Tag: Kansas legislature

Articles about the Kansas legislature, both the House of Representatives and the Senate.

  • In Kansas, base state aid is only a small part of spending

    In Kansas, base state aid is only a small part of spending

    chalkboard-portion-800Considering only base state aid per pupil leads to an incomplete understanding of school spending in Kansas. The Gannon school finance decision reinforces this.

    Much of the discussion surrounding school funding in Kansas has centered around base state aid per pupil. It’s the starting point for the Kansas school finance formula, and therefore an important number.

    Ratios of school spending to base state aid.
    Ratios of school spending to base state aid.
    Base state aid per pupil has fallen in recent years. Because of this, public school spending advocates claim that spending has been cut. But that’s not the case. As shown in the nearby chart, there has been a steady increase in measures of school spending when compared to base state aid.

    Considering Kansas state spending only, the ratio of state spending to base state aid was 1.10 in 1998. By 2013 that ratio had risen to 1.82, an increase of 65 percent for the ratio.

    For total spending, the ratio rose from 1.86 to 3.33 over the same period, an increase of 79 percent.

    What’s important to realize is that the nature of Kansas school funding has changed in a way that makes base state aid per pupil less important as a measure of school spending. Research from Kansas Policy Institute has shown that while base state aid per pupil has not grown, total state spending on schools has grown. Two reasons are rising spending on KPERS pension contributions and aid to schools for bond construction projects. The largest factor is rapid growth in the spending produced by the school finance formula’s various weightings.

    A chart is available from KPI at Simple Comparisons of Base State Aid are Deceptive.

  • WichitaLiberty.TV: Kansas school finance lawsuit, problems solved?

    WichitaLiberty.TV: Kansas school finance lawsuit, problems solved?

    In this episode of WichitaLiberty.TV: The Kansas Supreme Court handed down its ruling in Gannon v. Kansas, the school finance lawsuit. What did the court say, and did it address the real and important issues with Kansas schools? Episode 37, broadcast March 30, 2014. View below, or click here to view on YouTube.

  • Rural Kansans’ billion-dollar subsidy of wind farms

    Rural Kansans’ billion-dollar subsidy of wind farms

    From Kansas Policy Institute.

    Rural Kansans’ Billion-Dollar Subsidy of Wind Farms

    By Dave Trabert

    Kansas wind turbinesNo, I’m not talking about any federal tax subsidies or mandates to buy high-cost wind energy that have forced higher taxes and electricity prices on every citizen. This billion-dollar gift comes in the form of local property tax exemptions. In some ways, this handout is even more insidious because the cost is borne by a relatively small number of Kansas homeowners and employers in the rural counties where wind farms exist.

    Under current law, renewable energy producers enjoy a lifetime exemption from property taxes in Kansas. I testified last week in support of SB 435 to limit their property tax exemption to ten years.  As shown on an attachment to my testimony, the Kansas Legislative Research Department says there is a $108.4 million annual difference between the small fees paid in lieu of taxes and the taxes that would be due if taxed at the regular rates within each county. So technically, the legislation would only “limit” the property tax gift to $1.1 billion over ten years on existing wind farms; more tax gifts would still be done on new wind farms and other renewable energy facilities.

    And while renewable energy producers were basically getting a free ride, property taxes on everyone else where going through the roof!

    Giving property tax exemptions to private companies, regardless of the rationale, only increases everyone else’s property tax. Local government spending is not curtailed to absorb the exemption; cities and counties just raise taxes on everyone else. We encouraged the Legislature to also require that local mill rates be reduced proportionately if these property tax gifts are limited to ten years so that the new revenue from renewable energy producers’ property tax is used to reduce the burden on everyone else. (You should have seen the stink-eye this produced from the tax-and-spend crowd.)

    Predictably, wind farm lobbyists lined up to protest that this legislation would increase their property taxes and send a bad message to the wind industry. Even local governments are opposed to taking away the exemption — after all, they can get their money from everyone else and take credit for bringing jobs and investment to their communities. They refuse to acknowledge that any economic benefit enjoyed by the green energy industry (and their own political benefit) comes out of the pockets of everyone else.

