Voice For Liberty

Tag: Kansas Open Records Act

  • Open records, rights of Kansans disrespected at Wichita City Council

    Yesterday the Wichita City Council decided to issue another contract to Go Wichita Convention and Visitors Bureau. I appeared to recommend that the council not issue this contract until an issue regarding the Kansas Open Records Act is resolved. Explanation of why Go Wichita should be considered a “public agency” and comply with records requests is found in Wichita open records issue buried.

    A few notes from the meeting (video may be viewed here or at the end of this article):

    Discussion of this matter at the meeting reveals that city staff believes that the annual reports filed by Go Wichita along with periodic checks by city staff are sufficient oversight.

    City Attorney Gary Rebenstorf cited the law regarding enforcement of the Kansas Open Records Act, stating that the Kansas Attorney General or the courts is the next step to seek enforcement of KORA. While Rebenstorf is correct on the law, the policy of the Kansas Attorney General is to refer all cases to the local district attorney. The Kansas AG will not intervene in this matter.

    Randy Brown, who is chair of the Kansas Sunshine Coalition for Open Government and former opinion page editor of the Wichita Eagle was at the meeting and spoke on this matter. In his remarks, Brown said “It may not be the obligation of the City of Wichita to enforce the Kansas Open Records Act legally, but certainly morally you guys have that obligation. To keep something cloudy when it should be transparent I think is foolishness on the part of any public body, and a slap in the face of the citizens of Kansas. By every definition that we’ve discovered, organizations such as Go Wichita are subject to the Kansas Open Records Act.”

    Brown said that he’s amazed when public officials don’t realize that transparency helps build trust in government, thereby helping public officials themselves. He added “Open government is essential to a democracy. It’s the only way citizens know what’s going on. … But the Kansas Open Records Act is clear: Public records are to be made public, and that law is to be construed liberally, not by some facile legal arguments that keep these records secret.”

    He recommended to the council, as I did, that the contract be contingent on Go Wichita following the Kansas Open Records Act.

    John Rolfe, president of Go Wichita, told the council that he has offered to provide me “any information that is relevant” regarding Go Wichita. He mentioned the various financial reports his organization provides. He said he is unclear on the transparency question, and what isn’t transparent.

    Michael O’Donnell (district 4, south and southwest Wichita) asked Rolfe if he had ever denied a KORA request. Rolfe replied no, perhaps not remembering that Go Wichita denied my request.

    Misunderstanding the scope of KORA

    In remarks from the bench James Clendenin (district 3, south and southeast Wichita) asked the city manager a series of questions aimed at determining whether the city was satisfied with the level of service that Go Wichita has provided. He then extended that argument, wondering if any company the city contracts with that is providing satisfactory products or service would be subject to “government intrusion” through records requests. Would this discourage companies from wanting to be contractors?

    First, the Kansas Open Records Act does not say anything about whether a company is providing satisfactory service to government. That simply isn’t a factor, and is not a basis for my records request to Go Wichita. Additionally, the Kansas Open Records Act contains a large exception, which excepts: “Any entity solely by reason of payment from public funds for property, goods or services of such entity.” So companies that sell to government in the ordinary course of business are not subject to the open records law. Go Wichita is distinguished, since it is almost entirely funded by taxes and has, I believe, just a single client: the City of Wichita.

    Finally, we should note that the open records law does not represent government intrusion, as Clendenin claimed. Open records laws offer citizens the ability to get an inside look at the working of government. That’s oversight, not intrusion.

    Is the city overwhelmed with records requests?

    Council Member Pete Meitzner (district 2, east Wichita) asked that there might be a workshop to develop a policy on records requests. He expressed concern that departments might be overwhelmed with requests from me that they have to respond to in a timely fashion, accusing me of “attempt to bury any of our departments in freedom of information acts [sic].”

    In making this argument, Mr. Meitzner might have taken the time to learn how many records requests I’ve made to the city. The answer, to the best of my recollection, is that I have made no requests this year to the city citing the open records act. I have made perhaps a half-dozen informal requests, most of which I believe were fulfilled consuming just a few moments of someone’s time.

    As to his concern over the costs of fulfilling records requests: The law allows for government and agencies to charge fees to fulfill requests. They often do this, and I have paid these fees. But more important than this, the attitude of council member Meitzner is troubling. Government should be responsive to citizens. As Randy Brown told the council, government should welcome opportunities to share information and be open and transparent.

    As for a workshop for city council on the topic of open records: This would probably be presented by Rebenstorf, and his attitude towards the open records law is known, and is not on the side of citizens.

    O’Donnell made a motion that the contract be approved, but amended that Go Wichita will comply with the Kansas Open Records Act. That motion didn’t receive a second.

    Wichita’s attitude towards citizens

    Randy Brown’s remarks are an excellent summation of the morality and politics of the city’s action and attitude regarding this matter.

    The council ought to be wary of taking legal advice from city attorney Gary Rebenstorf. He has been wrong several times before when issuing guidance to this council regarding the Kansas Open Meetings Act, which is similar to the Open Records Act. He’s taken the blame and apologized for these violations. He was quoted in the Wichita Eagle as saying “I will make every effort to further a culture of openness and ensure that like mistakes are avoided in the future.”

    But Rebenstorf’s attitude, as gauged accurately by Randy Brown, is to rely on facile legal arguments to avoid complying with the clear meaning and intent of the law.

    Why city council members — except for Michael O’Donnell — would be opposed to what I have asked is unknown. Perhaps they know that among the public, issues relating to open records generally aren’t that important. Citizens ought to note the actions of Mayor Carl Brewer. The mayor could easily put this matter to an end. He speaks of wanting to have open and transparent government, but when it comes time to make a tough call, his leadership is missing.

