Latest news with #KansasOpenRecordsAct
Yahoo
24-05-2025
- Politics
- Yahoo
Shakeup in leadership in southeast Kansas town
CANEY, Kans. — A southeast Kansas community sees a shake up in city leadership. Shortly before 6:00 p.m. Wednesday, the City of Caney sent out a notice about a special council meeting scheduled for 7:45 at City Hall that same night. That announcement, sent at 5:55, said two council members were resigning, and three new members were to be appointed. Those resignations were from Lisa Gorby, who won her council seat as a write-in candidate in November. The other resignation came from her husband Kerry, who was appointed to his council seat that same month. The other council member who resigned was Zach Ellison. As for the appointments, they were Mike Holeman, Becky Dye, and Travis White. No reason was given for the resignations, and no explanation was offered for how the replacements were selected. The announcement appears to have violated the Kansas Open Records Act, which requires 24 hours' notice to be given before a special meeting. We'll continue to follow this story and bring you updates as we obtain more information. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
22-05-2025
- Politics
- Yahoo
Why Kansas Reflector filed a complaint about stonewalling by the Senate efficiency panel
Sen. Renee Erickson listens at a hearing on March 31, 2025, at the Kansas Statehouse. (Sherman Smith/Kansas Reflector) The Kansas Open Records Act makes clear demands of state and local government. This vital law requires timely release of public records within three business days of receiving a request. If officials can't fulfill that timeline, they're required to explain why, in detail. The Kansas Senate Committee on Government Efficiency claims to be working for the good of all by ferreting out waste and bloat in state government. Perhaps it should start with itself, or at least with chairwoman Renee Erickson, R-Wichita. She led the effort to stonewall news media requests for public recommendations submitted to COGE through its online portal. Kansas Reflector requested the records from her on Feb. 25. They weren't released until April 9 — more than six weeks later. By that time, our reporter Anna Kaminski had already examined a leaked copy of public feedback. That batch of public comments suggested why Erickson pushed the public release until after the legislative session ended. Kansans blasted the committee with messages calling for Medicaid expansion, legalized cannabis and tolerance for LGBTQ+ youths. They show, in short, how anti-government narratives miss the mark in Kansas, where right-wing ideologues have poisoned the well of state government for years. On Wednesday, Kansas Reflector editor in chief Sherman Smith submitted a complaint to the state Attorney General's Office about this delay. Erickson's committee did not respond to our request in a timely manner, and the broader public suffered because crucial information was hidden from them. COGE members could access the messages in mid-March, but their constituents could not. We believe that government officials should be held responsible for delay and obfuscation. We heard attempts to justify the delays at a COGE meeting May 13. There were just so many messages. We had to screen them all. We didn't delete anything. Gordon Self, a legislative staff member, opined: 'Once the KORA requests were received and a response was made, there was a review of the records, all 2,000, to determine if any of the records did contain information. After a thorough review, there were some identified that did have some sensitive information in them.' Erickson harumphed: 'At the end of the day, there are none that have been deleted, there are none that are not available for review. But as was said, we wanted to make sure that we were not including information that was not appropriate for such a situation.' Forgive me for rolling my eyes. These self-satisfied excuses don't add up. None of the messages reviewed by Kansas Reflector staff appear to include sensitive information that the government had to shield from prying eyes. As noted earlier, a tranche of unredacted submissions was leaked to us in late March. We have compared the two versions. There's no there there. In one message, for instance, Statehouse staff omitted a profane phrase. That didn't protect anyone's personal or private information. In another case, the same suggestion was apparently submitted in two categories. The messages mention Senate President Ty Masterson's lucrative side hustle at Wichita Stare University, where he earns more than $150,000 a year as 'director of GoCreate, a Koch Collaborative.' In one of them, Masterson's name has been redacted, along with that of the author. In the other, neither Masterson nor the author has been redacted. Only a few dozen of the thousand-plus messages saw any redactions at all. Perhaps Statehouse staff don't have the slightest idea what they're doing. Perhaps they made a few random edits to the messages to justify the month-plus delay. Neither option should fill Kansans with confidence in their legislators or the work of COGE. Finally, and perhaps most importantly, he COGE web portal includes the warning that 'Portal submissions are public records that are subject to the Kansas Open Records Act.' Those sending in feedback have to check a box next to that warning. Why even bother to do that if you're going to screen the material afterward? Like other public records conflicts, this runs the risk of sounding petty. So what, I can hear some readers ask. You got the information anyway. Why fuss? My answer remains the same as when I wrote about Emporia Stare University's unconscionable response in turning over information to Kansas Reflector. This information belongs to everyone. Lawmakers don't get to pass a law and then arbitrarily decide whether to follow it. If they expect town and county governments to follow KORA, if they expect other state agencies to follow KORA, they can damn well follow it themselves. That's what justice and fair play demands. That's what their fellow Kansans deserve. And it's what we're going to do, no matter Erickson's sanctimonious claptrap. COGE kora complaint Clay Wirestone is Kansas Reflector opinion editor. Through its opinion section, Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.