    P.S. Remember this billion-dollar gift the next time you’re angered by cronyism in Washington, DC. Bad players in Washington often learn their craft at the state level; fending off bad policy at the state level has many long term benefits.

  • In Kansas, the Blob is worked up

    In Kansas, the Blob is worked up

    apple-chalkboard-books“Education reformers have a name for the resistance: the education ‘Blob.’ The Blob includes the teachers unions, but also janitors and principals unions, school boards, PTA bureaucrats, local politicians and so on.” (John Stossel, The Blob That Ate Children.)

    In Kansas, we’re seeing the Blob at full activation, vigorously protecting its interests. The source of the Blob’s consternation is a bill in the Kansas Legislature that would add charter schools and tax credit scholarships to the educational landscape in Kansas. (Kansas does have charter schools at present, but the law is so stacked in favor of the Blob’s interests that there are very few charter schools.)

    An example of a prominent spokesperson for the Blob is the Wichita Eagle’s Rhonda Holman. She recently wrote regarding Kansas school funding: “In the Kansas Speaks survey released last fall by the Docking Institute of Public Affairs at Fort Hays State University, two-thirds said they wanted to see more K-12 state funding.”

    I don’t doubt that these results are accurate. The desire for good schools is nearly universal. But when we look at the beliefs of people, we find that they are, largely, uninformed and misinformed about the level of school spending. Kansas Policy Institute commissioned a survey that asked the public a series of questions on schools and spending. (See Citizens generally misinformed on Kansas school spending.) A key finding is that most people think that schools spend much less than actual spending, and by a large margin. Further, most people think spending has declined, when in fact it has risen. These finding are similar to other research commissioned by KPI, and additional surveys by other organizations at the national level.

    Not surprisingly, when citizens and taxpayers learn the true level of school spending, their attitude towards school spending changes. That’s dangerous to school spending advocates — the Blob. It diminishes their most compelling arguments for more school spending — “it’s for the kids.”

    The Eagle editorial board, along with the Kansas City Star, has been instrumental in misinforming Kansans about school spending. These newspapers continually use base state aid per pupil as the measure of schools spending, when in fact this is just a fraction of total spending on schools. (See Here’s why Kansans are misinformed about schools.)

    The survey that Holman relies upon as evidence of the desire for more school spending didn’t ask — as far as I know — questions to see if respondents were informed on the issue. Even worse: Instead of seeking to educate readers on the facts, Holman resorts to demagoguery and demonizing, referring to “education reforms coveted by some conservatives and the American Legislative Exchange Council.” There, the two evils: Conservatives and ALEC, the substance of her argument.

    Reform in Kansas

    There are two reforms being talked about in Kansas that are popular in other states. Popular except with the Blob, that is.

    One is a tax credit scholarship program. This lets corporations make contributions to organizations that would provide scholarships for students to attend private schools. The corporations would then receive credits against their income tax. The Blob opposes programs like this. The Blob says that these programs simply let students that are already in private or church schools have the state pay their tuition.

    But the proposed law in Kansas this year, as in years past, contains these provision: For the scholarship program, students must qualify as “at-risk” students and be attending a school that qualifies as “title I,” a program that applies to schools with many students from low-income families.

    Further, the student must have been enrolled in a public school before seeking a scholarship, unless the student is less than six years old.

    Together these requirements rebut the argument of the Blob: That the scholarships are just a way for children already in private or church schools to get tax funds to pay for their schools. Instead, the law targets these scholarships at students from low-income households.

    Another possible reform is charter schools. These are schools that are public schools and receive public funding, but operate outside the present education establishment and local school boards. The Blob objects to this because they say that without government oversight, charter schools aren’t held accountable. The Blob must forget that charter schools are accountable to parents of children, which is a higher standard than the accountability of government bureaucrats. Also, unlike the regular public schools, the government can’t force children to attend a charter school.

    The Blob criticizes charter schools because they say they “cherry-pick” the best students, leaving public schools with the worst. Here’s what the proposed Kansas law says: “A public charter school shall enroll all students who wish to attend the school.” If more students apply than the school has space, students will be selected via lottery. In most areas that have charter schools, there are many more aspirants than available spaces, and students are chosen by lottery. That would undoubtedly be the case in Kansas.

