Voice For Liberty

Tag: Kansas Policy Institute

  • More Kansas spending data online

    Kansas Policy Institute has added more data to KansasOpenGov, its government transparency portal.

    The newest data is from Kansas school districts, according to KPI’s press release.

    KPI highlighted some noteworthy expenses, such as $7,148.53 on retirement clocks by the Andover school district, $232,894.00 in early retirement incentives by the Haysville school district, $24,755.47 at a Holiday Inn in San Clemente by the Topeka school district, and $2,616.60 to a Hyatt Hotel in Boston by the Coffeyville school district.

    The data at KansasOpenGov is particularly welcome as it can be downloaded as csv or Excel files, which means it can be analyzed, sorted, printed, and archived in various ways. Some governmental agencies provide this data only in pdf files, which are difficult to convert to a format that can be analyzed.

    While it’s good that school districts are releasing their expenditure data, there are still some transparency roadblocks. For example, in August the Wichita school district made a payment to “Commerce Bank Visa Businesscard” in the amount of $903,725.68, described as being for “Supplies.” That’s a lot of money spent under a vague and generic description.

  • Looking for Kansas school efficiency, sort of

    Kansas Governor Sam Brownback started an online Kansas school efficiency task force inefficiency form. In response, Kansas House Democrats have launched a Kansas K12 efficiency survey.

    The Democratic survey contains a few loaded questions that are sure to influence the responses received. For example: “Please describe – as specifically as possible – how the reduction of state public education funding has impacted you, your child, or your school directly (larger class sizes, higher fees, higher property taxes, eliminated programs, fired teachers, etc).”

    First: Spending on schools in Kansas has fallen some in recent years, but just a little bit, as you can see in the chart. The question above specifically references state spending. That, as you can also see, did fall for a few years, but the difference was almost totally matched by an increase in federal spending. That fall in state spending, by the way, happened under the administration of Democratic governors.

    Kansas school spending per student through 2012.

    Second: The question also mentions “larger class sizes” and “fired teachers.” These are personnel issues. If we look at the ratio of students to employees, we see these ratios have changed. For a time they were decreasing, meaning that there fewer students per employee, considering either teachers only or all employees. These numbers have inched back up. But the student/teacher ratio today is still better than it was in 2005.

    Kansas school student/employee ratios.

    Another question reads: “Please describe – as specifically as possible – how your school has INCREASED efficiency as a result of reduced state funding.”

    The use of capitalization to emphasize a specific word lets us know that only increased efficiency stories are welcome. Besides that, there’s a troubling premise in the question, that schools will look to increase efficiency only when funding is reduced. We might think that schools should always be looking for ways to increase efficiency. That lets them either operate on smaller budgets, or deliver more and better education for the same budget.

    Kansas Democratic legislative leaders, however, don’t see things quite that way. They are offended by suggestions that schools aren’t operating as efficiently as possible, charging that critics are demonizing schools.

    But schools can operate more efficiently. In 2010, despite claims that school spending had been “cut to the bone,” USD 259, the Wichita public school district, found a way to save $2.5 million per year by adjusting school starting times, thereby saving on transportation costs.

    If we really believe that schools are underfunded, and that underfunding is harming children, why didn’t the Wichita school district look for and implement this cost-saving measure earlier? Was the threat of reduced funding the necessary impetus, as implied in the Democrats’ questions?

    Surely this isn’t all that can be saved. Kansas Policy Institute looked at K-12 spending in Kansas and concluded that schools statewide are spending as much as $717 million more than is necessary, and that implementing the “best practices” of more efficient districts could eliminate the need to raise taxes or cut spending on other essential services. Volume 3: Analysis of K-12 Spending in Kansas of KPI’s series “A Kansas Primer on Education Funding” also found that, despite district claims that they are underfunded, most districts haven’t spent all of the money they received in past years.

    The competing online survey forms illustrate a problem inherent with Kansas public schools that we don’t see in the private sector. Do we worry whether the grocery store is operating efficiently? No, because the grocery store faces market competition for customers and capital. But Kansas schools — because there is no effective school choice in Kansas — don’t face competition for customers in any meaningful way, and their capital is free of cost. Kansas Democrats (and their moderate Republican allies) fight against school choice to keep it that way.

    We also have to wonder whether Kansas Democrats are really interested in finding school inefficiencies. Eliminating many inefficiencies will mean reducing the number of workers, and government workers are a key constituent of Democrats.