    It’s becoming evident that Kansans need a better way to enforce compliance with the Kansas Open Records Act. It seems quite strange that local district attorneys are placed in a quasi-judicial role of deciding whether citizen complains are justified. If citizens disagree — and nearly everyone I’ve talked to thinks that the opinion issued by the Sedgwick County District Attorney is this matter is nonsensical and contrary to the letter and spirit of the law — they find themselves in the position of suing their government.

    Suing your government is costly. Citizens will realize their own taxpayer dollars are used against them.

  • Wichita open records issue buried

    Update: This agenda item has been moved from the consent agenda to a regular agenda.

    This week the Wichita City Council will decide whether to issue another contract to Go Wichita Convention and Visitors Bureau. The city should not issue this contract until an issue regarding the Kansas Open Records Act is resolved.

    I have asked for records from Go Wichita Convention and Visitors Bureau. It refused to comply. Its reason was that it believes it is not a “public agency” as defined in the KORA. When citizens have problems with agencies refusing to comply with the law, one avenue citizens may take is to ask the local district attorney to look into the matter. When I did this, the Sedgwick County District Attorney’s office decided in favor of Go Wichita, using some contorted legal reasoning that few believe would survive judicial scrutiny. It would cost thousands of dollars for the next step.

    Why Go Wichita Convention and Visitors Bureau should be subject to the Kansas Open Records Act

    Here’s why the Go Wichita Convention and Visitors Bureau is a public agency subject to the Kansas Open Records Act. KSA 45-217 (f)(1) states: “‘Public agency’ means the state or any political or taxing subdivision of the state or any office, officer, agency or instrumentality thereof, or any other entity receiving or expending and supported in whole or in part by the public funds appropriated by the state or by public funds of any political or taxing subdivision of the state.”

    The Kansas Attorney General’s office offers additional guidance: “A public agency is the state or any political or taxing subdivision, or any office, officer, or agency thereof, or any other entity, receiving or expending and supported in whole or part by public funds. It is some office or agency that is connected with state or local government.”

    Now, apply these guidelines to Go Wichita: The most recent IRS Form 990 that is available (for the year 2009) states that the agency had total revenue of $2,651,600, with $2,266,300 coming from “fees from government agencies.” This is government, through taxation, providing 85 percent of its total income.

    If we consider only “program service revenue,” which was $2,467,764, the government-funded portion of its income is 92 percent.

    Does this count as being supported “in part” by public funds? Absolutely.

    The Kansas Open Records Act has an exception, but I and many others believe it should not apply to this agency. There’s no rational or reasonable basis for the this agency’s assertion that it is not a public agency subject to the Kansas Open Records Act.

    We should also look at the plain language of the Kansas Open Records Act, observing the intent of the Kansas Legislature as embodied in the statute: “It is declared to be the public policy of the state that public records shall be open for inspection by any person unless otherwise provided by this act, and this act shall be liberally construed and applied to promote such policy.”

    Wichita claims transparency

    In his “State of the City” address this year, Wichita Mayor Carl Brewer promoted the city’s efforts in accountability and transparency, telling the audience: “We must continue to be responsive to you. Building on our belief that government at all levels belongs to the people. We must continue our efforts that expand citizen engagement. … And we must provide transparency in all that we do.” Many other city documents mention transparency as a goal for the city.

    I submit that in order to actually provide the level of transparency that Mayor Brewer proclaims the city should be providing, quasi-governmental agencies that are supported almost totally by tax revenue — like Go Wichita Convention and Visitors Bureau, the Wichita Downtown Development Corporation, and Greater Wichita Economic Development Coalition — need to be subject to the Kansas Open Records Act.

    Until this happens, the message from the City of Wichita is clear: Accountability and transparency is handled on the city’s terms, not on citizens’ terms and the law.

    Why open records are important

    Here’s an example as to why this issue is important: In 2009 Mike Howerter, a trustee for Labette Community College, noticed that a check number was missing from a register. Based on his inquiry, it was revealed that the missing check was used to reimburse the college president for a political contribution. While it was determined that the college president committed no crime by making this political contribution using college funds, this is an example of the type of information that citizens may want regarding the way public funds are spent.

    This is the type of information that I have requested. It is what is needed to perform effective oversight. It is what the City of Wichita has decided to avoid.

    Issue is buried in consent agenda

    Twice last year I appeared before the city council when the city was considering renewal of its contract with Wichita Downtown Development Corporation and Go Wichita Convention and Visitors Bureau. I asked the mayor and council that as a condition of renewing the contracts, the city ask that these agencies agree that they are public agencies as defined in the Kansas Open Records Act.

    For the December 13th meeting of the Wichita City Council, the contract for Go Wichita is up for renewal again. But instead of being on a regular agenda — where it is customary for citizens to have a chance to give input to the council — the item is on a consent agenda.

    A consent agenda is a group of items that are voted on with a single vote. Usually there is no discussion of the individual items on a consent agenda, unless a council member requests to “pull” an item for discussion and perhaps a vote specific to that item. Usually the items placed on consent agendas are through to be routine and non-controversial.

    But a city contract for over $2 million, especially one that has been handled as a regular agenda item in years past, does not qualify as routine and non-controversial. It seems that the city wants to avoid discussion of the open records issue.

  • Kansas and Wichita quick takes: Monday April 25, 2011

    American exceptionalism. This Friday (April 29) the Wichita Pachyderm Club features Kenneth N. Ciboski, Ph.D, Associate Professor of Political Science at Wichita State University. He will speak on the topic “American Exceptionalism: How and Why Are We Different From Europe?” The public is welcome and encouraged to attend Wichita Pachyderm meetings. For more information click on Wichita Pachyderm Club. … Upcoming speakers: On May 6, Dr. Malcolm C. Harris, Sr., Professor of Finance, Friends University on the topic “Shale gas: Our energy future?” On May 13, Craig Burns and Glenn Edwards of Security 1st Title Co. on the topic “Real Estate Transactions, Ownership, Title, and Tales From the Trenches.” On May 20, Rob Siedleckie, Secretary, Kansas Social Rehabilitation Services (SRS) on the topic “The SRS and Initiatives.” On May 27, Todd Tiahrt, Former 4th District Congressman on the topic “Outsourcing our National Security — How the Pentagon is Working Against Us”.