    The Blob says that charter schools pick only the students they want, and therefore lead to segregation. Here’s the proposed law: “A public charter school shall be subject to all federal and state laws prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry or need for special education services.”

    Here’s what the Blob really hates: “A public charter school shall be exempt from all laws and rules and regulations that are otherwise applicable to public schools in this state.” And also this: “Teachers in public charter schools shall be exempt from the teacher certification requirements established by the state board.”

    The Blob values its rules and regulations that make work for its fleets of bureaucrats. Never mind that these regulations probably don’t increase student learning. That’s not the point.

    And the political muscle of the Blob, the teachers unions? Well, charter school teachers usually aren’t unionized. The union is in favor of public schools only if the the teachers are in unions.

    What the Blob won’t tell you

    The Kansas Blob is proud of Kansas schools, partly because of scores on the National Assessment of Educational Progress (NAEP), known as “The Nation’s Report Card.” Kansas ranks pretty high among the states on this test. It’s important, however, to examine the results from a few different angles to make sure we understand the entire situation. An illustrative video is available here.

    Visualization of National Assessment of Educational Progress scores.
    Visualization of National Assessment of Educational Progress scores.
    Data for the 2013 administration of the test was just released. I’ve gathered scores and made them available in a visualization that you can use at wichitaliberty.org. The most widely available NAEP data is for two subjects: reading and math, and for two grades, fourth and eighth. The video presents data for Kansas, Texas, and the average for national public schools. I choose to compare Kansas with Texas because for several reasons, Kansas has been comparing itself with Texas. So let’s look at these test scores and see if the reality matches what Kansas school leaders have said.

    Looking at the data for all students, you can see why Kansas school leaders are proud: The line representing Kansas is almost always the highest.

    NAEP makes data available by ethnic subtypes. If we present a chart showing black students only, something different appears. Now Texas is higher than Kansas in all cases in one, where there is a tie.

    If we consider Hispanic students only: Texas is higher in some cases, and Kansas and Texas are virtually tied in two others. National public schools is higher than Kansas in some cases.

    Considering white students only, Texas is higher than Kansas in three of four cases. In some cases the National public school average beats or ties Kansas.

    So we have what seems to be four contradictory statements, but each is true.

    • When considering all students: Kansas scores higher than Texas.
    • Hispanic students only: Kansas is roughly equal to Texas.
    • Black students only: Kansas scores below Texas.
    • White students only: Kansas scores below Texas in most cases.

    When you hear the Blob trumpet high Kansas test scores, does it also explain the nuances? No, of course not, But you can examine these test scores in an interactive visualization.

    Kansas school standards

    Another problem you won’t hear about from the Blob: Kansas has low standards for its schools. Even worse, at a time when Kansas was spending more on schools due to an order from the Kansas Supreme Court, the state lowered its already low standards for schools.

    Kansas school standards for grade 4 reading compared to other states.
    Kansas school standards for grade 4 reading compared to other states.
    This is the conclusion of the National Center for Education Statistics, based on the most recent version of Mapping State Proficiency Standards Onto the NAEP Scales. NCES is the primary federal entity for collecting and analyzing data related to education in the U.S. and other nations, and is located within the U.S. Department of Education and the Institute of Education Sciences.

    The mapping project establishes a relationship between the tests each state gives to assess its students and the National Assessment of Education Progress, a test that is the same in all states. As explained in Kansas school standards and other states, Kansas standards are relatively low, compared to other states. This video explains. (View below, or click here to view in HD at YouTube.)

    For Kansas, here are some key findings. First, NCES asks this question: “How do Kansas’s NAEP scale equivalent scores of reading standards for proficient performance at grades 4 and 8 in 2009 compare with those estimated for 2005 and 2007?”

    For Kansas, the two answers are this (emphasis added):

    “Although no substantive changes in the reading assessments from 2007 to 2009 were indicated by the state, the NAEP scale equivalent of both its grade 4 and grade 8 standards decreased.

