The target of Trabert’s record request was Wichita Downtown Development Corporation. This agency — contrary to any reasonable interpretation of the law — believes it is not subject to KORA, even though it receives nearly all its funding from taxes.
It’s important to remember that while the Kansas Open Records Act contains many exclusions that agencies use to avoid releasing records, agencies may release the records if they want.
The city hides behind a narrow and tortured legal interpretation of the Kansas Open Records Act. Today, not one city council member spoke in support of government transparency. It would be a simple matter for the council to ask that WDDC satisfy records requests. There are many exclusions that cover records WDDC may not want to release.
Last year I made a similar argument to the council regarding a different quasi-public agency. Randy Brown, who is chair of the Kansas Sunshine Coalition for Open Government and former opinion page editor of the Wichita Eagle was at the meeting and spoke on this matter. In his remarks, Brown said “It may not be the obligation of the City of Wichita to enforce the Kansas Open Records Act legally, but certainly morally you guys have that obligation. To keep something cloudy when it should be transparent I think is foolishness on the part of any public body, and a slap in the face of the citizens of Kansas. By every definition that we’ve discovered, organizations such as Go Wichita are subject to the Kansas Open Records Act.” WDDC fits in this category, too.
Brown said that he’s amazed when public officials don’t realize that transparency helps build trust in government, thereby helping public officials themselves. He added “Open government is essential to a democracy. It’s the only way citizens know what’s going on. … But the Kansas Open Records Act is clear: Public records are to be made public, and that law is to be construed liberally, not by some facile legal arguments that keep these records secret.”
For more on this issue in Kansas, see Open records again an issue in Kansas.