Bill limiting public access to police disciplinary records advances

? A bill that would limit access by the public and press to records about disciplinary actions against law enforcement officers moved forward in the Kansas House on Tuesday after it was changed in response to concerns of open records advocates.

The bill concerns records of the Kansas Commission on Peace Officers Standards and Training, or CPOST, the state agency that governs the certification, training and discipline of state and local law enforcement officers.

That agency oversees investigations of complaints against law enforcement officers. It also keeps a central registry of all law enforcement officers in the state, including records of disciplinary actions and terminations.

In its original form, House Bill 2070 would have declared that central registry a “confidential” document and sealed it off from disclosure under the Kansas Open Records Act. The Kansas Press Association strongly opposed that measure, and the bill was amended to declare the registry a “personnel” record that is not required to be disclosed under the Open Records Act but that may be disclosed under certain circumstances.

When the bill reached the floor of the House on Feb. 9, however, Rep. John Carmichael, D-Wichita, said he realized there was another section of the bill that would have permanently sealed off records of complaints or investigations of officers who are accused of misconduct.

The bill was then referred back to the Judiciary Committee for further changes.

The final version of the bill treats those investigation records in the same way the Open Records Act treats other criminal investigation records, which means they can be disclosed at the discretion of the agency once an investigation is completed, or by a court order if a judge determines disclosure of the records would be in the public interest.

The House advanced the bill toward final action Tuesday on an unrecorded voice vote. A final vote to send the bill to the Senate is scheduled for Wednesday.