The Kansas Open Meetings Act and Kansas Open Records Act are two important pieces of legislation that regulate the activities of public officials in Kansas municipal government. They are related in that both intend to provide, transparency, public confidence, and access to important information about local government processes for the private citizens.
The Kansas Open Meetings Act directs when and how public officials call a meeting. It specifies notice requirements and directs the production of agendas and minutes. The Act also provides rights to the public, such as the right to use video or audio recording devices at public meetings, while also preserving the right of public officials to prevent disruptions or safety hazards.
The Kansas Open Records Act provides access to public documents by private individuals. The law provides when a person, group, or public agency must make documentation public and determines which documents must be made accessible to the public. The law is distinct from, but similar to the Freedom of Information Act, except that it applies to state documents.
Although both of these laws contain strict rules for disclosure and the production and availability of documentation relating to government activities there are limits to their requirements. The following examples illustrate how these laws impact citizen access to public affairs in Kansas:
QUESTION NO. 1
I was at a restaurant the other evening and saw two of the city council members visiting at a table. Isn't that a violation of the open meetings law?
Not necessarily. As used in the Kansas Open Meetings Act, a "meeting" means any gathering, assembly, telephone call or any other means of interactive communication by a majority of a quorum of the membership of a body or agency for the purpose of discussing business or affairs of the body or agency. If the two of them did not constitute a majority of the members, or if they were not discussing business affairs related to city matters, there would be no violation of the law.
There is a very limited exception to this rule. The group can go into an executive session after convening an open meeting in order to discuss a matter if it is among the legally enumerated topics for such a discussion and the correct procedure is followed for entering into an executive session.
QUESTION NO. 2
I noticed in the paper the other day that the City Council will be discussing an issue related to my neighborhood. Is it possible for me to receive a copy of the minutes regarding these discussions?
Yes. The Kansas Open Records Act requires that all public records shall be open for inspection by any person unless otherwise provided by the Act. A "public record" means any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in possession of any public agency. . .". Under the Act, an individual is allowed to obtain copies of the public records. You may be required to pay a minor fee for the reproduction of the record.