Commission discusses open records responsibilities

By Charlene Sims, info@linncountyjournal.com

MOUND CITY – During a discussion about costs and fees for Kansas Open Records Act (KORA) requests at the Linn County Commission meeting on Monday, April 14, several issues came up.

Newly appointed County Counselor Jacklyn Paletta told commissioners that KORA requests are handled by the county’s information office, which is County Clerk Danielle Souza. 

Paletta said that fees are set by the county clerk on a case-by-case basis and she recommends that, within Souza’s discretion, the commission continue to allow that.

Undersheriff Bobby Johnson spoke about KORA reports requested from the sheriff’s office. He said that as records manager at the sheriff’s office he does a lot of them now. 

“The majority of what I do is not from citizens,” the undersheriff said. “They are from law firms and insurance firms, and just for the scope our hourly fee is less than I make an hour. And we have to – on many, many occasions – use flash drives to upload videos and documents onto and send them out, which is a fee for the sheriff’s office also.

“Currently I have one that is a law firm requesting every cattle out report and report and phone call recordings from 2018 on until today, which is over 2,100 documents and recordings.

“Now that’s going to cost this county a lot of money. So I just want to keep you guys aware. It’s just not the citizens who have some questions always coming to the county with KORA requests. In my experience oftentimes at the sheriff’s office it's law firms and insurance companies, and some of this is quite a strain on us. So just giving you some information. I appreciate your time thank you.”

Commissioner Alison Hamilton said, “In my understanding, there are two separate forms for KORA, whether it’s the sheriff’s office or anything else, is that right?”

“That’s my understanding,” said Paletta.

“Their fee schedule can be set by their office not Danielle. So we’re talking about two different ways,” continued Hamilton. 

Souza said that as an elected official the sheriff and his office can charge whatever they want, whatever is in the statutes for them to charge. 

“So, we’re going to separate those two. I just know you were kind of stating regarding probably what we have at hand right now. But that’s just regarding Danielle. But are there any other offices like the treasurer’s office? Can they do their own KORA?” asked Hamilton.

Often when the requests are made directly to the county, then the county clerk is still sort of like the chief information officer, said Paletta.                                                                                                                                                                                                                                                 

Paletta reaffirmed that while the KORA request must be acknowledged in 72 hours, it only has to be acknowledged and information can be given about how long the request will take fulfill and how much it will cost. It doesn’t mean that documents are produced within 72 hours.

“So to be clear, we have a public information officer (PIO) for the county and a PIO for the sheriff’s office,” said Hamilton. 

Commission Chair Jim Johnson asked rural Parker resident Jan Longenecker if he had something to say as he was standing near the podium. 

Longenecker said that he had filed a KORA request and he wanted to know what the status of that request was.

Souza told him that she had answered his inquiry within 72 hours.

“And I did tell you it is still in work because it is outside of my department and that department is currently vacant,” she said. “It’s taking a little bit of time to get that information to you.”

“To review, I am asking for building permits regarding Sunny Meadow subdivision. Without a zoning director do all permits get approved? No permits get approved? What’s the procedure?” asked Longenecker.

Souza asked Paletta if she had a suggestion about the commissioners could respond to Longenecker.

Paletta said that the procedure had been addressed earlier in this particular meeting that the public works director is overseeing the planning and zoning so those matters are continuing to be handled in that ordinary course. 

“There’s a certain amount of irony in paying the county for records that we need to enforce the regulations that the county enacted but that the county is at least reluctant to enforce, Longenecker said. “That’s why I requested the waiver of fees on this. Plus we’re not asking for archive searches, simply if a building permit comes in that we receive that information.” 

Longenecker said that he had 60 days to appeal any decision made by the zoning director and wanted to keep on top of that.

“On behalf of the county we will just reiterate that Danielle is handling the county’s KORA requests,” Paletta said, dismissing Longenecker. “And Mr. Longenecker the county’s response to your inquiry is limited to KORA today. 

“Also, because you have indicated that you have retained an attorney. Last week you presented a letter to the board of county commissioners from your attorney. So, in so far as this has now become a legal matter, I’m advising my clients not to comment on a legal matter.”