  • Another Kansas school efficiency task force

    Why is this news? “The association representing Kansas school boards Wednesday formed a committee to analyze options available to local district officials to maximize educational return on investments in K-12 public schools.” (KASB creates panel to study K-12 school efficiency, Topeka Capital-Journal.)

    KASB is the Kansas Association of School Boards. One might think that their prime mission is to “maximize educational return on investments.” What could be more important when considering the lives of Kansas schoolchildren and the plight of taxpayers?

    It’s likely that this panel has been formed in response to a school efficiency task force created by Kansas Governor Sam Brownback. That task force has been criticized by the public school establishment for lack of educators in its membership.

    So now a panel of educators has been formed to examine efficiency in school spending. Does anyone notice the irony: Those already running the Kansas public school system have had the power to implement efficiency measures. They don’t need permission or a task force.

    The governor’s task force met this week. The presentation from Kansas Policy Institute is here.

    Some highlights of the presentation include slides 10 and 11, which show that the ACT composite score didn’t really decline in 2012. Instead, the demographic weighting shifted. In fact, says KPI president Dave Trabert, “The composite score has been flat for several years and the last time it dropped (applying the 2012 demographic weighting to actual scores) was in 2009 when K-12 funding per-pupil (total and state) peaked. So much for the KASB theory that budget cuts caused ACT scores to decline.”

    As Trabert noted, demographics play a large role in understanding student achievement. See my article Kansas school test scores should make us think for an explanation of how Simpson’s Paradox masks the problem with Kansas student test scores.

    Slides 13 and 14 compare state assessment scores and state aid, again demonstrating that there is no correlation (let alone causation) between achievement and spending changes. Slide 17 shows that despite the claims of massive cuts to education, taxpayer funding of public education set a new record in 2012. Slide 18 breaks down state aid into several components, proving that simple comparisons of base state aid are quite deceptive.

    Slide 42 tells a particularly compelling story: The less that districts spend per-pupil on administration, the more they spend on student and staff support (except for the five largest districts, but even there, higher spending per-pupil is associated with a wider gap on support spending). This shows that efficiency is not just about saving money. It’s also a way to put resources to more productive uses.

    Kansas K-12 Efficiency Task Force: Spending Facts and Efficiency Opportunities

  • 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.

    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.

  • At Kansas Board of Education, some questions aren’t allowed

    At a meeting of the Kansas State Board of Education, it became clear that there are certain topics and questions that aren’t to be discussed in public.

    At September’s meeting (video here), BOE chair David Dennis interrupted questioning by board member Walt Chappell and proceeded to the next member’s questions. Chappell was asking whether “cut scores” had declined and whether definitions of “meets standard” and “proficiency” had changed. Dennis would not allow these questions to be answered.

    It’s clear that Dennis — and the entire Kansas public school bureaucracy — doesn’t want to talk about these questions. Here’s why.

    Until this year, scores on Kansas-administered and controlled assessments have been rising — “jumping,” in the recent words of Kansas Education Commissioner Diane DeBacker. But scores on the National Assessment of Educational Progress (NAEP) for Kansas students don’t reflect the same trend. Scores on this test, which is given every two years, haven’t been rising as they have on the Kansas-controlled test scores. Sometimes they decline.

    We now know why the Kansas-controlled test scores have risen: The Kansas State Department of Education has lowered standards. Kansas Policy Institute has done the research.

    In Removing Barriers to Better Public Education, updated in June with new data, KPI concludes: “In 2000 and 2001 a student needed at least 87% correct answers in Reading to be Proficient (the second-highest performance level), but from 2002 through 2005 they only needed 80% correct answers to be Proficient (the third highest level) on the same test; Proficiency in Math required only 48% correct answers, down from 60%.”

    It’s not only KPI that has noticed that Kansas schools have low standards. Data from U.S. Department of Education’s National Center for Education Statistics (NCES) reveals that Kansas has low standards for its schools, compared to other states.

    These are the types of things the Kansas school public school establishment doesn’t want Kansans to know. Board of Education chair David Dennis uses his authority to silence those who might mention these facts.

    While Dennis squelches those who ask inconvenient questions about Kansas public schools, he floated a proposal to increase regulation of homeschooling in Kansas. It’s simply incredible that someone presiding over a failing system — and proud to be part of that system — would want to extend his influence and control over people who have taken great effort to escape the public schools.

    Related: Test scores decline; educators quick to blame funding cuts

  • Wichita economic development initiatives to be announced

    Tomorrow the Wichita Metro Chamber of Commerce will announce, according to the Wichita Eagle, new economic development initiatives. Said to be the product of months of discussion, past history suggests that the efforts will not be fruitful for the Wichita area. The inclinations of the parties involved in this effort are for more government intervention and less reliance on economic freedom and free markets.