    Wichita City Council this week. As this week is the fourth Tuesday of the month, the Wichita City Council considers only consent agenda items. This agenda has two acquisition of property by eminent domain, one for improvements to East 13th Street, and another for land involved in the aquifer recharge project in Harvey County. … There will also be council member appointments, and with three new council members on board, there could be a number of these. … A workshop will follow to present updates to the downtown Wichita public incentive policy. A Wichita Eagle story reported on this, but raised more confusion than answers. For example, the story reports the proposal will include “A private-to-public capital investment ration [sic] of 2-to-1.” This differs from the Goody Clancy plan for downtown Wichita, which calls for a five to one ratio.

    The Great American Bailout. Tim Huelskamp, a new member of the United States Congress from the Kansas first district, warns of the seriousness of the problem the country faces with the budget and debt: “This past Monday, Standard & Poor’s (S&P) announced that it was cutting its outlook on the U.S. from “stable” to “negative,” increasing the likelihood of a potential downgrade of America’s credit rating. This should be a dire wake-up call to Washington that the time is now to address federal red ink. For all of America’s greatness, it is embarrassing that the United States may become a credit risk.” He details the rising amount of national debt, and also the increasing percentage that is held by foreign countries. … Soon we will be faced with the decision to raise our national debt limit. Huelskamp says the only way he could support increasing the ceiling is there is also a “serious and meaningful compromise that makes substantial and real cuts to the deficit and debt.” He also supports a balanced budget amendment to the Constitution.

    “Not yours to give rally” in Topeka. Next Thursday (April 28) a coalition of groups is holding a rally at the Kansas Capitol building. The event starts at 10:00 am and lasts until 2:00 pm. The lineup of speakers and topics includes Rep. Charlotte O’Hara: “Federal control of the state through the state budget,” Larry Halloran (Wichita South Central 9-12 Group): “Government Charity, the Constitution and the Rule of Law,” Dave Trabert (Kansas Policy Institute): “Kansas Budget Policy and Spending Habits,” Rep. Kasha Kelley: “House Budget,” Richard D. Fry (Patriots Coalition ): “Govt. Lawlessness and Implementing Obama Care,”Angelo Mino (Born in Ecuador – MADE in America): “Reason to Become a New Born American,” Derrick Sontag (Americans for Prosperity): “History of a Growing Kansas Budget,” and Rep. Lance Kinzer: “Court of Appeals Legislation.” … AFP is sponsoring a free bus trip from Wichita for this event. The bus will leave Wichita at 7:00 am, and should be back by 6:00 pm. The bus trip is free but reservations are required. For more information on the bus trip contact John Todd at john@johntodd.net or 316-312-7335, or Susan Estes, AFP Field Director at sestes@afphq.org or 316-681-4415.

    Kansas Bioscience Authority benefits from exemptions. The Kansas Bioscience Authority has benefited from exceptions to the Kansas Open Records Act written for its own benefit. Kansas Watchdog reports.

    The presidency in liberal society. Eighteen months before the election, presidential politics consumes a lot of energy. Conservatives complain that President Obama is already in full campaign mode. Liberals poke fun at Republicans for, well, for a lot of reasons. But with a properly limited government, we should care very little who is our president. Lew Rockwell explains in this excerpt from a speech titled “An American Classical Liberalism”: Every four years, as the November presidential election draws near, I have the same daydream: that I don’t know or care who the president of the United States is. More importantly, I don’t need to know or care. I don’t have to vote or even pay attention to debates. I can ignore all campaign commercials. There are no high stakes for my family or my country. My liberty and property are so secure that, frankly, it doesn’t matter who wins. I don’t even need to know his name. In my daydream, the president is mostly a figurehead and a symbol, almost invisible to myself and my community. He has no public wealth at his disposal. He administers no regulatory departments. He cannot tax us, send our children into foreign wars, pass out welfare to the rich or the poor, appoint judges to take away our rights of self-government, control a central bank that inflates the money supply and brings on the business cycle, or change the laws willy-nilly according to the special interests he likes or seeks to punish. His job is simply to oversee a tiny government with virtually no power except to arbitrate disputes among the states, which are the primary governmental units. He is head of state, though never head of government. His position, in fact, is one of constant subordination to the office holders around him and the thousands of statesmen on the state and local level. He adheres to a strict rule of law and is always aware that anytime he transgresses by trying to expand his power, he will be impeached as a criminal.

  • Kansas and Wichita quick takes: Wednesday March 23, 2011

    Health information campaign. What happened to an all-star group that was to promote President Obama’s health care plan? Politico reports: “Democrats are under siege as they mark the first anniversary of health care reform Wednesday — and they won’t get much help from the star-studded, $125 million support group they were once promised. Wal-Mart Watch founder Andrew Grossman unveiled the Health Information Campaign with great fanfare last June. … But nine months later, the Health Information Campaign has all but disappeared.”

