New state law clarifies Open Meetings Act

? A new law taking effect in July makes it clear that public officials can’t use a series of one-on-one meetings, e-mails or texting to skirt Kansas’ open meetings law.

Doug Anstaett, executive director of the Kansas Press Association, said Wednesday the new law corrects a defect in a law enacted last year. The change made its way through the Legislature this year largely unnoticed, passing both chambers without a dissenting vote.

“Our intent was to make it illegal to have secret meetings, and we didn’t accomplish that with our original language,” Anstaett said. “This was an attempt to make it more enforceable.”

He said the change makes clear that it’s illegal for one member of a governing body to communicate individually with other members if together they make up a majority, talk about a common topic and try to reach agreement on an issue that requires binding action.

It also makes clear the law applies to all forms of communications, including in-person conversations, telephone calls, texting and e-mails.

Gov. Kathleen Sebelius signed the bill Tuesday without comment.

Don Moler, League of Kansas Municipalities executive director, said the key to whether the open meetings law is violated is what’s being discussed, not whether members of a governing body are seen talking.

“Talking about how the Royals or Chiefs are going to do this, that is not in violation of the open meetings law,” he said. “It’s not just the head count. It also has to do with the substance of communications.”

The Kansas Open Meetings Act was first enacted in 1972 and makes it the state’s policy that the public’s business ought to be conducted in the open.

Specific exceptions include discussions involving personnel, contract negotiations and confidential data. However, binding action must take place in an open meeting.