INTRODUCTION

Open Records Requests

The Kansas Open Records Act grants you the right to inspect and obtain copies of public records created or maintained by public agencies in Kansas. The Open Records Act, K.S.A. 45-215 et seq., as amended, declares that it is the public policy of Kansas that “public records shall be open for inspection by any person.” Public records are defined as “any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency. Colby Community College is classified as a public agency for the purposes of this Act.

Public records maintained by Colby Community College:

• Regulations
• Policies
• Minutes/records of open meetings
• Salaries of public officials
• Agency budget documents
  
  

Your Rights
You have the right to request assistance from Colby Community College’s Freedom of Information Officer at any time.

You have the right:

• To inspect and obtain copies of public records that are not exempted from disclosure by a specific law.
• To obtain a copy of the agency's policies and procedures for access to records.
• To receive a written response to your request within three business days. The response may inform you that it will take additional time to produce the records.
• To file a complaint with the Kansas Attorney General if you feel your request for public records is wrongfully denied.

Your Responsibilities

• You must request records - written, photographic, or computerized. The Kansas Open Records Act does not require an agency to answer questions, prepare reports, or compile information.
• An agency may require you to put your request in writing, and you must provide proof of your identity, if requested.
• Reasonable fees, not exceeding actual cost, may be charged for access to records, copies of records, and staff time for processing your request.

Requesting a Record
Colby Community College’s Director of Public Relations is the designated official Freedom of Information Officer.

CCC prefers that requests to access public records be submitted with the form on the institution's website at www.colbycc.edu/open-records. Please include the following information in your request:

• A contact person
• Organization (if requesting on its behalf)
• Mailing address
• Email address
• Daytime telephone number
• A specific description of the requested records to expedite the process

 

Requests can also be sent to:

Freedom of Information Officer
Colby Community College
1255 S. Range Ave.
Colby, Kansas 67701

publicinfo@colbyscc.edu

* Regular office hours on all business days, excluding Saturday and Sunday, are from 8:00 am – 5:00 p.m. The College is closed on official holidays and seasonal breaks.

 

Delayed and Declined Requests
All effort is made to fully respond to your records request as soon as it is received; however, a determinative response may be delayed if: 

• Clarification or refined scope is required.
• Legal issues must be resolved before requested records can be produced.
• The records are archived or stored off-site.
• The scope or large volume of requested records requires more time to assess record existence, availability, and any fees incurred to produce.

If further delay is required, the College will provide its explanation and the earliest date by which it expects to provide a determinative response.

A request may be declined in whole or in part if:

• The requested records do not exist.
• The requested records are exempt from disclosure by law.
• The request is insufficiently clear in scope.

Permission to access public records may also be declined if the request "places an unreasonable burden in producing public records or the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency." See K.S.A. 45-218(e).   

Exceptions
The Kansas Open Records Act recognizes that certain records contain private or privileged information, and the agency is not required to provide access to those records. The Act lists several exceptions, including but not limited to:

• Records closed by the rules of evidence
• Personnel records of public employees
• Medical treatment records
• Criminal investigation records
• Notes, preliminary drafts, or records in which opinions are expressed or actions are proposed
• Records for which disclosure would constitute a clearly unwarranted invasion of personal privacy
• Proprietary business information
• Records protected by attorney/client privilege
• For the complete list, see K.S.A. §45-221(a).

Records more than 70 years old may be disclosed without regard to the above-listed exemptions, unless exempt under other federal or state laws.

Records only partially exempt will have the exempt portions excluded prior to production. Records that would unduly disclose individual identities will not be produced. 

Nothing in the Kansas Open Records Act supersedes federal law, including the Health Insurance Portability and Accountability Act (HIPAA) and the Family Educational Rights and Privacy Act (FERPA).

While FERPA permits disclosure of student “Directory Information” without student consent, Colby Community College’s Student Policy does not define email addresses in bulk as Directory Information; therefore, listings of multiple student email addresses are not produced for any purpose.

Colby Community College does not produce listings of student names and addresses for commercial purposes pursuant to K.S.A. §45-230. If a request is made to obtain names and contact information of students or personnel (directory information), the response will include a certification form that must be signed under oath (a notarized statement) affirming that the information will not be used for solicitation or any other prohibited purpose. If the notarized certification form is not submitted to Colby Community College, the request will be denied.

Fees
Commensurate with the actual costs in College employee time and resources, fees shall be charged for the retrieval, review, and production of public records. In accordance with K.S.A. §45-219, the following fee rates are established by the College may be applied, with payment of total estimated fees required by cash, check or money order in advance of records production if the estimated fee expense is equal to or exceeds $25.

All charges or fees shall be paid by certified check or money order made payable to "Colby Community College" and should be sent to:

Freedom of Information Officer
Colby Community College
1255 S Range Ave
Colby KS 67701

If the actual cost in time and resources exceeds the fee estimate, the requestor will be billed for the balance of fees incurred, with full payment required before records production. If the actual cost is less than the fee estimate, the requestor will be refunded any difference over $5.00. Fees are:

• Executive employee rate based upon the individual's annual salary/hourly pay rate. (Executive employees are President and his/her direct reports)
• Manager rate for retrieval and/or review: $50/hour (Directors/Coordinators)
• Staff rate for retrieval and/or assembly to produce: $30/hour
• Specialized computer retrieval: $50/hour
• Copies: 25 cents per page for paper copies; 12.5 cents per page for electronic copies
• College attorney fee: $200/hour

Requests for Electronic Format Records
The records custodian will be the sole judge of the ability of the agency to comply with any request for the records to be provided in electronic format or for records that must be produced in any specific computer-generated format.

Additional Information
If you have questions about the Act or Colby Community College’s policies under it, or to obtain assistance in resolving disputes relating to the Act, contact the Freedom Information Officer.

Freedom of Information Officer
Colby Community College
1255 S. Range Ave.
Colby, Kansas 67701

(785) 460-5411
publicinfo@colbycc.edu

 

The Solomon Amendment 
Under the provisions of the Solomon Amendment (32 C.F.R. 216), Colby Community  College is required to provide “student recruitment information” upon request to representatives of the Department of Defense for military recruiting purposes. This information includes student name, address, telephone number, date of birth, level of education or degrees received, major and the most recent previous educational institution in which the student was enrolled. For questions regarding the College’s compliance with FERPA and the Solomon Amendment, contact Colby Community College. Fees as provided under KORA shall apply to these requests.

 

[Adopted November 2019]
[Updated December 2020; January 2024; March 2024]