opinion, it really ought not to include excessive costs built in search time," Frederickson said. "It seems to me, one of the jobs of public service is to serve the public. If it costs a nickel to make that copy, that's really what they ought to charge."