    Do economic development incentives work?

    Judging the effectiveness of economic development incentives requires looking for the unseen effects as well as what is easily seen. It’s easy to see groundbreaking and ribbon cutting ceremonies. It’s more difficult to see that the harm that government intervention causes.

    That’s assuming that the incentives even work as advertised in the first place. Alan Peters and Peter Fisher, in their paper titled The Failures of Economic Development Incentives published in Journal of the American Planning Association, wrote on the effects of incentives. A few quotes from the study, with emphasis added:

    Given the weak effects of incentives on the location choices of businesses at the interstate level, state governments and their local governments in the aggregate probably lose far more revenue, by cutting taxes to firms that would have located in that state anyway than they gain from the few firms induced to change location.

    On the three major questions — Do economic development incentives create new jobs? Are those jobs taken by targeted populations in targeted places? Are incentives, at worst, only moderately revenue negative? — traditional economic development incentives do not fare well. It is possible that incentives do induce significant new growth, that the beneficiaries of that growth are mainly those who have greatest difficulty in the labor market, and that both states and local governments benefit fiscally from that growth. But after decades of policy experimentation and literally hundreds of scholarly studies, none of these claims is clearly substantiated. Indeed, as we have argued in this article, there is a good chance that all of these claims are false.

    The most fundamental problem is that many public officials appear to believe that they can influence the course of their state or local economies through incentives and subsidies to a degree far beyond anything supported by even the most optimistic evidence. We need to begin by lowering their expectations about their ability to micromanage economic growth and making the case for a more sensible view of the role of government — providing the foundations for growth through sound fiscal practices, quality public infrastructure, and good education systems — and then letting the economy take care of itself.

    Other economists have studied tax increment financing (TIF) and have concluded that it is an overall negative factor for the entire region where it is used. Another study found that TIF districts created for retail use had a negative effect on municipal employment.

    Last week Dave Trabert wrote in the Kansas Policy Institute blog: “There’s a very simple reason that these well-intended initiatives haven’t worked: local government and their public-private partners are offering employers what they want them to have instead of what they need to create jobs. The Wichita Chamber’s own survey of business owners said taxes were too high. WIBA’s member survey identified tax and regulatory issues as their top concerns, as did the US Chamber of Commerce. Yet government and their public-private partners ignore what the customer wants because they don’t want the same things.”

    Wichita’s record on economic development

    Earlier this year Wichita Mayor Carl Brewer said that the city’s efforts in economic development had created “almost 1000 jobs.” While that sounds like a lot of jobs, that number deserves context.

    According to estimates from the Kansas Department of Labor, the civilian labor force in the City of Wichita for December 2011 was 192,876, with 178,156 people at work. This means that the 1,000 jobs created accounted for from 0.52 percent to 0.56 percent of our city’s workforce, depending on the denominator used. This miniscule number is dwarfed by the normal ebb and flow of other economic activity.

    It’s also likely that the city’s economic development efforts were not responsible for a large proportion of these jobs. But government still takes credit. Also, the mayor did not mention the costs of creating these jobs. These costs have a negative economic impact on those who pay them. This means that economic activity — and jobs — are lost somewhere else in order to pay for the incentives.

    The mayor’s plan going forward, in his words, is “We will incentivize new jobs.” But under the mayor’s leadership, this “active investor” policy has produced a very small number of jobs, year after year. Doubling down on the present course is not likely to do much better.

    There’s even confusion over whether our efforts are working. In 2005, a Wichita Eagle editorial commented on a GWEDC report: “Among the points in Thursday’s report worthy of pride was this: the observation by coalition president J.V. Lentell that he’s never seen the cooperation on economic development between the public and private sectors as good as it is now. ‘I’m here to tell you, I think it’s on track,’ Lentell said, emphatically.” (July 29, 2005)

    But in January of this year, an Eagle article listed several things Wichita needs, such as free land and buildings, money for closing deals, and a larger promotions budget. The reporter concluded “The missing pieces have been obvious for years, but haven’t materialized for one reason or another.”

    So even if we believe that an active role for government is best, we have to conclude that our efforts aren’t working. Several long-serving politicians and bureaucrats that have presided over this failure: Mayor Carl Brewer has been on the city council or served as mayor since 2001. Economic development director Allen Bell has been working for the city since 1992. City Attorney Gary Rebenstorf has served for many years. At Sedgwick County, manager William Buchanan has held that position for 21 years. On the Sedgwick County Commission, Dave Unruh has been in office since 2003, and Tim Norton since 2001. (Unruh has said he wants to be Wichita’s next mayor.)