    Eisenhower book author to speak in Wichita. At this Friday’s meeting (March 25) of the Wichita Pachyderm Club, David A. Nichols, Ph.D. will speak on his new book Eisenhower 1956: The President’s Year of Crisis — Suez and the Brink of War . Nichols is formerly of Southwestern College in Winfield. Copies of the new book will be available for purchase at the meeting. The public is welcome and encouraged to attend Wichita Pachyderm meetings. For more information click on Wichita Pachyderm Club. … Upcoming speakers include Derrick Sontag of Americans for Prosperity on April 1, Deputy Public Defender Jama Mitchell on April 8, Kansas Senator Chris Steineger on April 15, Friends University Associate Professor of Political Science Russell Arben Fox on April 22, and Wichita State University Political Scientist Ken Ciboski on April 29.

    Kansas agencies mum on travel spending. From Kansas Policy Institute: “State agencies, boards and universities in Kansas claimed they did not have to disclose details on $21.4 million in spending on various forms of travel and entertainment in FY 2010, according to a Kansas Policy Institute (KPI) analysis of the state’s checkbook.” According to KPI president Dave Trabert: “$39 million is a lot to spend on travel in any year, and especially so when some agencies say they are being forced to cut services. Maybe the Kansas Bureau of Investigation needs some discretion when conducting investigations, but the breadth and volume of these confidentiality claims are incomprehensible.” While the Kansas Open Records Act (KORA) has many categories of information that are exempt from disclosure, agencies have discretion as to which information to disclose. None of the exemptions mention travel. Says Trabert: “State checkbook records don’t indicate which exemption from disclosure is invoked on travel spending, but disclosing the names of hotels, airlines and restaurants that received taxpayer money would not be an unwarranted invasion of anyone’s personal privacy. It is, however, an unwarranted invasion of taxpayers’ right to not know how their money is being spent and state law should be changed to eliminate gaping loopholes in KORA.” … I’m really curious to learn more about this finding: “KPI’s review of state travel records also found many examples of the vendor being listed as the agency or university itself rather than the actual vendor that provided the service.” … KPI’s press release is at State Agencies Claim Confidentiality on Travel Spending.

    Kansas wind energy jobs. Again we find that the promise of green energy projects being an economic development driver is overplayed. In “Goal of many more ‘green’ jobs is elusive” (February 14, 2011 Kansas City Star) we find the same skepticism that most now see justified regarding ethanol is applicable to wind power: “‘We need to temper our expectations on wind energy,’ said David Swenson, an Iowa State University economist known for deflating the ethanol industry’s job claims. Now, he says, the same ‘environment of hype’ is developing around wind power.” It’s been good for China, though: “… more than 80 percent of $1 billion in federal stimulus grants for wind projects went to foreign countries. One of the projects, a $1.5 billion wind farm in Texas, expected to collect $450 million in stimulus money — but use wind turbines made in China.” The counting of a job as “green” is highly suspect, as the article notes: “Kansas officials have trumpeted that the state already has 20,000 green jobs — and hopes for 10,000 more, many from manufacturing and assembly work for generating wind power. But so far, most of the jobs in that count by the state Department of Labor have been around for years, including carpenters installing energy-efficient windows and plumbers putting in toilets that don’t use much water. Even maids, if they use green products, are classified as green-collar workers.” … Wichita Mayor Carl Brewer promotes manufacturing of wind power machinery as good for Wichita’s economic development, and Kansas Governor Sam Brownback supports renewable energy standards for Kansas.

    The role of profits and losses. From Robert P. Murphy, Lessons for the Young Economist: Many naïve observers of the market economy dismiss concern with the “bottom line” as a purely arbitrary social convention. To these critics, it seems senseless that a factory producing, say, medicine or shoes for toddlers stops at the point when the owner decides that profit has been maximized. It would certainly be physically possible to produce more bottles of aspirin or more shoes in size 3T, yet the boss doesn’t allow it, because to do so would “lose money.” On the other hand, many apparently superfluous gadgets and unnecessary luxury items are produced every day in a market economy, because they are profitable. Observers who are outraged by this system may adopt the slogan: “Production for people, not profit!” … Such critics do not appreciate the indispensable service that the profit and-loss test provides to members of a market economy. Whatever the social system in place, the regrettable fact is that the material world is one of scarcity — there are not enough resources to produce all the goods and services that people desire. Because of scarcity, every economic decision involves tradeoffs. When scarce resources are devoted to producing more bottles of aspirin, for example, there are necessarily fewer resources available to produce everything else. It’s not enough to ask, “Would the world be a better place if there were more medicine?” The relevant question is, “Would the world be a better place if there were more medicine and less of the other goods and services that would have to be sacrificed to produce more medicine?” … Loosely speaking, the profit and loss system communicates the desires of consumers to the resource owners and entrepreneurs when they are deciding how many resources to send into each potential line of production. … In a market based on the institution of private property, profits occur when an entrepreneur takes resources of a certain market value and transforms them into finished goods (or services) of a higher market value. This is the important sense in which profitable entrepreneurs are providing a definite service to others in the economy.

  • Kansas and Wichita quick takes: Wednesday March 9, 2011

    Kansas legislature website. It’s getting better, and now has — by my recollection — all the functionality of the site it replaced. But there are still some issues. The search feature uses a Google site-specific search, which is good in many ways. But trying to find if there’s any legislation this year concerning sales tax? Not so easy. … The rosters of members are displayed in panels of 12 members of a time. For the House there are 11 such panels. I wonder on which panel I’ll find the member I’m looking for? … Too many documents are still being delivered in OpenOffice doc format, which many people will not be able to use.

    Kansas smoking ban. The Hutchinson News has reported and editorialized on the statewide smoking ban. In Hutch club owner wants to see measure repealed, Sheila Martin expresses her concern for the small business owners who are being harmed by the smoking ban. The booklet Martin created that the article refers to may be read here Kansas Smoking Ban Booklet. Then the newspaper editorialized against the smoking ban, writing “Eight months since it took effect, the local jury is in on Kansas’ statewide smoking law. It has hurt sales at some drinking establishments — no doubt, in turn, hurting state and local sales tax receipts — and it was doubtful that it stopped anyone from smoking or saved many from exposure to secondhand smoke.”

