COLUMBUS — A Cherokee County commissioner who disclosed information to a reporter now is the target of a criminal complaint.
Kansas newspaper officials are worried a criminal investigation involving a Cherokee County commissioner could have a chilling effect on news reporting throughout the state.
The case involves Commissioner Pat Collins, who could face criminal charges for disclosing to a news reporter the identity of two sheriff's deputies who were investigated for alleged misuse of a county credit card.
Larry Hiatt, publisher of the Baxter Springs News, said the case threatens to put a new twist on the Kansas Open Records Act by prohibiting public officials from releasing any information not discussed in an open meeting.
"That's the thing that concerns me," he said, "because it could stop people from talking completely."
The controversy began in April when a number of Cherokee County sheriff's deputies went to San Diego for a training course, officials said.
Credit card receipts showed that on their way home the deputies stopped at a Las Vegas casino and used the county credit card at an ATM to get $200 cash.
County commissioners, including Collins, met with Cherokee County Sheriff Bob Creech in executive session June 7 to discuss the incident.
Afterward, Collins -- a former sheriff who was ousted from office last year by Atty. Gen. Carla Stovall -- showed a Baxter Springs News reporter a copy of a memo Creech wrote identifying the deputies.
Creech also released copies of the memo to news media but blacked out the names of the officers involved.
None of the deputies was prosecuted for misusing the credit card, though two reportedly were reprimanded.
When the News published a story naming the two officers, Creech filed complaint against Collins for "official misconduct."
The complaint was investigated by the Kansas Bureau of Investigation, which sent its report to a special prosecutor appointed to deal with the case. The special prosecutor so far has not said whether he will file a criminal charge.
Under state law, K.S.A. 21-3902, "official misconduct" includes "using confidential information acquired in the course of (one's public office) ... to maliciously cause harm to another."
The law also defines "confidential" as information not subject to mandatory disclosure under the Kansas Open Records Act.
"We're concerned about the chilling effect (of this case)," said David Furnas, executive director of the Kansas Press Assn.
"It's becoming increasingly apparent that there are violations of the Open Meetings Act, and we need to have some mechanism to defend against that," Furnas said. "In the past, that mechanism was the honesty of a few commission members. This may have a chilling effect on their candor."
-- Peter Hancock's phone message number is 832-7144. His e-mail address is phancock@ljworld.com.
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