Attorney General Opinion No. 1991-138

Download or read book Attorney General Opinion No. 1991-138 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Records in the possession of the legislative division of post audit fit the definition of public records set forth at K.S.A. 45-217(f). Such records are therefore subject to the Kansas open records act (KORA) set forth at K.S.A. 45-215 e̲t̲ s̲e̲q̲. However, such records may be closed if the records are subject to a duty of confidentiality imposed by law or if discretionary closure is permitted pursuant to K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 12. It is our opinion that K.S.A. 1990 Supp. 45-221(a)(20), as amended, permits discretionary closure of audit working papers prior to release of the audit report, as such papers represent research data in the process of analysis. However, upon the release of the audit the data is no longer being analyzed. Thus, post audit must at that point provide requested access to records which are not otherwise permissibly or mandatorily closed by law. Cited herein: K.S.A. 45-215; 45-217; 45-218; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 12; K.S.A. 46-1101; K.S.A. 1990 Supp. 46-1106; 46-1114.