Kansas legislators express support for transparency bills

TOPEKA – A bill that would open up private e-mails sent by public employees about government business drew bipartisan support Tuesday.

“I don’t think, as a matter of public policy, that it’s appropriate to be able to avoid the requirements of (the Kansas Open Records Act) merely by using a different means of communication,” Kansas Attorney General Derek Schmidt said in a Senate Judiciary Committee hearing Tuesday.

Senate Bill 361 would make information made by an employee of a public agency concerning public business available to a Kansas Open Records Act request, regardless of “form, characteristics or location.”

The addition of “location” would apply to employees who conduct government business on their private e-mail accounts. That issue arose last year when The Eagle reported that Gov. Sam Brownback’s budget director used a private account to e-mail lobbyists a draft copy of the governor’s proposed budget before lawmakers saw it.

The bill emphasizes “the content of electronically transmitted public work while taking away that stumbling block of who owns the technology,” said Sen. Molly Baumgardner, R-Louisburg.

“We’re taking a step in the right direction to support … open and transparent government,” said Senate Minority Leader Anthony Hensley, D-Topeka. “What we do in this building as lawmakers and state officials sets the example for other officials across the state.”

The Kansas Press Association and the Kansas Association of Broadcasters voiced support for the bill. There was no opposition to it.

Lawmakers also considered Senate Bill 360, which would change the Kansas Open Meetings Act and require city or county government officials to provide more information about why they close a meeting to the public and media.

They would be required to describe the “particular subjects” of the meeting and justify why it would need to be closed.

Most speakers voiced support for the bill. But representatives of the Kansas Association of Justice and the League of Kansas Municipalities worried that vague language would lead to confusion and potential lawsuits.

This story was originally published February 2, 2016 at 6:12 PM with the headline "Kansas legislators express support for transparency bills."