    Also: “Kansas made substantive changes to its reading grade 8 assessment between 2005 and 2009, and the NAEP scale equivalent of its grade 8 standards decreased.

    In other words, NCES judged that Kansas weakened its standards for reading performance.

  • Could lower open records fees threaten Kansans’ safety?

    business-records-file-foldersTravis Perry of Kansas Watchdog reports that governmental agencies fear that fulfilling records requests will cost too much and eliminate a necessary revenue stream. But there are solutions that may not be under consideration. For example, instead of supplying accident reports singly as they are requested, law enforcement agencies could simply make all such reports available. I can hear the objections, such as it will cost too much for each agency to maintain a website for the purposes of making reports available. But each agency doesn’t have to establish and maintain a website. The state (or someone else) could easily and inexpensively establish a website for the purpose of distributing such documents. Or, this sounds like a good project for the trade associations that officials join, and for which taxpayers pay membership dues and fees.

    Lobbyist says lower open records fees could threaten Kansans’ safety

    By , March 19, 2014

    COST CONSCIOUS: Opponents of a bill targeted at reducing the cost of acquiring public documents say it will eliminate a necessary revenue stream for many Kansas government entities.

    By Travis Perry | Kansas Watchdog

    TOPEKA, Kan. — According to Kansas law enforcement lobbyist Ed Klumpp, too much government transparency could be a bad thing.

    Firing a verbal warning shot Wednesday morning against legislation sponsored by Pittsburg Republican Sen. Jacob La Turner, Klumpp said Senate Bill 10, which would lower the cost of accessing government documents in the Sunflower State, has the potential to dramatically affect public safety.

    In contention is a provision within La Turner’s bill that would require public entities to provide free of charge either the first hour of staff time or 25 copies, whichever comes first, to individuals requesting public documents.

    Klumpp suggested that preventing law enforcement agencies from charging for the most commonly requested documents, such as accident reports, would eliminate a key source of revenue to avoid diverting resources from elsewhere.

    “It’ll be fewer dollars to buy police equipment, fewer dollars to put into investigations,” Klumpp told members of the House Federal and State Affairs committee.

    LaTurner called the assumption utterly ridiculous, and stated that document retrieval fees have been a veritable cash cow for public entities for years.

    “They’ll say anything to hold onto their funding sources, no matter how unfair,” LaTurner said.

    The 90 minutes of testimony offered to House lawmakers in the Old Supreme Court Room took on an adversarial flair, with media and private citizens facing off against county and local government officials.

    Doug Anstaett, executive director of the Kansas Press Association, said he has seen time and again how public entities have used excessive fees to effectively close off public documents.

    “If a private citizen cannot afford the record, it’s a closed record,” Anstaett said.

    In that same vein, Albert Rukwaro, a journalist and Topeka resident formerly of Kenya, cautioned state lawmakers by pointing to widespread issues in his country of origin.

    “One of the leading causes of runaway corruption in government and lack of accountability is when citizens don’t have access to information in the government sector,” Rukwaro said. “America’s democracy and transparency are a beacon of light to the world. Please don’t dim it.”

    Elected officials from cash-strapped Kansas counties argue it’s a matter of fiscal feasibility.

    Anna Morgan-Stanley, register of deeds for Jewell County, said the vast majority of requests she receives would fall under reduced fee requirements laid out in LaTurner’s bill. Last year, Stanley said she collected just over $2,000 in document retrieval fees, and that for Jewell County it’s about survival.

    “When we are unable to recoup the costs of the copies and the staff time we’re providing them, that puts a burden on our already financially burdened general fund,” Stanley told lawmakers.

    Republic County register of deeds Peggy Frint echoed similar sentiments. While proponents suggested the reduced cost measures would encourage governments to make more information available online, Frint said she simply doesn’t have the funds to accomplish such a feat.

    “I realize that $1,200 in copy fees for a county is not much, but it’s better than nothing, and we need all the help we can get to put into our general fund,” Frint said.

    Opponents stated that capping costs for individuals would simply impose the fees on the broader public.

    “Somebody is going to pay. These costs don’t just go away,” Klumpp said. “Either it’s the people requesting the copy or the taxpayers across the community.”

