Topeka Capital-Journal editorial
A legislator from Derby thinks the best way to ensure he and his colleagues don’t run afoul of the Kansas Open Meetings Act is to amend it so lawmakers and other government officials can discuss the public’s business just about whenever and wherever they please without notifying the public.
Rep. Jim Howell, R-Derby, has drafted a bill that would exempt from KOMA social gatherings, such as those Gov. Sam Brownback hosted at Cedar Crest last year for Republican legislators, which Shawnee County District Attorney Chad Taylor ruled were “technical” violations of the law by legislators.
Taylor didn’t prosecute anyone because he didn’t think legislators intended to break the law. Most lawmakers also told Taylor’s investigators they couldn’t remember much of what was said at the dinners.
Despite the lack of prosecution, and recent efforts to educate legislators about the Kansas Open Meetings Act, Howell apparently thinks expecting legislators to conduct the public’s business in full view of the public is too restricting.
“It’s starting to affect our ability to function because we’re living under the threat of the Shawnee County prosecutor,” Howell said Thursday.
That’s about as ridiculous as anything we’ve ever heard. After getting past last year’s dinners with less than the proverbial “slap on the hand” and being informed of what the law allows and doesn’t allow, legislators now feel they’re “living under the threat of the Shawnee County prosecutor.”
There is no threat of any kind if the law isn’t violated.
What Howell, and perhaps many of his colleagues, are contemplating is a crack in KOMA that will allow them to discuss issues before they are brought up at legislative committee meetings. But such a crack could quickly become a crevasse that would render the law ineffective.
It’s hoped there are enough legislators dedicated to the public’s right to know to prevent that from happening.
Under Howell’s bill, a majority of a government body’s officials would be allowed to discuss issues at social gatherings as long as they didn’t “deliberate,” meaning to carefully consider, the matter at hand.
Doug Anstaett, executive director of the Kansas Press Association, noted the bill would allow discussion as long as members of the governing body didn’t take the next step to begin “careful consideration of the language.”
Discussion, however, could cover most of what happens at city council meetings, county commission meetings and school board meetings across the state, as well as legislative committee meetings.
What happens when elected officials realize they can handle almost all of their business over lunch or drinks and only “deliberate” the specific language needed to implement their ideas at the public meeting?
It also should be pointed out that there’s a fine line between “discussion” and “deliberation.” Who will draw that line when the public isn’t watching?
Howell laments that he should be able to share his opinions with fellow committee members privately without violating KOMA.
He can, one-on-one or even in small groups, depending on the size of the committee.
But if he wants to share his thoughts with a majority of the committee at the same time, he should schedule a meeting and inform the public. It’s that simple, and it’s the law.