    These people all believe in government-directed economic development. We need to hold them accountable.

    Finally, consider Wichita job growth. As shown in the accompanying chart, the growth in government employees has outstripped private sector job growth. The increase in local government employees is particularly striking.

    Wichita job growthWichita job growth. Data is indexed, with 1990 equal to 1. Source: Bureau of Labor Statistics.

    What our leaders want

    I don’t know what will be in the economic development plan, but it is possible — likely, even — that there will be a call for a tax revenue stream for economic development. In February a company location consultant told Wichita leaders “Successful communities need a dedicated stream of money for economic development.” The news story reported “He was preaching to the choir. GWEDC leaders have been saying for some time that now is the time to go to the business community and the public to make the case for more money and resources.” (Consultant: Wichita needs sites, closing fund to lure business, Wichita Eagle February 16, 2012.)

    Wichita leaders continually call for more “tools in the toolbox” for economic development. They have spoken approvingly of a sales tax for such purposes. Money, of course, is what funds the tools.

    At one time local chambers of commerce would oppose tax increases. They would promote free market principles as the way to create a positive business environment. But this year it was the official position of the Wichita Chamber that eight government subsidy programs was not enough for a downtown hotel, and that there should be a ninth.

    A few years ago Stephen Moore wrote a piece for the Wall Street Journal that that shows how very often, local chambers of commerce support principles of crony capitalism instead of pro-growth policies that support free enterprise and genuine capitalism: “The Chamber of Commerce, long a supporter of limited government and low taxes, was part of the coalition backing the Reagan revolution in the 1980s. On the national level, the organization still follows a pro-growth agenda — but thanks to an astonishing political transformation, many chambers of commerce on the state and local level have been abandoning these goals. They’re becoming, in effect, lobbyists for big government. … In as many as half the states, state taxpayer organizations, free market think tanks and small business leaders now complain bitterly that, on a wide range of issues, chambers of commerce deploy their financial resources and lobbying clout to expand the taxing, spending and regulatory authorities of government. This behavior, they note, erodes the very pro-growth climate necessary for businesses — at least those not connected at the hip with government — to prosper. Journalist Tim Carney agrees: All too often, he notes in his recent book, ‘Rip-Off,’ ‘state and local chambers have become corrupted by the lure of big dollar corporate welfare schemes.’”

    Does Wichita have the will?

    Dr. Art Hall, who is Director of the Center for Applied Economics at the Kansas University School of Business has made a convincing case that less government involvement, not more, is needed. He argues that a dynamic economy is what Kansas needs, not one where government directs taxpayer investment for economic growth.

    Hall writes this regarding “benchmarking” — the bidding wars for large employers that are the foundation of Wichita economic development, and the battle for which Wichita is likely preparing: “Kansas can break out of the benchmarking race by developing a strategy built on embracing dynamism. Such a strategy, far from losing opportunity, can distinguish itself by building unique capabilities that create a different mix of value that can enhance the probability of long-term economic success through enhanced opportunity. Embracing dynamism can change how Kansas plays the game.”

    Hall’s paper on this topic is Embracing Dynamism: The Next Phase in Kansas Economic Development Policy.

    We need to recognize that government as active investor doesn’t work. A serious problem with a plan for increased economic interventionism by government is the very nature of knowledge. In a recent issue of Cato Policy Report, Arnold King wrote:

    As Hayek pointed out, knowledge that is important in the economy is dispersed. Consumers understand their own wants and business managers understand their technological opportunities and constraints to a greater degree than they can articulate and to a far greater degree than experts can understand and absorb.

    When knowledge is dispersed but power is concentrated, I call this the knowledge-power discrepancy. Such discrepancies can arise in large firms, where CEOs can fail to appreciate the significance of what is known by some of their subordinates. … With government experts, the knowledge-power discrepancy is particularly acute.

    Relying on economic freedom and free market solutions for economic growth and prosperity means trusting in the concept of spontaneous order. That takes courage. It requires faith in the values of human freedom and ingenuity rather than government control. It requires that government officials let go rather than grabbing tighter the reins of power, as will probably be the key feature of Wichita’s new economic development plan.

    But Wichita’s mayor is openly dismissive of economic freedom, free markets, and limited government, calling these principles “simplistic.” Instead, he and most others prefer cronyism and corporate welfare. That hasn’t worked very well so far, and is not likely to work in the future.

  • 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.

