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AG Derek Schmidt reaches settlement with South Hutchinson Police Department over KORA violation

Release Date: Aug 08, 2017

TOPEKA – (August 8, 2017) – Kansas Attorney General Derek Schmidt has executed a settlement with the City of South Hutchinson Police Department to resolve a violation of the Kansas Open Records Act (KORA).

In November 2016, the attorney general’s office received a complaint alleging the South Hutchinson Police Department violated the KORA by failing to respond within three business days to a request for a copy of a Kansas Standard Offense Report. Upon investigation, the attorney general’s office determined the Department violated the KORA by failing to timely respond to the request. Additionally, the investigation concluded that the Department withheld records that were responsive to the KORA request, and thus was required to respond to the request.

At the conclusion of the investigation, the City of South Hutchinson Police Department signed a Consent Order admitting that it violated the KORA when it failed to respond to the complainant’s KORA request within three business days as required by law. Department staff, including its freedom of information officer, records custodians and other staff responsible for complying with the KORA, are required to receive at least one hour of training on the KORA. The Department also agreed to comply with the requirements of the KORA in responding to future requests and pay a $100 civil penalty.

A copy of the Consent Order, which was signed yesterday by the attorney general, is available at http://ag.ks.gov/open-govt/enforcement-actions. Information about requirements of the Kansas Open Meetings Act and the Kansas Open Records Act can be found at http://ag.ks.gov/open-govt.

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