Yahoo
14-05-2025
- Politics
- Yahoo
Kansas Senate efficiency committee justifies slow response to open records request
Gordon Self, a legislative staff member working with the Senate Committee on Government Efficiency, explained how the Kansas Open Records Act process works. (Morgan Chilson/Kansas Reflector) TOPEKA — The Kansas Senate Committee on Government Efficiency spent the first minutes of its Tuesday meeting explaining why it delayed release of messages to news organizations, defying Kansas Open Records Act requirements. Sen. Renee Erickson, a Wichita Republican and chairwoman of COGE, said news articles had been written about the subject, and she felt it was important for the committee to hear what occurred. Max Kautsch, a First Amendment rights and open government attorney, said COGE failed to meet requirements laid out in the law, specifically that records should be made available as soon as possible. Kansas Reflector made an open records request to access submissions to the COGE portal and email address. The records were not released for more than two months after the request, although Sen. Patrick Schmidt made a KORA request for those records and received them well before that. KORA requires records be made available within three business days or as soon as possible. The two-month timeline could have met KORA requirements if, as the law requires, there had been a 'detailed explanation of the cause for further delay,' Kautsch said. Gordon Self, a legislative staff member who specializes in statutes, said the portal where people could submit suggestions for COGE indicated those 'may be' public records. When KORA requests were received, there were concerns the submissions might contain protected or confidential information, such as Social Security numbers or personal health information, he said. To complete a submission on the COGE portal, a checkbox requires that the individual acknowledge the records are public records and subject to the law. 'Once the KORA requests were received and a response was made, there was a review of the records, all 2,000, to determine if any of the records did contain information,' Self said. 'After a thorough review, there were some identified that did have some sensitive information in them.' That information was redacted, he said. Kansas Reflector received a copy of the emails from an unnamed source before the KORA request was fulfilled. The official copy received later showed few redactions and most appeared to be names, addresses and phone numbers. The Reflector's request yielded disclosures of more than 1,600 submissions that Kansans had made to the portal, Kautsch said. The names and contact information for just 55 submitters were redacted, while the names and contact information for 1,500-plus Kansans were disclosed. 'I thought it was important because there's been a lot of articles and things out on social media – I thought it was important that this committee hear the process, the rationale for the process,' Erickson said after Self's presentation. 'At the end of the day, there are none that have been deleted, there are none that are not available for review. But as was said, we wanted to make sure that we were not including information that was not appropriate for such a situation.'
Yahoo
23-04-2025
- Politics
- Yahoo
Kansas Legislature's supermajority makes mockery of open records law over efficiency portal messages
Sen. Renee Erickson chats on the Senate floor during the April 10, 2025, veto session. (Sherman Smith/Kansas Reflector) Since the 1980s, the Kansas Open Records Act has mandated that all public agencies, including the Legislature, produce public records either within three business days or 'as soon as possible' in response to requests for records. But the current Legislature seems to believe those words mean 'whenever we feel like it.' And for almost 20 years, KORA has allowed public agencies to redact information from public records that, if disclosed, would amount to a 'clearly unwarranted invasion of personal privacy.' Such information includes Social Security numbers, dates of birth or other information that could enable identify theft. But this iteration of the Legislature seems to think it is entitled to redact information that could traditionally be found in a phonebook, and that it may do so in a futile attempt to shield the identity of a handful of powerful Kansans but not the rest of us. Isn't it time the Legislature follows its own laws for the benefit of everyone and not just a select few? Wichita Sen. Renee Erickson, chairwoman of the Senate Committee on Government Efficiency and a member of the Republican supermajority, viewed timely KORA compliance as optional this legislative session when she was faced the prospect of disclosing information submitted to the supermajority's online 'government efficiency portal.' The portal itself makes clear that 'submissions are public records that are subject to the Kansas Open Records Act.' But when Kansas Reflector made a KORA request in February for submissions to the portal, Erickson said the Reflector would have to wait, not three business days, but rather two months for a response. Such a long timeline could, potentially, be permissible under KORA if Erickson had offered a 'detailed explanation of the cause for further delay,' as the law requires. But by Erickson's own admission, the delay was necessitated not by the Legislature's inability to produce the records in a timely way, but because it preferred not to. In response to Reflector's request on March 7, Erickson wrote that the requested submissions should be kept under wraps until May 1 