Increase transparency in state government

Though the Brownback administration may resist both, two recent efforts on behalf of a more transparent executive branch are worth cheering.

The administration filed a motion Thursday indicating it will appeal the Sept. 18 ruling that the governor should release information about applicants for the Saline County Commission. Gov. Sam Brownback picked the two new commissioners late last year, after voters opted to expand the panel. But he refused to release information about those who applied.

That led to a legal challenge from the Salina Journal and Associated Press, and then the decision by Shawnee County District Judge Rebecca Crotty that the applications were “not for state employment” and therefore were not exempt under the Kansas Open Records Act. The judge also said that some specific personal details could be redacted, such as Social Security numbers, and that KORA exceptions are to be narrowly interpreted.

The ruling wouldn’t apply, unfortunately, to the similar secrecy that Brownback has used to fill vacancies on the Sedgwick County District Court, as those judges are state employees.

But in the spirit of the judge’s order in the Saline County case, Brownback could and should release the names of the applicants or at least the finalists seeking to replace Sedgwick County District Judge Eric Yost, who stepped down to become county counselor. Brownback has 90 days from Sept. 11 to name a new judge, and will take applications until Oct. 23, according to Brownback spokeswoman Eileen Hawley. But if his office follows the process it used to pick two other local judges this year, it will only say how many attorneys applied.

Like county commission seats, district court judgeships are elected positions. Anyone who seeks such a vacant post should be prepared for the transparency and public scrutiny that are part of running for and serving in elective office. Treating these appointments like personnel matters and keeping all applicants’ names secret ends up making the administration look as if it has something to hide.

Meanwhile, a study committee of the Kansas Judicial Council merits praise for its progress toward legislation that would ensure work-related e-mails from government officials are open records, even if they are sent using privately owned devices or private e-mail accounts. “There is consensus in the committee that it’s about content, not location,” said Sen. Molly Baumgardner, R-Louisburg, who chairs the panel.

The committee was formed after The Eagle reported that Brownback administration officials had used private e-mail accounts to conduct public business, and Attorney General Derek Schmidt said that such e-mails were not public records. The panel’s recommendations will go to the Judicial Council and then the Legislature, which should act without delay to close KORA’s loophole on private e-mails.

An accountable government provides citizens an unobstructed view of its work.

For the editorial board, Rhonda Holman

This story was originally published October 5, 2015 at 7:06 PM with the headline "Increase transparency in state government."