    Committee chair Rep. Steve Brunk, R-Wichita, closed the meeting by musing how it’s not too different from distributing the cost of public infrastructure.

    “I understand there are certain roads in my city that I will never drive on, but my tax dollars will go to repair those roads,” Brunk said.

    Senate Bill 10 was approved by the Kansas Senate 33-7 on Feb. 27. In addition to providing some open records free of charge, LaTurner’s bill would also limit the hourly fee a government could charge for various services, such as legal review by an attorney at no more than $60 per hour. See more details here.

    Contact Travis Perry at travis@kansaswatchdog.org, or follow him on Twitter at @muckraker62. Like Watchdog.org? Click HERE to get breaking news alerts in YOUR state!

  • During Sunshine Week, here are a few things Wichita could do

    During Sunshine Week, here are a few things Wichita could do

    Wichita City Budget Cover, 1960The City of Wichita says it values open and transparent government, but the city could improve several areas of providing information and records to citizens.

    The City of Wichita is proud to be an open and transparent governmental agency, its officials say. Wichita Mayor Carl Brewer often speaks in favor of government transparency. For example, in his State of the City address for 2011, he listed as an important goal for the city this: “And we must provide transparency in all that we do.” When the city received an award for transparency in 2013, a city news release quoted Wichita City Manager Robert Layton:

    “The City Council has stressed the importance of transparency for this organization,” City Manager Robert Layton said. “We’re honored to receive a Sunny Award and we will continue to empower and engage citizens by providing information necessary to keep them informed on the actions their government is taking on their behalf.”

    Attitude

    Despite the proclamations of the mayor and manager, the city needs a change of attitude towards government transparency. Here’s perhaps the most glaring example of how the city goes out of its way to conduct public business in secret.

    Citizen watchdogs need access to records and data. The City of Wichita, however, has created several not-for-profit organizations that are controlled by the city and largely funded by tax money. The three I am concerned with are the Wichita Downtown Development Corporation, Go Wichita Convention and Visitors Bureau, and Greater Wichita Economic Development Coalition. Each of these agencies refuses to comply with the Kansas Open Records Act, using the reasoning that they are not “public agencies” as defined in the Kansas law that’s designed to provide citizen access to records.

    The city backs this interpretation. When legislation was introduced to bring these agencies under the umbrella of the Kansas Open Records Act, cities — including Wichita — protested vigorously, and the legislation went nowhere. Now, just this week the City of Wichita added a new tax to hotel bills that may generate $3 million per year for the convention and visitors bureau to spend. Unless the city changes its attitude towards citizens’ right to know, this money will be spent in secret.

    Another example of the City of Wichita’s attitude towards citizens and open government took place at a Kansas Legislature committee hearing last year. I had asked for email to or from a certain official for a certain period of time. The response from the city was that my request would encompass some 19,000 email messages, and the city denied the request as too burdensome. Fair enough.

    But the city’s lobbyist told legislators that my request for 19,000 emails was an example of abuse of the Kansas Open Records Act, and cited it as evidence as to why reform was not needed. But I did not request 19,000 email messages. I made a request for messages meeting a certain criteria, and I had no way of knowing in advance how many email messages this would entail. The City of Wichita denied this request as burdensome, so there was either no cost or very little cost for the city. No harm, no foul.

    But the City of Wichita used this incident and a similar incident involving the Kansas Policy Institute as reasons that the Kansas Open Records Act needs no reform. This illustrates a problem with the attitude of Wichita city government towards citizens’ right to know.

    This attitude may be noticed by the citizenry at large. Survey respondents were asked to rate “the job Wichita does at welcoming citizen involvement.” The results are shown in the nearby chart created from data in the most recent version of the Wichita Performance Measure Report. The numbers are the percent of respondents giving “excellent” or “good” as their response to the question.

    Citizens rate “the job Wichita does at welcoming citizen involvement."
    Citizens rate “the job Wichita does at welcoming citizen involvement.”

    The report says this performance is “much below” a benchmark set by the National Research Center National Citizen Survey.

