J-W and other news organizations file suit against Sebelius

The Lawrence Journal-World and other news organizations sued Gov.-elect Kathleen Sebelius on Wednesday over plans by teams she appointed to review state government to conduct closed meetings.

The news organizations filed their lawsuit in Shawnee County District Court. They include The Associated Press, the Kansas Press Association, the Kansas Association of Broadcasters, the Journal-World and at least 10 other newspapers.

“Regardless what the governor elect says, these teams are doing the public’s business, and the public has every right to know what’s being discussed,” said Richard Brack, Journal-World managing editor. “Hiding the deliberations behind closed doors will cast doubt on the teams’ recommendations and make the new governor’s job more difficult.”

“All Kansans have a right to know about their government,” said Paul Stevens, AP bureau chief for Kansas and Missouri. “Public officials must not hide the public’s business behind a veil of secrecy.”

Sebelius spokeswoman Nicole Corcoran-Basso had no immediate comment.

The lawsuit named Sebelius and her transition office as defendants and asked Judge Eric Rosen to order the six government review teams to comply with the Kansas Open Meetings Act. No hearing date has been set.

Rick Thames, editor of The Wichita Eagle and legislative liaison for the press association, said the review teams will be recommending where to cut government spending.

“It’s important work,” he said. “It ought to be done in full public view. Otherwise, people are going to have a lot of questions later about why these task forces targeted some areas for cuts while passing over others.”

The filing came a day after Sen. David Adkins, R-Leawood, resigned as leader of a team studying public safety agencies, saying he wanted his team’s meetings to be open.

“For me, it’s as simple as when the people’s business is being discussed, people have a right to be there,” Adkins said. “The (budget) problem is of such magnitude that I think we owe it to ourselves as policy-makers to take as many people along on this journey as possible.”

Sebelius has said the teams would conduct public hearings but also would have some closed meetings to discuss recommendations for her.

The governor-elect and her aides have said they do not believe the teams are subject to the meetings law, which requires government boards and commissions to have open sessions and notify the public of their meetings.

Attorney General Carla Stovall’s office has said the Budget Efficiency Savings Teams will fall under the meetings law once Sebelius is inaugurated as governor on Jan. 13.

Until then, Sebelius is a private citizen, and the law does not apply to her teams, Stovall has said.

In the lawsuit, the news organizations argued that the teams fall under the Open Meetings Act, even before Sebelius becomes governor. The lawsuit’s filing followed negotiations Tuesday with Sebelius’ staff.

“The governor-elect’s team could have avoided a lawsuit easily by doing the right thing and opening these meetings to the public,” Stevens said.

Thames added: “I still want to believe that Kathleen Sebelius stands for open government and someone is simply giving our new governor bad advice. Hundreds of public boards meet all over this state in the open, every day, and all of them deal with issues every bit as sensitive as what these task forces have in front of them.”

In announcing his resignation, Adkins also cited scheduling conflicts that prevented him from attending either of his committee’s first two meetings. “The meetings were scheduled without consulting my calendar,” Adkins said.

Adkins told reporters that his hearings would be open to the public. But at his committee’s first hearing two weeks ago, the panel’s acting chairman closed the hearing even though reporters showed up to cover the proceedings.