Committee works to close private email loophole

Posted September 17, 2015

The Kansas Press Association is represented on a study committee charged with reviewing the state’s Open Records Act to cover officials’ emails about public business on private accounts.

The Kansas Judicial Council committee has met twice so far to formulate legislation to fix a loophole that shields private email accounts from scrutiny under KORA. Two more meetings are scheduled.

The issue arose following disclosures that Budget Director Shawn Sullivan used a private email account at least twice in December to circulate details about potential budget proposals. Gov. Sam Brownback later acknowledged conducting public business through private emails.

The records law doesn’t cover communications with private accounts or devices, even those concerning government business. State and local agencies don’t have to disclose their contents to the public.

“So far, the discussion has been frank and quite informative,” said Doug Anstaett, KPA executive director. “It’s obvious to everyone on the committee that this problem needs fixed now. The committee is leaning heavily toward a definition that would address the ‘content’ of emails over the ‘location.’ That would help take into account future advances in technology.”

Sen. Molly Baumgardner, R-Lenexa, is chairing the committee. Committee members include Nicole Proulx Aiken, League of Kansas Municipalities; Athena Andala, Attorney General’s Office; Doug Anstaett, Kansas Press Association; Rep. John Barker; Sen. Anthony Hensley; Kent Cornish, Kansas Association of Broadcasters; Rich Eckert, Shawnee County counselor; Frankie Forbes, attorney; Stan Hazlett, Disciplinary Administrator’s Office; Prof. Mike Kautsch, University of Kansas School of Law; Melissa Wangemann, Kansas Association of Counties; and Rep. Jim Ward, D-Wichita.