KANSAS OFFICE of
  REVISOR of STATUTES

  

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75-4317. Open meetings declared policy of state; citation of act. (a) In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the policy of this state that meetings for the conduct of governmental affairs and the transaction of governmental business be open to the public.

(b) It is declared hereby to be against the public policy of this state for any such meeting to be adjourned to another time or place in order to subvert the policy of open public meetings as pronounced in subsection (a).

(c) K.S.A. 75-4317 through 75-4320a shall be known and may be cited as the open meetings act.

History: L. 1972, ch. 319, § 1; L. 1975, ch. 455, § 1; L. 1999, ch. 96, § 1; July 1.

Law Review and Bar Journal References:

"The Kansas Open Meeting Act: Sunshine on the Sunflower State?" Deanell R. Tacha, 25 K.L.R. 169, 174, 177, 189, 199, 203 (1977).

"Open Meetings Profile: The Prosecutor's View," Bradley J. Smoot and Louis M. Clothier, 20 W.L.J. 241 (1981).

"1999 Legislative Wrap Up," Ron Smith, 68 J.K.B.A. No. 7, 16 (1999).

"Recall of Local Elected Officials in Kansas," Rich Smith and Theresa Nuckolls, 70 J.K.B.A. No. 8, 18 (2001).

"Kansas Sunshine Law: How Bright Does It Shine Now? The Kansas Open Meetings and Open Records Acts," Theresa "Terry" Marcel, 72 J.K.B.A. No. 5, 28 (2003).

"Kansas Sunshine Law; How Bright Does it Shine Now? The Kansas Open Meetings Act," Theresa Marcel Nuckolls, 72 J.K.B.A. No. 6, 34 (2003).

Attorney General's Opinions:

Levees; powers of county commissioners. 90-69.

Grounds for recall of elected officials; sufficiency; petition; alleged violations open meetings act; county commission district boundary change. 90-120.

Open meetings act; executive sessions; applicability; persons entitled to attend; actions taken. 91-31.

Open public meetings; executive sessions; subjects for discussion; persons in attendance; attorney-client privileged communications. 92-56.

Parental boards to Valley Center recreation commission are subject to open public meetings act. 93-73.

Notice of adjourned, recessed or continued meetings subject to open meetings act. 96-14.

Deliberations involving exercise of quasi-judical function exempt from open meetings act. 1997-41.

Interactive communication; real time; serial communications such as calling tree. 1998-26.

Not-for-profit corporation, although receiving some public funds, is not subject to Kansas open meetings act. 1999-64.

Application of Kansas Open Meetings Act to non-City Council meeting. 2000-64.

Prayer meeting by members of city council is not a "meeting" for purposes of Kansas Open Meetings Act. 2001-27.

Electronic mail (e-mail) may qualify as "public record" under KORA but e-mail between individual city commissioners, which is not made or maintained through city resources, is not a public record. 2002-1.

Nonlegislative health related functions may be delegated to Flint Hills Community Health Center. 2003-25.

Sheltered Living, Inc. is not a public entity and is not subject to provisions of KOMA and KORA. 2004-34.

Person not yet confirmed by senate may attend board meetings as any member of public may do. 2007-13.

Board for technical college is subject to open meetings act. 2007-17.

General discussion of quality of care and staffing at county hospital not allowed in executive session; exception concerning individuals. 2008-22.

Evaluation of an employee may be discussed during the executive session but the topic of policy or directive adopted by a governing body must be within the context of such employee's performance. 2009-21.

Interactive communication does not occur when a non-member of a body communicates with a majority of that body and a member responds and shares the response with other members. 2009-22.

Public entity subject to the Kansas open meetings act may conduct meetings outside of Kansas or by teleconference or videoconference if it complies with all of the requirements of the Kansas open meetings act. 2011-23.

Applicants for workers compensation administrative law judges, appeals board members or employment security board of review members are not personnel within the meaning of the Kansas open meetings act. 2016-3.

CASE ANNOTATIONS

1. Question of right of public to attend party caucus moot; under facts no additional relief could be granted. Burnett v. Doyen, 220 K. 400, 401, 552 P.2d 928.

