Open Meetings Law: Does It Apply In Kansas?

The Kansas Open Meetings Act (KOMA) is a law that ensures that meetings for the conduct of governmental affairs and the transaction of governmental business are open to the public. The law defines a government meeting as any gathering of the majority of a government body intending to discuss public business. Notable exemptions to this definition include impeachment hearings and certain meetings exempted by other state or federal statutes. The act also allows for government agencies to recess into closed sessions, with a vote by a majority of the members, to discuss matters such as personal information of non-elected individuals, attorney-client privilege consultation, trade secrets, matters relating to students or patients at state institutions, and property acquisitions.

What is the Kansas Open Meetings Act?

The Kansas Open Meetings Act (KOMA) is a law that ensures all meetings for the conduct of governmental affairs and the transaction of governmental business are open to the public. The Act was established in recognition of the fact that a representative government is dependent upon an informed electorate.

The Act applies to all public bodies and agencies, and any meetings held by these bodies and agencies must be open to the public. The Act also allows for closed or executive meetings under specific conditions. For example, if a body or agency needs to discuss personnel matters of non-elected personnel, confidential data relating to financial affairs, or matters relating to security measures.

To recess to a closed or executive meeting, a formal motion must be made and seconded. The motion must include a statement describing the subjects to be discussed, the justification for closing the meeting, and the time and place at which the open meeting will resume. No binding action can be taken during closed or executive meetings, and these meetings cannot be used to subvert the policy of open public meetings.

The Act also includes provisions for quasi-judicial deliberations, where certain administrative bodies are not required to have open meetings when exercising quasi-judicial functions.

Which government meetings are open to the public?

The Kansas Open Meetings Act (KOMA) defines a government meeting as any gathering of the majority of a government body with the intention of discussing public business. This includes meetings of committees and subcommittees, as well as meetings held via telephone or video conference.

The following government meetings are open to the public:

• Meetings of the state legislature and its committees and subcommittees
• Meetings of state administrative bodies, boards, and commissions
• Meetings of the State Board of Regents
• Meetings of the State Board of Education
• Meetings of the Kansas Turnpike Authority
• Meetings of the Supreme Court Nominating Commission
• Meetings of local conservation districts, irrigation districts, groundwater management districts, watershed districts, municipal energy agencies, and other special district governments

However, there are some notable exemptions to the definition of a public meeting. Impeachment hearings, meetings of the parole board to conduct parole hearings, and meetings exempted by other state or federal statutes are not considered public meetings and may not be open to the public.

It is important to note that while most government meetings are open to the public, the public may not always be allowed to speak or participate in the meetings. The location, size of the room, and other accommodation-type considerations are also not dictated by KOMA.

What government bodies are subject to the laws?

The Kansas Open Meetings Act (KOMA) applies to all legislative and administrative bodies of the state and its subdivisions, as well as political subdivisions. This includes:

• State and local legislative bodies and their committees and subcommittees
• State administrative bodies, boards, and commissions
• State Board of Regents
• State Board of Education
• Kansas Turnpike Authority
• Supreme Court Nominating Commission
• Local governments such as conservation districts, irrigation districts, groundwater management districts, watershed districts, municipal energy agencies, and other special district governments

The Act also explicitly includes advisory committees created by the governor's office and the Sunflower Foundation: Healthcare for Kansas organisation.

Notable exemptions to the definition of a public body under KOMA include any bodies that function in a quasi-judicial capacity, such as the parole board conducting parole hearings. Certain state bodies, such as the Judicial Branch and local bodies exercising quasi-judicial powers, are also excluded from the requirements of KOMA.

What are the notice requirements?

The Kansas Open Meetings Act (KOMA) does not require notice of meetings to be published. However, according to KSA 75-4318(b), notice must be given to any person or organisation that requests it. This includes both oral and written requests for notice. If an organisation or group of individuals requests notice, designating a single individual from the group to receive the notice is considered satisfactory.

Notice requests may expire at the end of a fiscal year, but the public body must notify the person or group of the pending expiration before terminating the notice. The presiding officer has the duty to provide notice, but this duty may be delegated. No time limit is imposed for the receipt of notice prior to the meeting.

Notice may be given in writing or orally, but it must be made individually to the person requesting it. Posting or publishing a notice in a newspaper is insufficient. A single notice can suffice for regularly scheduled meetings, and there is also a duty to notify of any special meetings. No fee may be charged for providing notice.

Petitions for notice may be submitted by groups of people, but notice need only be provided to one person on the list, designated as required by law. All members of an employee organisation or trade association are deemed to have received notice if it is furnished to the executive officer of the organisation.

What are the common executive session exemptions?

The Kansas Open Meetings Act (KOMA) allows bodies to recess their open meetings for closed or executive sessions to discuss certain topics. The following are common exemptions for executive sessions:

• Personnel matters of non-elected personnel: This includes employee discipline, hiring, firing, promotions, and other matters concerning individuals, such as students or hospital patients, where releasing information would violate a reasonable right to privacy.
• Attorney-client privilege and litigation: This covers situations involving attorney-client privilege and pending litigation strategy.
• Security and police information: This includes direct security exemptions to protect infrastructure and police-related exemptions to safeguard police officers, undercover agents, informants, and investigations.
• Purchase or sale of property: Discussions about the pending sale or acquisition of real property are often exempt from open meetings.
• Union negotiations: This exemption protects labour negotiations, including collective bargaining meetings and discussions about bargaining tactics.
• Licensing exams and decisions: This exemption covers conversations about extending or revoking state-issued licenses and licensing examinations.
• Other legal exemptions: This usually includes exemptions for state open records laws and federal laws, but it can also be broadly interpreted to include other applicable state laws.

The Kansas Open Meetings Act is very specific about the procedure a body must follow when moving into an executive session. Any motion to recess for a closed meeting must include a statement of justification, the subjects to be discussed, and the time and place for resuming the open meeting. During an executive session, only the specified topic should be discussed, and no binding action can be taken.

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