Attorney General Opinion No. 1994-007

Download or read book Attorney General Opinion No. 1994-007 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas open records act (KORA) declares that public records are generally open to the public unless mandatorily or permissibly closed by law. A diversion agreement entered into by the city prosecutor and a first-time DUI offender is a public record for purposes of the KORA. There is no express language in the municipal diversion statutes to make the terms of diversion agreements confidential. Further, there is no exception applicable to DUI diversion agreements under K.S.A. 1992 Supp. 45-221. The DUI diversion agreements are not criminal history record information, which generally is closed to the public, according to the definition in K.S.A. 1992 Supp. 22-4701. Therefore, DUI diversion agreements maintained by public agencies are public records which must be disclosed upon request. Cited herein: K.S.A. 8-1567, as amended by L. 1992, ch. 298 sec. 1 and as amended by L. 1993, ch. 259, sec. 8; K.S.A. 12-4413; 12-4415; 12-4416; 12-4418; K.S.A. 1992 Supp. 22-4701; 22-2911, as amended by L. 1993, ch. 166, sec. 3; 45-217; 45-221; K.S.A. 65-2422; 74-2012.