    Website

    An important way governments can communicate with their subjects is through their websites. Wichita moved to a new website early in 2013. With the launching of the new City of Wichita website, the city has actually taken a step backwards in providing information to citizens.

    From the former version of the City of Wichita website, showing budgets available for many years.
    From the former version of the City of Wichita website, showing budgets available for many years.

    Here’s an example. The old city website had budgets going back a long way, back to the budget for 1960 — 1961. The oldest budget I can find on the present website is for 2006.

    Looking for minutes of important boards such as the Metropolitan Area Planning Commission, we find similar results. On the old website, minutes of MAPC were available back to 1999. The new version of the website seems to have minutes back to only 2012.

    Also, something that had been very useful is missing, and hasn’t been replaced: MyWichita.

    mywichita_logo

    As described here, MyWichita was a useful service. By using it, you could receive by email notices of new press releases, city council agendas and minutes, district advisory board agenda and minutes, agendas and minutes of other boards, and other items. Using MyWichita was much easier than having to check multiple sections of the city’s website looking for newly-released agendas, minutes, etc.

    This email reminder service was very valuable. It’s a basic customer service feature of many commercial and governmental websites. But MyWichita didn’t survive the conversion to the new website, and there’s nothing that replaces its function. When I asked about this missing functionality, the city said it was working on a replacement that should be available in a month or two. It’s been almost a year since I asked.

    Spending data

    Many governmental agencies post their checkbooks on their websites. Sedgwick County does, and also the Wichita school district. Not so the City of Wichita.

    Wichita spending data.
    Wichita spending data.

    Even after asking for checkbook spending data, Wichita can supply data of only limited utility. What was supplied to me was data in pdf form, and as images, not text. It would be difficult and beyond the capability of most citizens to translate the data to useful format. Even if someone translated the reports to computer-readable format, I don’t think it would be very useful. This is a serious defect in the city’s transparency efforts.

    Legal notices

    Kansas law requires that local government agencies publish legal notices for a variety of topics. Presently these are published in the Wichita Eagle at great cost to taxpayers. These notices could also be published on the city’s website, where they could be searched and archived. This would increase the usability of these documents at very little cost to the city.

    Publish requests

    When governmental agencies like the City of Wichita fulfill records requests, they could also publish the records on their websites. Most of the time the records are supplied electronically, so this is an additional simple (and low cost) step that would leverage the value of the city’s effort.

    Leveraging our lobbyists

    What do lobbyists, including taxpayer-funded lobbyists, do in Topeka? One thing they do is testify before committees, in both verbal and written form. Another thing they do is to prepare reports for the clients, advising them on upcoming legislation, analyzing how it affects them, and what the prospects for the bill might be. They also meet with legislators and their clients, which are your elected officials.

    Here’s a proposal that will help citizens make best use of their taxpayer-funded lobbyists:

    I see nothing in the Kansas Open Records Act that allows local governmental units in Kansas to refuse to disclose these documents: testimony, reports by lobbyists to their government clients, and the lobbyists’ calendars (or billing records for contract lobbyists). Instead of making citizens ask for these records, possibly paying fees to obtain what they’re already paying for, why don’t local governments post these documents immediately on their websites?

    Citizens could then benefit from the activities of the lobbyists they’re paying for. They could learn more about legislation as it works its way through the process. Citizens could judge whether the positions taken by the government lobbyists they’re paying for are aligned with their policy preferences.

    If the actions taken by taxpayer-funded lobbyists are truly in the public interest, you’d think that cities, counties, and school boards would already be making this information easily available. In any case, there should be no resistance to starting this program.

  • Kansas Open Records Act reform possible

    This week a committee of the Kansas House of Representatives will hear testimony on SB 10, a bill which would make small but welcome reforms to the Kansas Open Records Act. Following is the testimony I plan to deliver. Citizens should be aware that cities, counties, and school districts will probably oppose these reforms.

