Legislative leaders authorize $15,000 to attorney for school-funding brief

Legislative leaders authorized an additional $15,000 to their school finance lawyer on Saturday after a dispute over whether he should, under his current contract, provide his opinion on the constitutionality of the new funding formula passed by the Legislature.

Democrats voted against authorizing the attorney, Republican former Sen. Jeff King, to write a brief on the new formula at a cost of not more than $15,000. They argued he should provide his opinion under his current $50,000 contract. The authorization passed 5-2, with every Republican leader voting in favor.

The legislative leadership acted at a hastily called meeting of the Legislative Coordinating Council, which makes internal administrative decisions for the Legislature. The vote came in the last few hours of the 2017 legislative session.

The Legislature approved a new school funding plan earlier this week that provides additional funding for schools. Gov. Sam Brownback has not yet taken action on the bill.

Lawmakers were under a deadline imposed by the Kansas Supreme Court to enact a new formula by June 30. The court will have to review the formula before it goes into effect.

Legislative leaders hired King in April to provide advice as lawmakers crafted the formula. He is also compiling minutes of legislative proceedings related to school finance, and Democrats sought assurances on Saturday that lawmakers will have the chance to review and approve the minutes before they are potentially sent to the court. Republican leaders said they would.

The meeting of the council came after Senate Minority Leader Anthony Hensley, D-Topeka, sent a text to King asking for his opinion of the constitutionality of the new formula. King’s contract requires him to provide “unofficial advisory opinions on any legal question … related either directly or indirectly related” to complying with the Supreme Court on school finance.

“I believe that providing an unofficial advisory opinion is under the purview of his current contract, which he should do under the $50,000 that we’ve paid him,” Hensley said.

Senate President Susan Wagle, R-Wichita, said the Legislature had hit the $50,000 limit.

“He’s reached the maximum, and we thought it was an excellent idea when the minority leader from the Senate brought it up that he comment on the constitutionality,” Wagle said.

This story was originally published June 10, 2017 at 5:44 PM with the headline "Legislative leaders authorize $15,000 to attorney for school-funding brief."