because they were to be discussed 'during meetings to be called during the 2025 interim' before next session 'as a basis for possible legislation to be considered during the 2026 legislative session.' Erickson would later amend the timeline, indicating that the records would be disclosed April 9. But Erickson proved even that date was not 'as soon as possible,' as she allowed the records to be disclosed to members of her committee in mid-March — well before April 9. Ultimately, Kansas Reflector received leaked copies of the requested records, and their authenticity was corroborated by Erickson's tardy disclosure. In due course, the real reason for her delay became clear: the portal was a repository for criticism of the supermajority's legislative agenda, and it was in the supermajority's interest to keep that fact from the public for as long as possible. Kansas Reflector's request yielded disclosures of more than 1,600 submissions that Kansans had made to the portal. The names and contact information for just 55 submitters were redacted, while the names and contact information for the other 1,500-plus Kansans were disclosed. Comparing the leaked records to Erickson's disclosure shows that Senate President Ty Masterson's submission is one of the 55 from which the name and contact information were redacted. Redacting the identities of anyone, a potential gubernatorial candidate such as Masterson or not, violates KORA. Redactions due to privacy concerns are authorized under KORA only when disclosure of such information poses a serious risk to the person identified and is not 'of legitimate concern to the public.' There can be no doubt that the submissions to the politically charged government efficiency portal are of legitimate concern to the public, negating application of KORA's privacy provision on that basis alone. Moreover, disclosure of someone's name, address and email address does not put them at undue risk when that information is most likely available through a Google search. Additionally, every person who submitted information to the portal was required to check a box acknowledging that submissions would be subject to KORA. That means each submitter effectively waived any application of KORA's privacy provision. Even so, in the April 9 email in which the Erickson disclosed the requested records to Kansas Reflector, she claimed that redactions were made for 'the portions of records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.' Simply put, it is not credible to claim that KORA's privacy provision applied to Kansas Reflector's request. Moreover, the Legislature's attempt to shield information about certain submissions and not others is evidence that it is willing to play favorites at the expense of being fair and complying with KORA in a timely manner. Max Kautsch focuses his practice on First Amendment rights and open government law. Through its opinion section, the Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.
Yahoo
07-04-2025
- Politics
- Yahoo
‘Let Kansans live free': Leaked emails to efficiency portal call for abortion rights, school funding
Kansas Reflector obtained leaked copies of suggestions that were sent to the Senate Committee on Government Efficiency. They urge lawmakers to maintain abortion rights, reject school vouchers, expand Medicaid, stop harming trans kids, and legalize marijuana. (Sherman Smith/Kansas Reflector) TOPEKA — A 'defeated' single mother seeking health coverage, a disabled Navy veteran who wants to move to Kansas but can't afford the taxes and a former state internal auditor fed up with corruption and bureaucracy were among the suggestions submitted to Kansas' GOP-led Senate Committee on Government Efficiency. The majority of submissions to the committee's public suggestion portal, which debuted Jan. 31 and was the subject of public records requests, included complaints that do not align with the policy priorities of the majority party. Instead, top suggestions included maintaining abortion rights, leaving school vouchers out of public education funding, critiques of leadership, expanding the state's Medicaid program, focusing on substantial policy issues instead of legislation targeted at trans kids, and more than 60 references to legalizing marijuana. Kansas Reflector obtained leaked copies of the more than 1,500 submissions sent to officials between Feb. 3 and March 28 containing specific public input from across the state alongside sarcastic replies, spam and suggestions in jest. A significant portion of those submissions showed a sense of disillusionment with Kansas politics, politicians and government. A few submissions contained personal stories of inefficiencies in state government. Even fewer included complaints or opinions in line with Republican policy. Sen. Renee Erickson, a Wichita Republican and chair of the efficiency committee, has promised that the committee will meet outside of the legislative session to review the submissions. Republican leadership created the Senate Committee on Government Efficiency, or COGE, earlier this year in response to the similar federal effort from billionaire Elon Musk called the Department of Government Efficiency, or DOGE. The committee sponsored 11 bills this session, many of which targeted public assistance programs, public employees or spending cuts. Little, if any, of the committee's work this year aligned with what Kansans suggested. Suggestions could be submitted in one of two ways: via email or a standardized form in a public portal that includes the submitter's first and last name, an age range and their county, city and zip code. The form notes that submissions