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Open Records in Kansas

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Kansas has a weak open records law. Wichita doesn’t want to follow the law, as weak as it is.

As citizen watchdogs, I and others need access to information and data. The City of Wichita, however, has created several not-for-profit organizations that are largely funded by tax money. The three I am concerned with are the Wichita Downtown Development Corporation, Go Wichita Convention and Visitors Bureau, and Greater Wichita Economic Development Coalition.

I have asked each organization for checkbook-level spending data. Each has refused to comply, using the reasoning that they are not “public agencies” as defined in the Kansas Open Records Act. But consider the WDDC: When I made a request for records, its percent of revenue derived from taxes was well over 90 percent every year but one. In many years the only income WDDC received was from taxes and a small amount of interest earned. Click here to see how much of WDDC’s revenue comes from taxes.

The Wichita city attorney backs these organizations and their interpretation of the law. So do almost all city council members. After 14 months investigating this matter, the Sedgwick County District Attorney agreed with the city’s position. (Click here to read the determination.) The only course of action open to me is to raise thousands of dollars to fund a lawsuit.

Citizen watchdogs and others need the ability to examine the spending of tax money. When government creates quasi-governmental bodies that are almost totally funded through taxes, and then refuses to disclose how that money is spent, we have to wonder why the city doesn’t want citizens to know how this money is spent.

An example of why this is important is the case of Mike Howerter, a trustee of Labette Community College in Parsons. He noticed that a check number was missing from a register. Upon his inquiry, it was revealed that the missing check was used to reimburse the college president for a political campaign contribution. While the college president committed no violation by making this political contribution using college funds, this is an example of the type of information that citizens may want regarding the way public funds are spent.

In Wichita, because of a loophole in the Kansas Open Records Act, a large amount of tax money is spent without this type of scrutiny. This year the Kansas Legislature is considering HB 2567, which will start to bring accountability for how all tax money is spent..

The Attorney General’s page on the Kansas Open Records Act is here. The Kansas Legislator Briefing Book chapter for the Kansas Open Records Act is here.

Wichita doesn’t value open records and open government

On the KAKE Television public affairs program “This Week in Kansas” the failure of the Wichita City Council, especially council member Wichita City Council Member Pete Meitzner (district 2, east Wichita), to recognize the value of open records and open government is discussed.

For more background, see Wichita, again, fails at open government.

Wichita, again, fails at open government

The Wichita City Council, when presented with an opportunity to increase the ability of citizens to observe the workings of the government they pay for, decided against the cause of open government, preferring to keep the spending of taxpayer money a secret. Continue reading here.

Wichita could do better regarding open government, if it wants

Tomorrow the Wichita City Council will consider renewing its contract with Go Wichita Convention and Visitors Bureau. The renewal will provide another opportunity for the council to decide whether it is truly in favor of open government and citizen access to records. Continue reading here.

Wichita government’s attitude towards citizens’ right to know is an issue

At a meeting of the Wichita City Council, Kansas Policy Institute president Dave Trabert explained the problems in obtaining compliance with the Kansas Open Records Act. Continue reading here.

Open records again an issue in Kansas

Responses to records requests made by Kansas Policy Institute are bringing attention to shortcomings in the Kansas Open Records Act. Continue reading here.

In Wichita, disdain for open records and government transparency

Despite receiving nearly all its funding from taxpayers, Go Wichita Convention and Visitors Bureau refuses to admit it is a “public agency” as defined in the Kansas Open Records Act. The city backs this agency and its interpretation of this law, which is in favor of government secrecy and in opposition to the letter and spirit of the Open Records Act. Continue reading here.

Additional information on open records is at:

2 thoughts on “Open Records in Kansas”

  1. Secrecy is unacceptable in government office, nor will it be tolerated by the citizenry. Transparency is not an option to be given at the whims and leisure of officials elected to serve the citizens. If the “elected” officials find that transparency is incongruent with their ability to serve the citizens which elected them, then the clear action is to vote the noncompliant out of office. The citizen are casting a sharp eye on the behaviors and attitudes of those holding public offices…all is duly noted!

    Open Records Act Kansas:
    KOMA-KORA Investigation Request
    It is the public policy of this state “that meetings for the conduct of governmental affairs and the transaction of governmental business be open to the public.” K.S.A. 75-4317(a).

    It is the public policy of this state “that public records shall be open for inspection by any person unless otherwise provided by this act, and this act shall be liberally construed and applied to promote such policy.” K.S.A. 45-216(a).

    The Attorney General or the County/District Attorney may investigate alleged violations of these acts. See K.S.A. 75-4320 and 75-4320b (KOMA); and K.S.A. 45-222 and 45-228 (KORA).

    Citizens may use this form to file an investigation request with the Office of the Attorney General. If you are under 18 years of age, a parent or guardian may file for you.
    https://ag.ks.gov/about-the-office/contact-us/file-a-complaint/koma-kora-investigation-request

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