By Sherman Smith | editor-in-chief
Good morning! Loyal readers may recall our fight for open records last year when the Senate Committee on Government Efficiency, or COGE, refused to turn over public suggestions for the committee until after the session ended. We obtained leaked copies of the emails and wrote about how the public was largely at odds with the committee’s work.
In May of last year, I filed a complaint with the Kansas Attorney General’s Office for what I believe to be violations of the Kansas Open Records Act. I provided evidence that Sen. Renee Erickson, the COGE chair, unlawfully delayed the release of public records and applied unwarranted redactions to some of the records. For example, the Senate president’s name was blacked out in some critical emails.
Well, earlier this week, legislative leaders learned the AG’s office was proceeding with my complaint against Erickson — and the AG’s office was unwilling to defend her from my complaint. The legislative leaders agreed to spend $20,000 to hire an attorney to defend her.
Senior reporter Tim Carpenter explains the situation in his story below. Attorney Max Kautsch adds more context with his column, which shows how the state could avoid this situation by creating an independent panel to investigate open records complaints. As it is, the Attorney General’s Office faces an inherent conflict of interest: It is responsible for both investigating transparency complaints against government agencies and for representing those government agencies.
To be clear, Kansas Attorney General Kris Kobach did the right thing in this situation.
As I told Carpenter for his story: “I am thankful the Kansas Attorney General’s Office is taking its responsibility seriously when it comes to investigating open records complaints. Rather than hire an attorney, the Legislature could simply admit that it violated the law when it needlessly withheld public records and obscured them with capricious redactions. Kansas Reflector will continue our relentless fight for transparency at all levels of government.”
I talk a lot about holding powerful people accountable as a core part of our mission. That isn’t just lip service. But it takes resources. Please consider supporting our mission today with a tax-deductible donation.
Grace Hills for Kansas Reflector
Legislature hires defense attorney for senator named in open records complaint from Kansas Reflector
TOPEKA — The leadership council of the Kansas Legislature hired a defense lawyer to represent Sen. Renee Erickson against a Kansas Open Records Act complaint filed by Kansas Reflector after the state’s attorney general declined to provide counsel to the senator.
Erickson, the Wichita Republican chairwoman of the Senate Committee on Government Efficiency, or COGE, was informed by Attorney General Kris Kobach that his office wouldn’t represent her in the wake of a KORA complaint. The bipartisan Legislative Coordinating Council responded Tuesday by voting to allocate $20,000 to employ Edward Greim, a Kansas City, Missouri, attorney and former chairman of the Missouri Republican Party, to handle Erickson’s defense.
“Sen. Erickson did make a request of the attorney general’s office for representation in her official capacity. That request was denied,” said Gordon Self, who leads the Legislature’s Office of Revisor of Statutes. “This is the first case I’ve been involved in where there was a KORA complaint and a need for representation.”
Morgan Chilson/Kansas Reflector
OPINION
Kansas records conflict could be handled more smoothly by an open government advisory board
By Max Kautsch
On Wednesday, the state of Kansas allocated $20,000 to retain outside counsel to represent a member of the Kansas Legislature in a complaint Kansas Reflector brought under the Kansas Open Records Act more than a year ago.
This expenditure was required because the Attorney General’s Office faced a conflict of interest between its duties to represent state officials and agencies in legal disputes on one hand, and on the other, to enforce KORA.
Taxpayers should not be on the hook simply because state law creates an unresolved conflict of interest for the body enforcing not only KORA but also its companion, the Kansas Open Meetings Act. Rather, the law should empower the agency enforcing those laws to be free to construe them liberally and enforce them rigorously, not give it an excuse to bow out.
Sherman Smith/Kansas Reflector
Committee stalls ‘activist’ attorney’s appointment to Kansas public defender board
TOPEKA — A Senate committee withheld approval of a Lawrence attorney’s nomination to serve on the state’s public defender board after a senator said she was an “activist.”
Sen. Tim Shallenburger, a Baxter Springs Republican serving on the Confirmation Oversight Committee, said Tuesday he wouldn’t vote to affirm attorney Meredith Schnug’s nomination to the Kansas State Board of Indigents’ Defense. Instead, he asked that her nomination be left to the full Senate when lawmakers return in January.
“I believe that Meredith Schnug is more of an advocate than we need, an activist,” Shallenburger said.
Kansas governor achieves goal to open early childhood office, months before her term ends
TOPEKA — Kansas Gov. Laura Kelly said at a celebration Wednesday that she accomplished her “No. 1 priority” by opening the Kansas Office of Early Childhood.
Kansas Democrat bows out of 4th District congressional race
TOPEKA — Cole Epley announced Wednesday he was suspending his congressional campaign and endorsed Chris Carmichael for the Democratic nomination in the Wichita-area 4th District.
Come on down to the Great American State Fair — there’s plenty of room
WASHINGTON — The Great American State Fair on the National Mall has all the trappings of a classic state fair: food vendors, merchandise, a Ferris wheel and scores of activities.
A sweaty Fourth of July ahead for the US as extreme heat descends on 20 states
WASHINGTON — As outdoor celebrations and events marking the nation’s 250th anniversary and the World Cup reach their peak, local officials across the country are urging caution amid a heat wave blanketing many East Coast and Midwestern states.
UPCOMING EVENTS
Kansas Reflector staff will participate in the following free public forums.
1 p.m. July 11, South Branch Library in Kansas City, Kansas. Opinion editor Clay Wirestone joins a panel discussion: "Elected vs Appointed: Inform Your Choice." Hosts: Voter Rights Network of Wyandotte County, Advocates for Immigrant Rights and Reconciliation, the League of Women Voters of Johnson County, and El Centro.
2 p.m. Sept. 27, Red Rocks Visitor Center in Emporia. Host: Red Rocks.
If you're interested in having us talk in your town, email Sherman Smith at [email protected].
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