Kansas Judicial Council to study private e-mail issue

Posted July 16, 2015

From the Wichita Eagle
The Kansas Judicial Council will study a loophole in the state’s open records act that allows public officials to send private e-mail for official business.

The study was requested by Senate Vice President Jeff King, R-Independence. It was prompted by reporting by The Eagle on the use of private e-mail by Gov. Sam Brownback and his budget director, Shawn Sullivan.

Christy Molzen, staff attorney with the Judicial Council, said the council would make a policy recommendation to the Legislature by next session.

Attorney General Derek Schmidt said in an April opinion that private e-mails from government officials do not now fall under the Kansas Open Records Act. He later recommended how the Legislature could close the loophole for private e-mail communications sent in the course of official duties.

The Judicial Council includes King, his House counterpart John Barker, R-Abilene; Kansas Supreme Court Justice Marla Luckert; and Wichita attorney Stephen Robison.

Meetings are Aug. 7, Sept. 11, Oct. 2 and Nov. 13 on the subject.

Representatives of the Kansas Press Association, Kansas Association of Broadcasters and others have been asked to provide input.