Should Kansas have a state auditor? Democrats say yes, Kobach no

Two Kansas Democrats running for governor want to create a statewide office to look into your complaints about shady government practices.

Republican candidate and Secretary of State Kris Kobach is opposed.

A state auditor would probe agencies that skirt transparency laws, or dig into departments that cut corners. Democrats Josh Svaty and Carl Brewer said they support an auditor after a Kansas City Star editorial on Sunday proposed the position.

“I believe an open and accessible government begins with leaders who are willing to listen to each other and all Kansans to find solutions that work for everyone. A state auditor will provide an unbiased leader for all Kansans to turn to with their concerns about their government,” Svaty said.

Brewer said that while he supports the idea of an auditor, he is concerned about insulating the office from political pressure.

“Would the state auditor be protected from the whims of different administrations or majorities in the Legislature? We currently fail to fund our schools properly despite a constitutional requirement. How would funding be ensured?” Brewer said.

“We have already seen a statewide office in Kansas used to pursue a political agenda by our current Secretary of State,” Brewer said, referring to Kobach, who has championed voter identification requirements. “Any new office with the power to prosecute would need strict rules and impartiality.”

In a series of stories last week, The Star reported on numerous instances of Kansas government secrecy, from records kept under wraps in police shootings to alleged document shredding within the Department for Children and Families. The stories have for the moment pushed transparency issues to the forefront of the governor’s race.

A number of states have auditors, including in Missouri, where the position is elected and partisan. The Kansas Legislature currently has an auditing arm, but it only investigates issues at the direction of a legislative committee.

Republican and Democratic candidates said in statements on Monday that they support efforts to make Kansas government more transparent. But some were wary of creating more government and the costs of a new office when asked about the potential for a state auditor.

Ed O’Malley, a Republican entrepreneur, flirted with the idea but stopped short of an outright endorsement.

“This is all about leadership. We need a Governor who leads and demands transparency. More bureaucracy is not the solution. Kansas needs fewer career politicians, not more. On second thought, Kris Kobach is really only a quarter-time Secretary of State. Maybe we can redirect 3/4 of his pay and try out a state auditor?” O’Malley said.

Kobach said “superficially, it might sound nice” to create a state auditor. But he noted Kansas previously had a state auditor. The position was eliminated in 1972 after a commission on executive reorganization.

“The last thing the people of Kansas need is more bureaucracy and another government agency. It is better to simply fix what’s broken, that is why I’m calling for a law to end the practice of unrecorded committee votes,” Kobach said, referring to votes taken by legislative committees where lawmaker votes are not recorded.

Rep. Jim Ward, the House Democratic leader and a candidate for governor, said Kansas needs more transparency and accountability in government but stopped short of supporting an auditor. “Before I would spend millions of taxpayer dollars on more employees, we need strong leaders who will demand transparency and accountability,” Ward said. “That’s the kind of governor I’ll be.”

Creating a new statewide, elected auditor would require a state constitutional amendment. Two-thirds of the Legislature would have to approve it and a majority of Kansas voters would also have to sign off.

While the governor doesn’t have a say in the process, his support – or opposition – would influence the process.

Lt. Gov. Jeff Colyer is set to become governor if Brownback is confirmed by the U.S. Senate to an ambassadorship. Spokeswoman Kara Fullmer said Colyer “believes that transparency is vital for fostering trust in government. He looks forward to working to improve transparency when he becomes Governor.”

She said Colyer will provide more specific details after the transition.

Senate Vice President Jeff Longbine, R-Emporia, said that the parameters for the position would need to be more clearly spelled out before he could support creating a new state office.

“I don’t know that I’m opposed to it. But I would like to see what kind of scope their job position would entail,” Longbine said.

“I guess I tend to think if you look at the number of legislative oversight committees we have… I don’t know that we need to create another level of bureaucracy,” Longbine said. “But I would certainly go into it with open mind.”

Rep. Troy Waymaster, a Bunker Hill Republican who chairs the House budget committee, said he doubted the idea would gain traction during the final year of the current administration.

Any serious discussion of creating a new auditor position would have to take place after the 2018 election, Waymaster said. And creating a new office would be complicated by the fact that the state is already facing a school finance decision that could cost hundreds of millions to address.

“How exactly do they propose funding this position?” Waymaster said. “It’s a very big question. I’m not saying the position may not be warranted. I’m saying given the fiscal situation that the state of Kansas is in, how do we fill this position?”

“We’re on an extremely tight budget,” Waymaster said, noting that earlier this month state agencies put in requests for $274 million in additional funding after suffering multiple rounds of budget cuts in recent year.

The Legislature could take other steps short of creating an elected position.

Ron Keefover, president of the Kansas Sunshine Coalition for Open Government, said the Legislature could establish a commission that would name an auditor to investigate transparency issues.

“An elected position would raise questions of partisanship but I think other states have avoided it by having open government commissions established,” Keefover said.

The Kansas Attorney General’s office is tasked with investigating – and prosecuting – violations of the state’s open records and open meetings laws. The office also holds periodic training courses.

But as a prosecutor, the attorney general is confined to violations of the law. The office does not report on conduct that falls short of legal violations but is still concerning or not in line with best practices.

This story was originally published November 20, 2017 at 10:13 AM with the headline "Should Kansas have a state auditor? Democrats say yes, Kobach no."