    Those who have made records requests in Kansas are probably not surprised that KPI has had difficulty in having its records requests respected and filled. In 2007 Better Government Association and National Freedom of Information Coalition gave Kansas a letter grade of “F” for its open records law. Last year State Integrity Investigation looked at the states, and Kansas did not rank well there, either. See Kansas rates low in access to records.

    This week KPI president Dave Trabert appeared before the Sedgwick County Commission to express his concerns regarding the failure of Greater Wichita Economic Development Coalition to fulfill a records request made under the provisions of the Kansas Open Records Act. Video is at Open government in Sedgwick County Kansas.

    While commissioners Karl Peterjohn and Richard Ranzau spoke in favor of government transparency and compliance with records requests, not all their colleagues agreed.

    Dave Unruh asked Trabert if GWEDC had responded to his records request. Trabert said yes, and the response from GWEDC is that the agency believes it has complied with the open records law. This, he explained, is a common response from agencies.

    Commission Chair Tim Norton expressed concern that any non-profit the commission gives money to would have to hire legal help, which he termed an unintended consequence. He made a motion to receive and file Trabert’s remarks, which is routine. His motion also included taking this matter under advisement, which is what politicians do in order to bury something. Unruh seconded the motion.

    Peterjohn made a substitute motion that a representative from GWEDC would appear before the commission and discuss the open records act. This motion passed four to one, with Unruh in the minority. Even though Norton voted in favor of Peterjohn’s motion, it’s evident that he isn’t in favor of more government transparency. Unruh’s vote against government transparency was explicit.

    Wichita school district records request

    USD 259, the Wichita public school district, also declined to fulfill a records request submitted by KPI. In a press release, KPI details the overly-legalistic interpretation of the KORA statute that the Wichita school district uses to claim that the records are exempt from disclosure.

    In a news report on KSN Television, school board president Lynn Rogers explained the district’s reason for denying the records request: “But some school board members with USD 259 in Wichita say, the numbers brought up in court are preliminary numbers. That’s the reason they are not handing them over to KPI. ‘We have worked very hard over the years to be very forthright and we’ve tried to disclose the information when we have it,’ says Lynn Rogers.’”

    This claim by Rogers — if sincere — is a break from the past. In 2008 Rogers told me that it is a burden when citizens make requests for records.

    Until recently the Wichita school district had placed its monthly checkbook register on its website each month, and then removed it after a month had passed. Rogers explained that the district didn’t have space on its servers to hold these documents. That explanation is total nonsense, as the pdf check register documents are a very small fraction of the size of video files that the district hosted on its servers. Video files, by the way, not related to instruction, but holding coverage of groundbreaking ceremonies.

    City of Wichita

    KPI has made records requests to other local governmental agencies. Some have refused to comply on the basis that they are not public agencies as defined in Kansas statutes. This was the case when I made records requests to Wichita Downtown Development Corporation, Greater Wichita Economic Development Coalition, and Go Wichita Convention and Visitors Bureau.

    In 2009 I addressed the Wichita City Council and asked that the city direct that WDDC follow the law and fulfill my records requests. (Video is at Video: City of Wichita and the Kansas Open Records Act.)

    In my remarks, I told Mayor Carl Brewer and the council this:

    The Kansas Open Records Act (KORA), in KSA 45-216 (a) states: “It is declared to be the public policy of the 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.”

    But in my recent experience, our city’s legal staff has decided to act contrary to this policy. It’s not only the spirit of this law that the city is violating, but also the letter of the law as well.

    Recently I requested some records from the Wichita Downtown Development Corporation. Although the WDDC cooperated and gave me the records I requested, the city denies that the WDDC is a public agency as defined in the Kansas Open Records Act.

    This is an important issue to resolve.

    In the future, requests may be made for records for which the WDDC may not be willing to cooperate. In this case, citizens will have to rely on compliance with the law, not voluntary cooperation. Or, other people may make records requests and may not be as willing as I have been to pursue the matter. Additionally, citizens may want to attend WDDC’s meetings under the provisions of the Kansas Open Meetings Act.

    Furthermore, there are other organizations similarly situated. These include the Greater Wichita Economic Development Coalition and the Go Wichita Convention and Visitors Bureau. These organizations should properly be ruled public agencies as defined in the Kansas Open Records Act so that citizens and journalists may freely request their records and attend their meetings.

    Here’s why the WDDC is a public agency subject to the Open Records Act. KSA 45-217 (f)(1) states: “‘Public agency’ means the state or any political or taxing subdivision of the state or any office, officer, agency or instrumentality thereof, or any other entity receiving or expending and supported in whole or in part by the public funds appropriated by the state or by public funds of any political or taxing subdivision of the state.”