are public records. Kansas Reflector did not independently verify the names provided with submissions. Kansas Reflector submitted a request for the public records to Erickson in February. Erickson said she would deliver them to journalists on April 9, even though she delivered them to a legislator on March 17 in response to his formal records request. Under the Kansas Open Records Act, public records are required to be provided as soon as possible. One suggestion from Ben Carmichael, a Wichita resident in his 30s, detailed concerns that the Legislature has morphed into a 'full-time machine, expanding its power and influence without corresponding checks in accountability, transparency, or fiscal restraint.' He pointed to continued meetings among legislators outside of the session and the consolidation of power within the Legislative Coordinating Council, which is made up of the governor and legislative leadership. The line is blurred, he said, between 'part-time service and full-time rule.' 'Instead of trusting Kansans to govern their own lives and communities, the state has taken on a paternalistic posture, eroding both personal freedom and local governance,' Carmichael wrote. 'This is not only inefficient government — it is unjust government.' Carmichael added that in times of national division and economic uncertainty, Kansans don't need more laws, rules or interference. 'They need a Legislature that knows its limits and remembers its mandate: to serve, not to rule,' Carmichael wrote. 'Shrink the footprint of government. Restore the citizen Legislature. Let Kansans live free.' Around 300 submissions included mention of abortion. Most begged legislators to leave the issue alone, as voters made their opinions clear in the August 2022 primary, during which a constitutional amendment to eliminate abortion rights failed by a 59-41 margin. Bethany Quesnell, a 30-something in Wamego, said elected officials could be most effective if they listened to the stories of the constituents in their districts. 'Don't just stop listening after one person who matches your personal beliefs, either,' Quesnell wrote. And if an issue has been voted on in recent years, Quesnell suggested officials refrain from bringing that issue up again. 'Abortion is a great example,' Quesnell said. 'Kansans made their opinions known and we don't want to hear about it anymore.' Submitters characterized the Legislature's continued focus on abortion regulation as a waste of time and money. 'The amount of times transgender healthcare and abortion have come up in this legislature is downright wasteful,' said Kat Stucky, a Cheney resident in her 30s. More than 130 suggestions told lawmakers to stop legislating trans issues. Stucky, and several other commenters, said trans people make up a tiny fraction of Kansas' population but have received a significant amount of focus, particularly this legislative session. Pamela Sturm, a septuagenarian from Kansas City, Kansas, said the state could save money if the Legislature focused on issues guided by voter's actions. 'The legislature has decided that attacking transgender kids is a more legitimate target for their attention than dealing with real issues for Kansans, just as they've decided to deny Kansas residents legitimate access to cannabis and that it's okay for rural hospitals to close because they refuse to honor the will of the people by expanding Medicaid in our state,' Sturm wrote. A 'very frustrated and defeated' single mother of three, Ashlie Bruner, wrote to legislators in February detailing a recent denial of health care coverage under the state's Medicaid program. Bruner is caught in what is known as the Medicaid gap. Her employer doesn't offer health insurance. She said she earns $1,200 a month while the state Medicaid income cap for a household of four is $880 a month. 'This has left me in a position where I can not afford health insurance or do not qualify for lower rates or state insurance as my income is either too high or too low,' she said. 'The system is flawed.' Average rental prices, bills and necessities make up a majority of Bruner's spending, and, as a single parent, she said she struggles to pay those costs. 'I know I'm not the only person with this problem,' she said. 'And it leaves the question of what am I supposed to do?' Bruner begged legislators for a solution because she cannot seek medical care without paying out of pocket, leaving her 'suffering through illnesses or medical conditions unable to afford the help I need.' The vast majority of the roughly 180 submissions that mentioned Medicaid supported expansion or opposed further cuts to the program. Kansas is one of 10 states that hasn't expanded Medicaid. Roger Smith, a Wichita resident in his 70s, suggested the Legislature ensure Medicaid fraud isn't taking place by reviewing and confirming that Medicaid participants are appropriately using allocated funds. 'Let us all be responsible for supplying the resources needed to those that truly need it,' Smith said. 'Being a good steward at all levels is very important for everyone's survival.' Suggestions on education were varied. Legislators in recent years have attempted to impose influence on education typically reserved for the Kansas State Board of Education. The Legislature controls funding for public schools and has the ability to create voucher programs. Sandra Kirby, a 40-something from Pittsburg, asked legislators to oppose any legislation that would eliminate the Kansas State Department of Education. Kirby said taxpayers shouldn't support any religious institution or school. 