A Douglas County District Court judge today ordered Kansas University to release public information requested by the Journal-World and 6News about KU Athletic Director Lew Perkins’ salary.

“…it is ordered that KU must immediately release the Employment Agreement and the Retention Payment Agreement to the plaintiffs,” District Judge Jack Murphy wrote in his memorandum decision.

KU had argued the state’s open records law exempts disclosure of most of Perkins’ financial compensation.

But Murphy, in his ruling, said, “The court finds that the defendants have failed to establish that the claimed exemption applies to the documents the plaintiffs have requested.” He also said the university “misapplied the language” of the Kansas Open Records Act.

Under an earlier order, the records will remain sealed for a month to give KU time to respond.

The lawsuit was filed in January by the World Company, which operates the J-W and 6News. The Associated Press and Kansas Press Assn. later joined the litigation. The judge’s order was filed late Friday with the Douglas County District Court Clerk.

KU issued the following response late this afternoon:

“We are reviewing our legal options, one of which is whether to appeal the judge’s ruling. That decision will be made soon.

“This afternoon, Judge Murphy agreed that his order does not require immediate release of Athletics Director Lew Perkins’ employment agreement and retention payment agreement. The judge’s order will be amended to state that the release of the documents will not occur until the expiration of the time for taking an appeal or, in the event of an appeal, until the Court of Appeals has made a decision.

“Throughout this case, our actions have been based on a legitimate difference of opinion regarding the reasonable interpretation of the Kansas statute. Judge Murphy acknowledged as much by finding that the university ‘did not act in bad faith’ by denying the records request.”

Memorandum decision and order, World Company v. University of Kansas (pdf) J-W argues for opening Perkins’ contract (9-04-04) KU claims pay records ‘clearly off-limits’ (7-28-04) KU gives records on AD to judge (6-23-04) KU again refuses to release AD salary (05-13-04) Perkins filling KU coffers (03-06-04) Journal-World, 6News file lawsuit to see KU records (01-31-04) Newspaper demands release of records (1-17-04) 6Sports video: Perkins’ compensation a mystery (1-17-04) KU refuses to release athletic-department salaries (1-6-04)