    The Kansas Attorney General’s office offers additional guidance: “A public agency is the state or any political or taxing subdivision, or any office, officer, or agency thereof, or any other entity, receiving or expending and supported in whole or part by public funds. It is some office or agency that is connected with state or local government.”

    The WDDC is wholly supported by a special property tax district. Plain and simple. That is the entire source of their funding, except for some private fundraising done this year.

    The city cites an exception under which organizations are not subject to the Kansas Open Records Act: “Any entity solely by reason of payment from public funds for property, goods or services of such entity.”

    The purpose of this exception is so that every vendor that sells goods and services to government agencies is not subject to the Kansas Open Records Act. For example, if a city buys an automobile, the dealer is not subject simply because it sold a car to the city.

    But this statute contains an important qualifier: the word “solely.” In this case, the relationship between the City of Wichita and the WDDC is not that of solely customer and vendor. Instead, the city created a special tax district that is the source of substantially all WDDC’s revenue, and the existence of the district must be renewed by the city soon. The WDDC performs a governmental function that some cities decide to keep in-house. The WDDC has only one “customer,” to my knowledge, that being the City of Wichita.

    Furthermore, the revenue that the WDDC receives each year is dependent on the property tax collected in the special taxing district.

    The only reasonable conclusion to draw is that in terms of both funding and function, the WDDC is effectively a branch of Wichita city government.

    The refusal of the city’s legal department to acknowledge these facts and concede that the WDDC is a public agency stands reason on its head. It’s also contrary to the expressly stated public policy of the state of Kansas. It’s an intolerable situation that cannot be allowed to exist.

    Mr. Mayor and members of the council, it doesn’t take a liberal application of the Kansas Open Records Act to correct this situation. All that is required is to read the law and follow it. That’s what I’m asking this body to do: ask the city legal department to comply with the clear language and intent of the Kansas Open Records Act.

    The following year when WDDC’s contract was before the council for renewal, I asked that the city, as part of the contract, agree that WDDC is a public agency as defined in Kansas law. (Video is at Kansas Open Records Act at Wichita City Council.) Then-council member Paul Gray, after noting that he had heard all council members speak in favor of government transparency, said that even if WDDC is not a public agency under the law, why can’t it still proceed and fulfill records requests? This is an important point. The Kansas Open Records Act contains many exclusions that agencies use to avoid releasing records. But agencies may release the records if they want.

    Any council member could have made the motion that I asked for. But no one, including Gray, former council member Sue Schlapp, former member Jim Skelton (now on the Sedgwick County Commission), Mayor Carl Brewer, and council members Jeff Longwell (district 5, west and northwest Wichita), Janet Miller (district 6, north central Wichita), and Lavonta Williams (district 1, northeast Wichita) would make a motion to increase government transparency and citizens’ right to know. Wichita city manager Robert Layton offered no recommendation to the council.

    Last year I appeared again before the council to ask that Go Wichita agree that it is a public agency as defined in the open records act. 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.”

    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.”

    He recommended to the council, as I did, that the contract be contingent on Go Wichita following the Kansas Open Records Act.

    Discussion on this matter revealed a serious lack of knowledge by some council members regarding the Kansas Open Records Act. In remarks from the bench James Clendenin (district 3, southeast and south Wichita) asked the city manager a series of questions aimed at determining whether the city was satisfied with the level of service that Go Wichita has provided. He then extended that argument, wondering if any company the city contracts with that is providing satisfactory products or service would be subject to “government intrusion” through records requests. Would this discourage companies from wanting to be contractors?

    First, the Kansas Open Records Act does not say anything about whether a company is providing satisfactory service to government. That simply isn’t a factor, and is not a basis for my records request to Go Wichita. Additionally, the Kansas Open Records Act contains a large exception, which excepts: “Any entity solely by reason of payment from public funds for property, goods or services of such entity.” So companies that sell to government in the ordinary course of business are not subject to the open records law. Go Wichita is distinguished, since it is almost entirely funded by taxes and has, I believe, just a single client: the City of Wichita.

    Finally, we should note that the open records law does not represent government intrusion, as Clendenin claimed. Open records laws offer citizens the ability to get an inside look at the working of government. That’s oversight, not intrusion.

