Kansans who support government transparency were disappointed last week by an attorney general’s opinion stating that the private email of government officials isn’t a public record even if the messages being sent are discussing government business.

The good news, however, is that Attorney General Derek Schmidt also could see there was something wrong with that situation. In response, he proposed legislation on Wednesday to help close the private email loophole in the Kansas Open Records Act.

The issue arose in connection with a message sent through Budget Director Shawn Sullivan’s personal email account outlining the governor’s budget proposal. The email, which included budget details that hadn’t been shared with the public or the Kansas Legislature, was sent to some of the governor’s close advisers, including two who now are registered lobbyists. When news organizations sought the release of the message, they were told that private emails don’t fall under the open records act and Sullivan had no obligation to release it.

The case drew attention to a huge flaw in the state law. Under Schmidt’s interpretation, any amount of serious state business could be discussed and perhaps decided through email communication on non-government accounts.

That is the law, Schmidt said, but the proposal he revealed on Wednesday indicated that he agreed that wasn’t the way the law should be.

Schmidt’s proposal would establish limits to protect private content in government employees’ personal email while also making clear that public employees can’t use private email accounts to skirt the requirements of the open records law. Any email used to conduct or transact public business would be considered “pursuant to their official duties,” Schmidt said, and therefore would be considered a public record.

Correcting this law is an important step toward protecting open government in Kansas and warrants the immediate attention of state legislators. Congratulations to Schmidt for taking quick action on this issue. Lawmakers should follow his lead and fix the open records loophole before the end of the current session.