    Testimony to House Standing Committee on Federal and State Affairs as proponent of SB 10: Open meetings; minutes required; open records; charges limited.
    Bob Weeks, March 19, 2014

    Representative Brunk and members of the Committee:

    Thank you for this opportunity to present testimony on problems with the Kansas Open Records Act regarding high fees for the production of records. In 2008 I personally encountered this problem, as reported in the Wichita Eagle:

    Open Records Requests Can Spell High Fees

    (Wichita Eagle, March 9, 2008)

    Want information from the governor’s office? Get ready to pay up. That’s what Wichita blogger Bob Weeks says he discovered when he requested four days’ worth of e-mails sent and received by Gov. Kathleen Sebelius and her staff.

    To get the records , he was told he’d have to pay a lawyer in the governor’s office $27 an hour, for 50 hours, to read the e-mails to make sure they aren’t exempt from disclosure. That and 25 cents a page for copies or an unspecified extra charge to get the e-mails in electronic form. “Please make your check for the amount of $1,350 payable to the state of Kansas and reference your open records request,” said a letter Weeks received from JaLynn Copp, assistant general counsel to the governor.

    State Sen. Timothy Huelskamp, R-Fowler, said he was aware of Weeks’ case. He said he thinks the fees are excessive. “It doesn’t mean much for it to be an open record if you can’t afford it,” he said. In addition, he said a sluggish response to the request from the governor’s office appears to have violated the state Open Records Act. Huelskamp said the law requires state agencies to fulfill records requests within three business days or provide a detailed reason why that can’t be done. Weeks mailed his request on Feb. 7 and got an initial response Feb. 13. His cost estimate didn’t come until Feb. 26, and neither letter explained the delay, Huelskamp said. “It’s really in violation of the letter and the spirit of the law and I’ve seen that happen more than once,” he said.

    Based on this and other experience, I have found it is difficult to obtain email records at reasonable cost. If one makes a very narrowly-defined request that is affordable, there is a chance that the request will not produce the desired documents. If the request is broad enough to catch the records one needs, it is likely to be very expensive.

    Kansas could use as a model the federal Freedom of Information Act (5 USC § 552), which provides for a limit on fees in certain cases: “Fees shall be limited to reasonable standard charges for document duplication when records are not sought for commercial use and the request is made by an educational or noncommercial scientific institution, whose purpose is scholarly or scientific research; or a representative of the news media.” (emphasis added)

    Please do not be alarmed by government representatives making claims of abuses. Last year the Senate Committee that heard testimony on this bill was told that I made a request for 19,000 emails. My actual request was for emails to or from a certain official for a certain period of time. I had no way of knowing how many email messages this would entail. The City of Wichita denied this request as burdensome, so there was either no cost or very little cost for the city.

    Finally, I would ask that the committee note that government records belong to the people, not the government, and that the people paid for their creation. I have additional information about the Kansas Open Records Act and its problems at wichitaliberty.org.

    Respectfully submitted,
    Bob Weeks
    bob.weeks@gmail.com
    wichitaliberty.org

  • Wichita City Council to consider entrenching power of special interest groups

    Wichita City Council to consider entrenching power of special interest groups

    city-council-chambers-sign-800On Tuesday the Wichita City Council will consider a resolution in support of the status quo for city elections. Which is to say, the council will likely express its support for special interest groups whose goals are in conflict with the wellbeing of the public.

    The proposed resolution expresses support for retaining the present system in which city council and school board members are elected in non-partisan elections held in the spring. Candidates for all other offices (county commissioner, district court judge, district attorney, county clerk, county treasurer, register of deeds, sheriff, state representative, state senator, governor, attorney general, secretary of state, state treasurer, insurance commissioner, state board of education member, president, U.S. senator, U.S. representative, etc.) compete in partisan elections held in August and November.

    Yes, the proposed resolution is full of language supporting lofty ideals. It mentions local control, concern over low voter turnout, the complexity of making changes, partisan politics, and even the Hatch Act, whatever that is.

    (The Hatch Act restricts the ability of federal executive branch employees and certain state and local government employees to participate in some political activities, such as running for office in partisan elections. Non-partisan elections — that’s okay. The city is concerned that this could “disqualify many local candidates and office holders.” As if anyone already working for government also should also be an officeholder, non-partisan election or not.)

    Why should we be concerned? Why would the city council support the current system of spring elections? Doesn’t the city council always act in the best interests of the body politic?