'If a person wanted to send their kids to a private or religious school- so be it,' Kirby wrote, 'but leave the rest of Kansans alone.' Kirby added: 'NO VOUCHERS.' Ryan Patton, a Hutchinson resident in his 40s, said the Kansas education system costs taxpayers around $18,000 annually per student, which is true according to KSDE data. Homeschooling produces better results, he said. 'The Kansas education system is far beyond repair and needs to be dismantled,' Patton wrote. 'There is extreme amounts of waste of these funds that never reach the teachers let alone the children.' Rick Ruppe, who did not include an age or location in his email to the committee, applauded the Legislature's proposal to shift the Kansas Supreme Court judicial selection process to a popular vote instead of the current nomination and appointment system. It's long overdue, he said. State education funding, Ruppe said, is one area that has been part of a series of 'bad outcomes in decisions being made by the court, which have been politically and ideologically slanted towards liberal and progressive viewpoints.' The Kansas Supreme Court has repeatedly determined the Legislature is not adequately funding education. Ruppe characterized the wording of the Kansas State Constitution that has been used to determine funding requirements as vague. 'This has led to this issue becoming a political football, with the punting of a real solution, much like kicking a can down the road, with no clear criteria for what 'sufficient or adequate' funding is,' he said. He added that the court also erred in ruling the state constitution includes implicit rights that allow legal abortions. Nearly 60 submissions included criticism of the Kansas Attorney General's performance. Many claimed Kris Kobach's 'frivolous lawsuits' have cost Kansas taxpayers millions, and others called for him to be fired. Amy Warfield, a Hays resident in her 30s, said 'a more efficient Kansas state government would better seek to reign in vanity lawsuits' from Kobach, which include banning abortion drug mifepristone, blocking immigrants without citizenship from being counted in the Census, and limiting Title IX protections for youths. 'In fact, the list of confrontations and lawsuits is so long and such a tangled web, it's difficult to parse through what is even in the best interest of the people of this state and its funds, or just ideological check boxes,' Warfield said. Brice Cronn, a Colby resident in his 40s, suggested the Legislature refrain from passing any legislation having to do with Kobach. 'Millions in litigation costs are unacceptable,' Cronn wrote. 'This culture war stuff makes you popular with a certain voting block, but it is a nonsensical money pit that doesn't do anything to improve the wellbeing of Kansans,' he said. Kari Nilson, an Andover resident in her 40s, said the best way to cut government spending would be to 'get Kris Kobach to quit filing lawsuits that the people of Kansas don't want to be part of.' Roberta Hill, who identified herself as a disabled Navy veteran, began her email by giving credit to the state of Kansas for taking care of its veterans. 'I as a 100% disabled female veteran would move to Kansas, yet I financially could not afford to own a home,' Hill said. In her current state, which she did not disclose, she doesn't have to pay property taxes on the home she owns. 'I don't abuse my taxes exempt status,' she said. 'I believe in paying taxes on a lot of things. If Kansas allowed veterans to own homes and not pay property taxes. You would have them in your state paying taxes on other things. Helping the economy of Kansas!' Bills aimed at providing tax relief for veterans did not progress this session. A handful of submissions requested greater transparency from Kansas government. Jadie Chauncey, a Junction City resident, submitted a list of three issues, each with a clear proposal aimed at making Kansas government more open, fair and accessible. The three suggestions included eliminating 'gut and go' bills, which allow legislators to entirely overhaul the content of a bill with unrelated legislation. 'This process confuses voters and allows bills to pass without proper review,' Chauncey said. The second item suggested the Legislature make it easier for Kansans to submit testimony and establish a mandatory 72-hour notice before testimony submission deadlines. Chauncey called the current system 'confusing and outdated.' 'Some committees give very short notice for hearings, change their rules often, and require paper copies of testimony,' Chauncey said. 'This makes it hard for people who live far from Topeka or have jobs during the day to participate.' Lastly, Chauncey noticed special interest groups tend to get more time than citizens and suggested ensuring all speakers at hearings get equal time to testify. Mark Ummel, a Burlingame resident in his 60s, said he performed internal audits and investigations for 15 years at one of the state's largest agencies. He retired not because he was ready but because he 'became fed up with various senior leaders at the agency who would use their position of power to hire their personal friends for high paying jobs without advertising publicly, review audits only to hide the malfeasance or illegal activity and position their personal needs above what is best for the agency.' State government operations could become more efficient, Ummel said, with improved audit practices that evaluate internal processes, wasteful spending and potential fraud. 'If the legislative process can be described as 'making sausage,' ' he said, 'the inner workings inside the agencies could be describe(d) as the 'slaughterhouse.' '