    Fighting government secrecy. Announcing a television show regarding government transparency, the Kansas Sunshine Coalition for Open Government writes: “Open government is essential to a democracy. But it’s often hard to find that vital government transparency — and to get public access to public records, even when the law is on your side. “What is your government hiding?” is the focus of a town hall panel set at 4:00 to 5:00 pm Saturday, March 12, at the First United Methodist Church, 330 N. Broadway, in downtown Wichita. The event will be taped and shown on KAKE-TV and affiliated stations around the state at 10 am Sunday, March 13, as part of the national celebration of Sunshine Week (March 13-19). … ‘The Mike and Mike Show’ will headline the meeting. Media attorney Mike Merriam of Topeka will join University of Kansas law professor Mike Kautsch in a interactive presentation on media law, as well as how citizens can use the Kansas Open Records Act and the Kansas Open Meetings Act. … The show also will feature a panel on the importance of open government led by the League of Women Voters of Wichita. The audience is invited to ask questions. Refreshments will be available at a reception afterward. …KPTS-TV, Channel 8 in Wichita, will rebroadcast the show at 7 pm, Thursday, March 24. Those interested are asked to arrive in time to be seated by 3:45 pm. The event is sponsored by the Kansas Sunshine Coalition, the LWV and the Elliott School of Communication at Wichita State University.

    Kansas judicial selection. The Wall Street Journal takes notice of the need for judicial selection reform in Kansas, writing “Kansas is the only state that gives the members of its bar a majority on the judicial nominating commission. That commission also handles the nominations for state Supreme Court justices, and changing that would require a state constitutional amendment. The Sunflower State is nonetheless off to a good start at making judicial appointments more than a preserve of the lawyers guild.” … Kansas University Law Professor Stephen J. Ware is the foremost authority on the method of judicial selection in Kansas and the need for reform. His paper on this topic is Selection to the Kansas Supreme Court, which is published by the Federalist Society for Law and Public Policy Studies. Further reporting by me is at Kansas judicial selection needs reform, says law professor.

    Kansas Education Liberty Act. A strong school choice measure has been introduced in the Kansas House of Representatives. The bill is HB 2367 and may be read at the Kansas Legislature website. The measure’s supporters have a website at supportkela.com. From the bill’s supporters: “This bill authorizes specific non-profit organizations to grant scholarships to students to attend a qualified private or public school of their parents’ choice. These scholarships are funded through tax-credit eligible contributions from individual Kansans and corporations. State taxpayers will spend significantly less on each scholarship than they currently spend per pupil in public schools. This bill reduces education related spending from the state’s general fund and reduces the budget deficit. In addition, public schools will still have access to the majority of the federal and local taxpayer funding; so with each student who chooses another educational setting, public schools will have more funding per remaining student. Perhaps even more significant, our children will enjoy improved education outcomes in both public and private education in the state of Kansas with increased parental and community involvement.” … While the Kansas education establishment fiddles with “reforms” such as whether to grant tenure in three or five years, actual reform measures like this are what is needed.

    What … it’s not about the whales? “Environmental policy is not driven by tree-hugging activists, earnest liberal bloggers, or ecologically minded citizens. Instead, it flows from the lobbyists and executives of well-connected multinational corporations and built-for-subsidy startups that see profit in the loan guarantees, handouts, mandates, and tax credits Congress creates in the name of saving the planet.” Timothy P. Carney explains more in Meet the lobbyist who turns ‘green’ into greenbacks.

    Wichita council candidates. Now that the city primary election is over and each district has two candidates for the April 5 general election, this week’s meeting (March 11) of the Wichita Pachyderm Club features Wichita City Council candidates. Invited are from district 2: Pete Meitzner and Charlie Stevens. From district 4: Joshua Blick and Michael O’Donnell. From district 5: Jeff Longwell and Lynda Tyler. The public is welcome and encouraged to attend Wichita Pachyderm meetings. For more information click on Wichita Pachyderm Club.

    Common Sense — Revisited author in Wichita. Clyde Cleveland will visit Wichita to speak at the Holiday Inn at 549 S. Rock Road on Wednesday, March 16th at 7:00 pm. The event’s promotional poster reads: “Join Clyde Cleveland, the author of Common Sense — Revisited and 2002 libertarian candidate for Iowa Governor for an eye-opening presentation on our Government and how we can restore it to the Republic in its original form. Learn about Indigenous and Surrogate Powers, and how Americans have surrendered their ‘Sentient Power’. The good news is, we can peacefully, and lawfully, re-inhabit our Sovereign status and reclaim a bottom-up, ‘By, of, and For the People,’ Republic form of Government. … This is what was intended by our founding fathers, and for which many others have given their lives to protect. Following the presentation Clyde will discuss how we can participate in rebuilding our State and National Republics.” Cleveland’s website is Common Sense Revisited. He will also speak in Overland Park on March 17th.

  • Wichita Mayor Carl Brewer: State of the City 2011

    This week Wichita Mayor Carl Brewer delivered his annual “State of the City” address. While the Wichita Eagle editorial commenting on the mayor’s speech is titled “Cause to boast, hope,” a look at some of the important topics the mayor addressed will lead some to conclude otherwise.

    The text of the mayor’s address may be read at several places, including here.

    Economic development

    Regarding Wichita’s economic development, the mayor said that the city’s efforts saved 745 jobs and created 435 jobs, for a total impact of 1,180 jobs. To place those numbers in context, we note that American Community Survey data from the U.S. Census Bureau indicates the labor force in Wichita is 191,760 persons. This means that the economic development efforts of the City of Wichita affected a number of jobs equivalent to 0.6 percent of the city workforce.