    Here’s the answer, quite simply: In the spring elections, voter turnout is low. This makes it easier for special interest groups to influence the election outcomes. These special interest groups are not your friends (unless you are a member of one of the special groups).

    Voter turnout is low in spring elections. Really low. I’ve gathered statistics for elections in Sedgwick County, and these numbers show that voter turnout in spring elections is much lower than in fall elections. (For these statistics I count the August primary as part of the fall election cycle.) Since 2000, turnout for fall elections, both primary and general, has been 44 percent. Over the same period, spring elections turnout has been 18 percent.

    Remarkably, a special Wichita citywide election in February 2012 with just one question on the ballot had voter turnout of 13.7 percent. One year earlier, in April 2011, the spring general election had four of six city council districts contested and a citywide mayoral election. Turnout was 12.8 percent. That’s less than the turnout for a single-question election on year later.

    The problem of low voter participation in off-cycle elections is not limited to Sedgwick County or Kansas. In her paper “Election Timing and the Electoral Influence of Interest Groups,” Sarah F. Anzia writes “A well developed literature has shown that the timing of elections matters a great deal for voter turnout. … When cities and school districts hold elections at times other than state and national elections, voter turnout is far lower than when those elections are held at the same time as presidential or gubernatorial elections.”

    In the same paper, Anzia explains that when voter participation is low, it opens the door for special interest groups to dominate the election: “When an election is separated from other elections that attract higher turnout, many eligible voters abstain, but interest group members that have a large stake in the election outcome turn out at high rates regardless of the increase in the cost of voting. Moreover, interest groups’ efforts to strategically mobilize supportive voters have a greater impact on election outcomes when overall turnout is low. Consequently, the electoral influence of interest groups is greater in off-cycle elections than in on-cycle elections. As a result, the policy made by officials elected in off-cycle elections should be more favorable to dominant interest groups than policy made by officials elected in on-cycle elections.” (Election Timing and the Electoral Influence of Interest Groups, Sarah F. Anzia, Stanford University, Journal of Politics, April 2011, Vol. 73 Issue 2, p 412-427, version online here.)

    Moving the spring elections so they are held in conjunction with the fall state and national elections will help reduce the electoral power and influence of special interest groups.

    An example of special interests influencing elections

    In January 2013 candidates for Wichita City Council filed campaign finance reports covering calendar year 2012. That year was the ramp-up period for elections that were held in February and March 2013. Two filings in particular illustrate the need for campaign finance and election reform in Wichita and Kansas.

    Two incumbents, both who had indicated their intent to run in the spring 2013 elections, received campaign contributions in 2012 from only two sources: A group of principals and executives of Key Construction, and another group associated with theater owner Bill Warren.

    The incumbent candidates receiving these contributions are Wichita City Council Member James Clendenin (district 3, southeast and south Wichita) and Wichita City Council Member Lavonta Williams (district 1, northeast Wichita).

    Except for $1.57 in unitemized contributions to Clendenin, these two groups accounted for all contributions received by these two incumbents during an entire year. Those associated with Key Construction gave a total of $7,000. Williams received $4,000, and $3,000 went to Clendenin. Those associated with Warren gave $5,000, all to Clendenin.

    You may be wondering: Do these two groups have an extraordinarily keen interest in Wichita city government that’s not shared by anyone else?

    Yes they do, and it’s not benevolent. Both have benefited from the cronyism of the Wichita City Council, in particular members Williams and Clendenin. Both groups are symptomatic of the problem of special interests influencing low-turnout elections. See Campaign contributions show need for reform in Wichita for details.

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  • WichitaLiberty.TV: Wichita’s city tourism fee, Special taxes for special people

    WichitaLiberty.TV: Wichita’s city tourism fee, Special taxes for special people

    In this episode of WichitaLiberty.TV: The Wichita City Council will hold a meeting regarding an industry that wants to tax itself, but really is taxing its customers. Also, the city may be skirting the law in holding the meeting. Then: The Kansas Legislature is considering special tax treatment for a certain class of business firms. What is the harm in doing this? Episode 35, broadcast March 16, 2014. View below, or click here to view at YouTube.