Topeka ? A state judge today ruled that Gov.-elect Kathleen Sebelius was within the law in directing secret meetings of task forces to analyze state spending and services.

But in his 12-page ruling, Shawnee County State District Court Judge Eric Rosen was critical of Sebelius’ decision.

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“When meetings that directly impact public policy of our state occur out of the public’s eye or ear, our democracy is put in jeopardy,” Rosen wrote.

Sebelius’ contention that the meetings were held behind closed doors to elicit candid comment “simply misses the point,” Rosen said. “The time has long passed that critical public policy decisions can be formulated and based on privately held discussion and secret meetings that hold no one accountable.”

But Rosen said that he had no option but to rule in Sebelius’ favor because the task forces appointed by Sebelius did not fall within the scope of the Kansas Open Meetings Act.

Kansas news organizations, including the Lawrence Journal-World, filed the lawsuit after Sebelius appointed members of her Budget, Efficiency Savings Teams (BEST) and had them meet privately to come up with ways to save state money and change state services.

Sebelius argued that since she was not yet governor, she was not a state official covered by the Open Meetings law. In addition, she claimed that her transition office was not an official state agency that fell under that law.

Rosen agreed.

“While plaintiffs have suggested Kathleen Sebelius is the equivalent of governor, that is a leap this court is unwilling to take,” he wrote.

Sebelius has said that once she is sworn into office next Monday, any subsequent BEST meetings will be open to the public.

For more information on this story, pick up a copy of Tuesday’s Journal-World.