    This small number of jobs impacted by the city’s economic development initiatives is dwarfed by other economic events. Additionally, these efforts by the city are counterproductive — if our interest is creating a dynamic economy in Wichita. Analysis by the Kauffman Foundation finds that it is new firms — young firms, in other words — that are the primary drivers of job creation. But the economic development policies of cities like Wichita are definitely biased toward older, established firms. The cost of these economic development efforts, which are paid for by everyone including young businesses firms struggling to grow, means that we prop up unproductive companies at the expense of the type of firms we need to really grow the Wichita economy.

    In particular, the mayor’s proudest achievement — he nearly burst with pride when speaking of it — pours a large amount of state, county, and city funds into Hawker Beechcraft, an old-line company that is shrinking its employment in Kansas. This deal with Hawker Beechcraft should not be viewed as a proud moment for Wichita and Kansas. Instead, we should view this as succumbing to economic blackmail by Hawker, based on a threat that may not have been genuine. We responded by making in investment in an old-line, shrinking company, apparently the first time that the state has invested public funds in a downsizing company.

    Furthermore, the investment in Hawker comes on the heels of an analysis that says Hawker should divest itself of all its lines of business except for one. The analysis paints a grim future for Hawker: “In addition, backlogs are dwindling, R&D budgets are miniscule, employee pensions are underfunded by $296 million and the prospects of paying down its long-term debt are remote. At this point, it would be a monumental task just to roll-over the debt, let alone pay it off entirely. At the root of the problem is the state of Hawker Beechcraft’s business jet product lines. … At the heart of HBC’s current strategy is the assumption that a market recovery will fix what’s ailing the company, and that is just not true. The company’s business aviation products are seriously underperforming with new products relegated to minor upgrades due to a token R&D budgets based on an across-the-board derivative strategy.”

    The mayor also touted an agreement with Bombardier Learjet for the company to produce a new jet in Wichita. This deal required that the state issue bonds to raise money to give to Bombardier. The bonds will be paid off by the company’s employee withholding taxes. That’s money that would normally go to the state’s general fund. Instead, this deal raises the cost of government for everyone else.

    The mayor said of these deals: “As I suggested at the time of the Hawker deal, this was a declaration that Kansas and Wichita will fight to keep its aircraft industry. As I said then, ‘You’re not going to take what’s most important to us, and that’s our aviation industry.’ Simply put, we will not lose these jobs. Period.”

    Unfortunately, the mayor’s declaration is an invitation to Kansas companies of all types to seek public funds just as these two companies did, and as others have across Kansas. The result is increased costs of government and a state and city less inviting to the dynamic and innovative young companies that we now know are the engine of prosperity and job growth.

    The mayor also lauded the use of “revenue bonds” used for the construction of a IMAX movie theater in west Wichita. Focusing on the bonds allowed the mayor to gloss over the large measure of property tax forgiveness — corporate welfare — granted to the Warren Theater. The theater’s owners have received corporate welfare before from the city.

    Plans for downtown

    On the master plan for the revitalization of downtown Wichita, the mayor said the plan will “lead us to a point where ultimately the private investment exceeds public investment by a 15 to 1 ratio.” At the time agitation for a downtown plan started two years ago, research indicated that the ratio of private to public investment in downtown was approximately one to one. It’s quite a stretch for the mayor to promise an eventual 15 to one ratio, especially since the Goody Clancy plan recently adopted by the city council calls for — over the next 20 years — $500 million in private investment supported by $100 million of public investment. That’s a five to one ratio, not the 15 to one mentioned by the mayor. Even then, it will be surprising if anything near a five to one ratio is achieved.

    The mayor also promoted the decision by Cargill to build a new facility downtown as a sign of success. This facility, however, required over $2.5 million in various subsidy from state and local governments. It hardly seems a measure of proud success when companies are able to extract this level of corporate welfare in exchange for locating facilities in Wichita.

    Accountability and transparency

    In his address, Mayor Brewer promoted the city’s efforts in accountability and transparency, telling the audience: “We must continue to be responsive to you. Building on our belief that government at all levels belongs to the people. We must continue our efforts that expand citizen engagement. … And we must provide transparency in all that we do.”

    This an instance in which the actions of the city do not match with Brewer’s rhetoric. A small example is from last fall when the city had a stakeholder meeting to discuss the city’s community improvement district policy. While the term “stakeholder” is vague and means different things to different people, you might think that such a gathering might include representatives from the community at large. Instead, the meeting was stacked almost exclusively with those who have an interest in extracting as much economic subsidy as possible from the city. Often we find that meetings of this type are designed so that no dissenting voices are present.

    More importantly, the City of Wichita has failed to follow a fundamental law that provides accountability and transparency: the Kansas Open Records Act.

    I have made requests for records from three quasi-governmental agencies, two of which are under the city’s direct influence: Wichita Downtown Development Corporation, Go Wichita Convention and Visitors Bureau, and Greater Wichita Economic Development Coalition. Each of these organizations denied that they are public agencies as defined in the KORA, and therefore refused to fulfill my requests.

    Two times last year I appeared before the city council when the city was considering renewal of its contract with Wichita Downtown Development Corporation and Go Wichita Convention and Visitors Bureau. I asked the mayor that as a condition of renewing the contracts, the city ask that the agencies follow the law. But the mayor and the city rely on an incorrect interpretation of the KORA from city attorney Gary Rebenstorf and refused to act on my request. It should be noted that Rebenstorf has been wrong several times before when issuing guidance to the council regarding the Kansas Open Meetings Act, which is similar to the Open Records Act. He’s taken the blame and apologized for these violations.