    Pete Meitzner (district 2, east Wichita) asked that there might be a workshop to develop a policy on records requests. He expressed concern that departments might be overwhelmed with requests from me that they have to respond to in a timely fashion, accusing me of “attempt to bury any of our departments in freedom of information acts [sic].” Such a workshop would probably be presented by Wichita City Attorney Gary Rebenstorf. His attitude towards the open records law is that of hostility, and is not on the side of citizens.

    In making this argument, Mr. Meitzner might have taken the time to learn how many records requests I’ve made to the city. The answer, to the best of my recollection, is that I made no requests that year to the city citing the open records act. I have made perhaps a half-dozen informal requests, most of which I believe were fulfilled consuming just a few moments of someone’s time.

    As to Meitzner’s concern over the costs of fulfilling records requests: The law allows for government and agencies to charge fees to fulfill requests. They often do this, and I have paid these fees. But more important than this, the attitude of council member Meitzner is troubling. Government should be responsive to citizens. As Randy Brown told the council, government should welcome opportunities to share information and be open and transparent.

    Michael O’Donnell (district 4, south and southwest Wichita) made a motion that the contract be approved, but amended that Go Wichita will comply with the Kansas Open Records Act. That motion didn’t receive a second.

    Brown and I appeared on the KAKE Television public affairs program This Week in Kansas to discuss this matter. Video is at In Wichita, disdain for open records and government transparency.

    Enforcement of Kansas Open Records Act

    In Kansas, when citizens believe that agencies are not complying with the Kansas Open Records Act, they have three options. One is to ask the Kansas Attorney General for help. But the policy of the Attorney General is to refer all cases to the local District Attorney, which is what I did. The other way to proceed is for a citizen to pursue legal action at their own expense.

    After 14 months, Sedgwick County DA Nola Foulston’s office decided in favor of the governmental agencies. See Sedgwick County DA Response to KORA Request to Wichita Downtown Development Corporation.

    When newspapers have their records requests refused, they usually give publicity to this. The Wichita Eagle is aware of my difficulties with records requests in Wichita, as their reporters have attended a number of meetings where my records requests were discussed, sometimes at length. But so far no coverage of an issue that, were the newspaper in my shoes, would undoubtedly covered on the front page. Something tells me that KPI won’t get any coverage, either.

    Additional information on this topic is at:

  • Kansas and Wichita quick takes: Thursday September 6, 2012

    Debbie Wasserman Schultz lies about lying

    During these convention weeks, advocates on both sides have been fact-checking the other side, and charges are being made about which side is the biggest, boldest liar. But when people lie about lying … that’s a whole new level. Human Events reports on DNC chair Debbie Wasserman Schultz and sums up this way: “It was already common knowledge that Wasserman Schultz is a serial liar — on one memorable recent occasion, when CNN host Wolf Blitzer called her out for lying about Paul Ryan’s Medicare reform proposals, she essentially insisted that the urgency of her political agenda gives her the right to lie as necessary.” See Debbie Wasserman Schultz Caught Lying about Lying.

    Speaking of facts and Politifact

    What happens when the fact checker of record isn’t reliable? That’s the situation Politifact finds itself in, according to reporting by Jon Cassidy in Human Events: “Once widely regarded as a unique, rigorous and reasonably independent investigator of political claims, PolitiFact now declares conservatives wrong three times more often than liberals. More pointedly, the journalism organization concludes that conservatives have flat out lied nine times more often than liberals.” More at PolitiFact bias: Does the GOP tell nine times more lies than left? Really?

    Your share of the debt

    Now that the U.S. national debt has passed $16 trillion (or $16,000,000 million as I like to say) you might be interested in learning the magnitude of your personal liability. The Economic Freedom Project has a calculator to tell you. Click on What’s Your Lifetime Share of the National Debt?

    Pachyderms to host House candidates

    This week the Wichita Pachyderm Club features Republican candidates for the Kansas House of Representatives. Scheduled to appear are: Jim Howell (District 81), John Stevens (86), George F. “Joe” Edwards II (93), Benny Boman (95), and Phil Hermanson (98). The public is welcome and encouraged to attend Wichita Pachyderm meetings. Meetings are Fridays at noon, in the Wichita Petroleum Club on the top floor of the Bank of America Building at 100 N. Broadway. The meeting costs $10, which includes a delicious buffet lunch and beverage. For more information click on Wichita Pachyderm Club.

    Even garage sales can’t escape the regulatory regime

    Kansas Policy Institute comments on garage sale regulations in Wichita.

