Author Archive | maxwell

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Out-of-state health care giant gains advantage over smaller, local providers in Independence, Kansas, with help from Kansas officials

A version of this story was originally published in the July 21, 2016 print edition of The Montgomery County Chronicle under the headline “One year later: External pressures, local decisions have joined together to influence Independence’s medical scene” that includes additional information, including a forward and chronology by Chronicle editor Andy Taylor. When Mercy Hospital […]

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written request

Fresh Tips: The Value of Submitting Written KORA Requests

The Kansas Open Records Act (KORA) does not “require a request to be made in any particular form,” and requests may be made orally, although an agency “may require a written request.” While such flexibility in the nature of the request may seem to favor those who request documents, especially those who are not lawyers, […]

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ag office

Fresh Tips: Filing KORA and KOMA complaints

July 1, 2016, will mark the one-year anniversary of the passage of statutory amendments that conferred additional powers on the office of the Attorney General to penalize public agencies for violations of the Kansas Open Records Act (KORA) and Kansas Open Meetings Act (KOMA). Among other things, these new statutes give the AG subpoena power and […]

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DoL logo

New FLSA overtime eligibility rules to go into effect later this year

News organizations’ fears about the Department of Labor’s new Fair Labor Standards Act (FLSA) regulations, which were proposed last year, will apparently be realized. In February of this year, the Department of Labor (DoL) announced that the new rule will be published in July, perhaps even earlier, and be effective 60 days after publication. The […]

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strong hall

Fresh Tips: Access to “education records” under FERPA and KORA

For any journalist, but particularly student journalists covering their school’s administration and its relationship to its students, the federal Family and Educational Rights Act (FERPA) can present significant roadblocks to obtaining records that would otherwise be open to the public under the Kansas Open Records Act (KORA).  In Kansas, if a journalist asks a school […]

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texting

The Government Records Preservation Act: Connections to KORA

On Tuesday, January 26, 2016, the Senate Committee on Judiciary introduced SB 361, a bill that would amend the definition of “public records” to include state-related communications made from personal devices. The bill was the result of a recommendation of the Kansas Judicial Council’s Open Records Advisory Committee reached during several meetings in the fall […]

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KSU settlement agreement

Fresh Tips: Public agency settlement agreements are subject to disclosure under KORA

Settlement agreements memorializing amounts paid by public agencies to end legal disputes are public records under the Kansas Open Records Act (KORA) and thus subject to disclosure, even if the parties to the dispute attempt to keep the agreement confidential. As long as settlement documents are retained by the agency in the ordinary course of […]

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