    The Kansas Open Records Act in KSA 45-216 (a) states: “It is declared to be the public policy of the state that public records shall be open for inspection by any person unless otherwise provided by this act, and this act shall be liberally construed and applied to promote such policy.” Governments in Kansas should be looking at ways to increase availability of information. Instead, the City of Wichita uses a narrow — not liberal — interpretation of the records law restrict citizen access to records. At some time I believe the city’s legal position will be shown to be wrong.

    At any time the mayor could ask — and it could have been written into their contracts — that these agencies comply with the Kansas Open Records Act. The mayor’s refusal to do so indicates an attitude of accountability and transparency on the city’s terms, not on citizens’ terms and the law.

    Citizen response

    At many levels of government, when the chief executive makes an annual address like this, time is provided for someone to make a response, usually someone with a different point of view. This is the practice at the federal level, and also in Kansas when the governor delivers the state of the state address.

    The City of Wichita ought to do the same.

  • For Wichita city government, open records are not valued

    As a condition of renewing its contract with the Go Wichita Convention and Visitors Bureau, I asked that the Wichita City Council require that the agency comply with the Kansas Open Records Act. As has been the case before, the city council and city staff say they are in favor of open records and government transparency, but their actions indicate that they are not.

    After my remarks, which are presented below, City manager Bob Layton said that my attack on the city attorney was unfair, that it was not he who made this decision not to comply with the Kansas Open Records Act. Instead, he said the decision was made by the Convention and Visitors Bureau’s own attorney. John Rolfe, the Bureau’s president, said he believes that his organization has been open in their explanations of how they spend their funds, at least to the City.

    Rolfe also repeated his mistaken belief that I’ve discussed with the Bureau’s attorney how I might gain access to the information that I’ve requested. These discussions have not happened. That’s not the way the Kansas Open Records Law works. Citizens do not negotiate with agencies to gain access to records. The law says that citizens make requests, and agencies comply.

    Furthermore, the duty of the Bureau’s attorney is to protect and advance the interests of his client, not the interests of the public. The fact that the city council and the city manager are comfortable with this arrangement is disturbing.

    Any member of the city council could have followed my suggestion to make a motion that the city ask that the Convention and Visitors Bureau to simply agree that they are in fact a public agency as defined in the Kansas Open Records Act. But none of them did.

    Council member Jim Skelton asked questions several times seeking to find out how the agency spends its funds, but he did not give “how” a specific meaning. The city and most agencies would like to present simple and broad budgets or income statements to account for their spending. But this level of disclosure, which is what the Convention and Visitors Bureau provides to the public, is not sufficient.

    Here’s an example why: Last year a trustee for Labette Community College noticed that a check number was missing from a register. Based on his inquiry, it was revealed that the missing check was used to reimburse the college president for a political contribution. While it was determined that the college president committed no crime by making this political contribution using college funds, this is an example of the type of information that citizens may want regarding the way public funds are spent.

    This is the type of information that I have requested. It is what is needed to perform effective oversight. Three agencies — Go Wichita Convention and Visitors Bureau, Greater Wichita Economic Development Coalition, and Wichita Downtown Development Corporation — have all refused to comply with requests like this. The city council members and staff have agreed with their positions.

    This is not transparency. This is not accountability.

    When citizens believe that agencies are not complying with the Kansas Open Records Act, they have three options. One is to ask the Kansas Attorney General for help. But the policy of the Attorney General is to refer all cases to the local District Attorney, which is what I have done. The other way to proceed is for a citizen to pursue legal action at their own expense.

    The Sedgwick County District Attorney has had my case since December 17 of last year. That office has been working on the case, and a decision is expected soon.

    No matter which way the District Attorney decides, the City of Wichita, its quasi-governmental taxpayer-supported agencies, and their hostility to open records is a matter that the Kansas Legislature should notice. We need a better records law.

    Following are remarks I delivered today to the Wichita City Council regarding the city’s compliance with the Kansas Open Records Act.

    I’m recommending that the city not renew its contract with the Go Wichita Convention and Visitors Bureau until that organization decides to follow Kansas law, specifically the Kansas Open Records Act.

    I’ve requested records from this agency. Its response is that the agency is not a “public agency” and therefore is not subject to the open records law.

    Here’s why the Go Wichita Convention and Visitors Bureau is a public agency subject to the Kansas Open Records Act. KSA 45-217 (f)(1) states: “‘Public agency’ means the state or any political or taxing subdivision of the state or any office, officer, agency or instrumentality thereof, or any other entity receiving or expending and supported in whole or in part by the public funds appropriated by the state or by public funds of any political or taxing subdivision of the state.”

    The Kansas Attorney General’s office offers additional guidance: “A public agency is the state or any political or taxing subdivision, or any office, officer, or agency thereof, or any other entity, receiving or expending and supported in whole or part by public funds. It is some office or agency that is connected with state or local government.”

    According to its 2008 annual report, 89% of Go Wichita Convention and Visitors Bureau’s revenue came from the transient guest tax. I suggest that this qualifies as supported “in whole or in part” by public funds.

    The Kansas Open Records Act has an exception, but that does not apply to this agency. There’s no rational or reasonable basis for the this agency’s assertion that it is not a public agency subject to the Kansas Open Records Act.

    Mr. Mayor and council members, look at the plain language of the Kansas Open Records Act, as I’ve explained. Look at the intent of the Kansas Legislature as embodied in the statute: “It is declared to be the public policy of the state that public records shall be open for inspection by any person unless otherwise provided by this act, and this act shall be liberally construed and applied to promote such policy.”

    The policy of the state is that records should be open. Governmental bodies shouldn’t be looking for excuses to avoid complying with the law, as has the City of Wichita and this agency, and has two other similar agencies. Especially when the reasons the city legal staff has used are wrong, both in terms of the letter of the law and its intent.