2. Unannounced gathering prior to scheduled meeting constituted violation of open meetings law. Coggins v. Public Employee Relations Board, 2 K.A.2d 416, 423, 581 P.2d 817.

3. Meetings in executive sessions of regional planning commission did not vitiate its action. International Villages, Inc., of Amer. v. Board of Comm'rs of Jefferson Co., 224 K. 654, 659, 585 P.2d 999.

4. Act applicable to corporation commission. Southwestern Bell Tel. Co. v. Kansas Corporation Commission, 6 K.A.2d 444, 459, 629 P.2d 1174 (1981).

5. Act was enacted for the public benefit and is therefore construed broadly in favor of the public to give effect to its specific purpose. State ex rel. Murray v. Palmgren, 231 K. 524, 530, 646 P.2d 1091 (1982).

6. Arbitration board created by contract between school district and private contractor is not subject to Kansas open meetings act. In re Arbitration between Johns Constr. Co. & U.S.D. No. 210, 233 K. 527, 528, 664 P.2d 821 (1983).

7. Cited in holding 12-529 constitutional delegation of authority to cities to alter boundaries. Board of Riley County Comm'rs v. City of Junction City, 233 K. 947, 949, 950, 959, 667 P.2d 868 (1983).

8. Cited by dissent on question of timely appeal from school board decision to not renew teacher contract. Atkinson v. U.S.D. No. 383, 9 K.A.2d 175, 179, 675 P.2d 917 (1984).

9. No authority for private individual to bring action to void acts performed in violation of open meetings law. Stoldt v. City of Toronto, 234 K. 957, 962, 678 P.2d 153 (1984).

10. Non-prearranged recess gathering of county commissioners not violation of open meetings act. Stevens v. Board of Reno County Comm'rs, 10 K.A.2d 523, 524, 525, 710 P.2d 698 (1985).

11. Redress for technical violations of KOMA not mandatory; mandamus lies requiring prepared agenda to include topics planned for discussion. Stevens v. City of Hutchinson, 11 K.A.2d 290, 293, 726 P.2d 279 (1986).

12. Open meetings act examined; management company leasing from county hospital board not subject to KOMA. Memorial Hospital Ass'n, Inc. v. Knutson, 239 K. 663, 669, 670, 722 P.2d 1093 (1986).

13. Cited; act confers no constitutional rights and court has no jurisdiction to determine if act applicable. Boster v. Philpot, 645 F.Supp. 798, 808 (1986).

14. Statutes require specificity when stating grounds for recall of public officer. Unger v. Horn, 240 K. 740, 743, 732 P.2d 1275 (1987).

15. If segregation of exempt and nonexempt topics make coherent discussion impossible it may be reasonable to close entire meeting. State v. U.S.D. No. 305, 13 K.A.2d 117, 120, 764 P.2d 459 (1988).

16. Act does not limit authority of county commission to increase quorum requirements under home rule powers (19-101 et seq.). State ex rel. Stephan v. Board of Sedgwick County Comm'rs, 244 K. 536, 540, 770 P.2d 455 (1989).

17. Act not violated where consensus only reached in executive session; advance preparation of resolution reflecting expected action not due process violation. O'Hair v. U.S.D. No. 300, 15 K.A.2d 52, 53, 66, 805 P.2d 40 (1991).

18. Neither PERB nor employees' union subject to limitations of open records act (45-215 et seq.) when acting under sanctioned activities of PEERA. State Dept. of SRS v. Public Employee Relations Board, 249 K. 163, 170, 815 P.2d 66 (1991).

19. The definition of "meeting" contained in KOMA examined and held not to include telephone calls. State ex rel Stephan v. Board of Seward County Comm'rs, 254 K. 446, 447, 449, 866 P.2d 1024 (1994).

20. Board's denial of request to record investigatory session not violative of Kansas Open Meetings Act. Abbott v. Kansas Board of Examiners in Optometry, 268 K. 739, 1 P.3d 318 (2000).

21. Cited; violations of open meetings act listed as sufficient for recall of elected official. Collins v. Hoeme, 40 K.A.2d 93, 96, 189 P.3d 566 (2008).


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