    Apply for Wichita’s civilian sign corps

    Related to garage sale signs, Wichitans can now apply to be part of the civilian sign enforcement patrol. The city has made these documents available on its website: Overview of the Volunteer Sign Removal Program and Sign Removal Volunteer Application. If you want to participate in this program, you’ll need to complete a volunteer sign removal application, complete the required training course, sign a liability release, sign an oath or statement agreeing to abide by city codes and the program rules, submit to and successfully pass a background check, have valid Kansas drivers license, have a currently registered vehicle in good operating condition, have current vehicle insurance, commit to a geographic area and time, commit to safety first; appropriately use provided vests and tools, commit to provide required reports, commit to dispose of signs as directed, commit to wear the provided identification badge, and commit to allowing only authorized (city trained and approved) persons to remove signs. The city also advises applicants to check with their insurance agents for coverage relative to the use of vehicles in this program. I can’t imagine most auto insurance companies will be happy that their customers are using their cars in a quasi-law enforcement application. … For more on why this law is a bad idea, see Proposed Wichita sign ordinance problematic.

    Activists organize!

    As a result of an excellent day-long training session recently produced in Wichita by Campaign for Liberty, activists that support limited government and free markets are meeting regularly. For information about the Wichita meetings, contact John Axtell.

    The seven rules of bureaucracy

    In this article, authors Loyd S. Pettegrew and Carol A. Vance quote Thomas Sowell: “When the government creates some new program, nothing is easier than to show whatever benefits that program produces. … But it is virtually impossible to trace the taxes that paid for the program back to their sources and to show the alternative uses of that same money that could have been far more beneficial.” In order to understand the foundation of America’s morass, we must examine bureaucracy. At the root of this growing evil is the very nature of bureaucracy, especially political bureaucracy. French economist Frédéric Bastiat offered an early warning in 1850 that laws, institutions, and acts — the stuff of political bureaucracy — produce economic effects that can be seen immediately, but that other, unforeseen effects happen much later. He claimed that bad economists look only at the immediate, seeable effects and ignore effects that come later, while good economists are able to look at the immediate effects and foresee effects, both good and bad, that come later. … Both the seen and the unseen have become a necessary condition of modern bureaucracy. (Bastiat: That Which Is Seen, and That Which Is Not Seen.) The first rule? “Maintain the problem at all costs!”

    Democracy, or majority rule?

    A new video from LearnLiberty.org, a project of Institute for Humane Studies is titled Should Majorities Decide Everything? To me, the most important part is near the end, when the speaker says that without a properly limited government, rule by majority “substitute[s] the tyranny of a king with the tyranny of a larger group.” LearnLiberty also explains: “According to Professor Munger, democratic constitutions consist of two parts: one defining the limits within which decisions can be made democratically, and the other establishing the process by which decisions will be made. In the United States Constitution, the individual is protected from majority decisions. Professor Munger warns, however, that these protections are slowly being stripped away as American courts of law fail to recognize the limits of what can be decided by majority rule.”

  • Renewable Portfolio Standard costly for Kansas

    A policy promoted by Kansas Governor Sam Brownback will result in higher electricity costs, fewer jobs, and less investment in Kansas.

    This is the conclusion of a new study by Kansas Policy Institute and Beacon Hill Institute. The policy is Renewable Portfolio Standard, or RPS, which mandates that a minimum amount of a state’s electricity be produced by renewable sources. In Kansas, the primary renewable source of electricity is wind.

    In a press release accompanying the report, KPI said “Renewable energy is more expensive than conventional energy, so government mandates are necessary to ensure that more renewable energy is purchased. However, the unseen consequences of well-intended efforts to increase energy independence are rarely considered. The authors estimate that by 2020, the average household’s electricity bill will increase by $660, approximately 12,000 fewer jobs will have been created, and business investment in the state will be $191 million less than without the mandate.” The press release and summary is at The Economic Impact of the Kansas Renewable Portfolio Standard, and the full report is here.

    Brownback has supported, first as U.S. Senator and now Kansas Governor, renewable portfolio standards, mandating the production of wind power. U.S. Senator Jerry Moran favors the production tax credit that makes wind feasible, but forces taxpayers to subsidize an expensive form of energy. Together they penned an op-ed that tortures logic to defend the tax credits. Each has spoken out on his own on the national stage. See Brownback on wind, again and Wind energy split in Kansas.

    Driving through western Kansas and marveling at all the wind farms might lead one to conclude that the efforts of Brownback and Moran are a success. Viewing the spinning turbines — when they are in fact spinning — is just the start of understanding the impact of wind power, mandates for its use, and taxpayer subsidy for its production. The KPI report is an important document that lets us understand more of the full effect of renewable portfolio standards.