    Now I realize that Mr. Gary Rebenstorf, the Wichita City Attorney, disagrees with my contention that this agency is in fact a public agency as defined by the Kansas Open Records Act. Mr. Rebenstorf has been wrong several times before when issuing guidance to this council regarding the Kansas Open Meetings Act, which is similar to the Open Records Act. He’s taken the blame and apologized for these violations. He was quoted in the Wichita Eagle as saying “I will make every effort to further a culture of openness and ensure that like mistakes are avoided in the future.”

    But with regard to my records requests, he’s advised this council to keep records closed when the law and the public policy of this state says they should be open.

    He, or perhaps whoever is instructing him as to what opinions to write, is hostile towards towards open records and citizens’ right to know.

    Mayor, you’ve spoken about “building public trust in government” and working to achieve greater transparency. Manager Layton has as a goal “Promoting transparency by providing timely, accurate and relevant information.”

    This is a chance for the political leadership of this city to make a decision: does the city promote transparency by deciding itself what information to release, or does it agree to citizen-driven accountability, where citizens are in charge?

    It’s not only this agency. The Wichita Downtown Development Corporation and the Greater Wichita Economic Development Coalition are similarly situated.

    As a condition of renewing the city’s contract with the Go Wichita Convention and Visitors Bureau, I ask that this council instruct the Bureau to follow the Kansas Open Records Act.

  • Kansas and Wichita quick takes: Sunday December 5, 2010

    Wichita City Council this week. Tuesday’s city council meeting has a busy agenda. First is the Community Improvement District policy, which was deferred from November 2. I believe the major issue to be resolved is requiring signage on stores or businesses that will be charging extra sales tax. It’s possible there might be a majority on the council who want the warning signs. Developers are opposed, saying that notification in advance drives off customers. Gee, who could have known that people don’t like paying taxes? The city is proposing a web site that identifies all CIDs, but this is a weak form of consumer notification that is pretty much useless, as correctly identified by council member Lavonta Williams. … There’s an appeal of a ruling that a woman has three horses on her property when rules allow one. … Several companies are requesting industrial revenue bonds and relief from paying property taxes: Bombardier Learjet, Cessna, and Coleman. … Go Wichita Convention & Visitors Bureau will ask that its contract with the city be renewed. This is one of the organizations that has refused to fill my records requests, stating that they are not a “public agency” as defined in the Kansas Open Records Act. Go Wichita is budgeted to receive $2,121,390 from the city this year. The agenda report is available at this link.

    DAB agendas missing. On Monday, four of the city’s six District Advisory Boards will meet. As of this moment, three of these boards don’t have their agenda available on the city’s website. Only the DAB for district 6 has its agenda available on the city’s website: The lack of availability of DAB agendas is an issue that the city should work to resolve.

    Kansas legislators learn about education reform. Kansas Senator Julia Lynn reports on a trip by several legislators: “Five Kansas legislators received a wake up call after attending the National Summit on Education Reform in Washington DC. The big take away? Kansas is embarrassingly behind on education reform initiatives including the broader concept of choice, charter school legislation, tax credit and special needs scholarship programs and a myriad of educational technology and digital learning applications. … The focus of the conference centered on the need for nationwide reform calling out our present system of public education as factory model driven by the interests of adults and a monopoly that is neither efficient nor responsive. Burdened by outdated and ineffective systems like tenure, collective bargaining, and social promotion, our system is outdated and ineffective. Worse, the model is not capable of educating diverse children to be successful in a competitive world. Governor Jeb Bush, convener of the conference and founder of the Foundation for Excellence in Education, stated in his opening remarks that ‘We are at a tipping point. We must move towards reform that puts the needs of the child first through customization of education to the diversity of the child’. … Reform of our system will not occur overnight nor will it be comfortable. It will require hand-to-hand combat with those vested in the old factory model system so corrupted by interests of teachers unions and the education establishment.” It is not news to readers of this site that Kansas is lagging in education reform. See Florida school choice helps public schools, for example.

  • Open Records are an issue in Kansas

    Remarks delivered to a meeting of the South-central Kansas legislative delegation, January 5, 2010.

    I’d like to see to Kansas Open Records Act (KORA) strengthened in some way.

    Recently I asked three quasi-governmental organizations in Wichita for some records. They declined, stating that they are not subject to the records act. They believe that because their form of organization is non-profit — several different forms of 501c status — they do not have to follow the KORA.

    These organizations receive all or nearly all of their funds from taxes. The open records act defines a public agency as, in part, “any other entity receiving or expending and supported in whole or in part by the public funds appropriated by the state or by public funds of any political or taxing subdivision of the state.”

    These organizations may be relying on faulty advice by the Wichita city attorney, who says that at least one of these organizations falls under the vendor exception to the KORA. That exception is there so that if, say, a car dealer sells a car to a city, the dealer isn’t subject to the KORA for that reason alone.

    But these organizations, generally, have only one client: government. They are performing a governmental function that some cities keep in-house instead of outsourcing as Wichita has. So this vendor exception should not apply in these cases.

    The Kansas Open Records Act contains language stating that the act should be construed liberally. Governments should be looking for ways to make more information available, not going out of the way to restrict access, as does the City of Wichita.

    I don’t know what would be the cure for this situation. I’ve asked the district attorney to look into these cases.

    Furthermore, I would like to call your attention to the Sedgwick County legislative platform, especially the provisions regarding the limitation of the use of eminent domain for economic development purposes and the requirement for sales and property tax increases to be put to a vote of the people. As you may be aware, Sedgwick County did not budget funds for a lobbyist this year, so we’re going to be counting on Sedgwick County legislators to press these initiatives.

    Finally, the Friedman Foundation for Educational Choice has compelling research showing that school choice programs save money. At a time we’re struggling to fund schools, we should look at school choice programs as a way to save money.