Voice For Liberty

Tag: Open records

  • Wichita needs transparency from its agencies

    Wichita needs transparency from its agencies

    When the Wichita city council delegates spending to outside agencies such as Visit Wichita, it should insist on the same transparency requirements the city itself faces.

    The Kansas Open Records Act is designed to give citizens access to data concerning their government. In the words of the Kansas Attorney General, “An open and transparent government is essential to the democratic process.”

    The preamble to the Kansas act 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.” (emphasis added)

    That isn’t always the case in Wichita. Here, the city has formed several non-profit organizations that are funded in large part by tax revenue. But these organizations believe they are not covered by KORA, and so far the city agrees with that.

    An example is Visit Wichita, the city’s convention and visitors bureau. This week the Wichita City Council will consider the scope of services and budget for the money the agency receives from Wichita’s Tourism Business Improvement District. This is a tax of 2.75 percent that is added to hotel bills in the city. From 2016 to 2018 this tax brought in an average of just over three million dollars per year.

    If the city itself was spending these funds, there is no doubt that the spending records would be public. But Visit Wichita wants to spend this money in secret. It also wants to enter into contracts in secret.

    In the Kansas law, here is the definition of a public agency: “‘Public agency’ means the state or any political or taxing subdivision of the state or any office, 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.” There is an exception, which doesn’t apply here: “‘Public agency’ shall not include: … Any entity solely by reason of payment from public funds for property, goods or services of such entity.”

    As can be seen in the nearby table, Visit Wichita gets around 93 percent of its funds from taxes. Surely this qualifies as “supported in whole or in part by the public funds.”

    In the past, agencies have objected to the release of records on the basis that they would reveal information or strategies that would benefit Wichita’s competitors for jobs, conventions, and tourists. But the requests I have made (and which were rejected) asked for past data, not contemporaneous data. Further, if Wichita was successful in attracting jobs, conventions, and tourists, this might make some sense. But Wichita lags in these categories, which means that oversight is important. For example, among large hotel markets in Kansas, Wichita is near the bottom in growth.

    The records that Visit Wichita needs to disclose are its spending records, which means the checks it has written and credit card charges made. It also needs to disclose its contracts. This is the law, and it is also good public policy.

    When my records requests were rejected, I asked the Sedgwick County District Attorney to enforce the law. The DA sided with Visit Wichita (then known as Go Wichita) and the city’s other non-profit agencies, concluding that they were not “public agencies.”

    That determination simply meant that Visit Wichita could not be forced to reveal records. But it does not prohibit the agency from supplying records — if it wanted.

    This issue is important so that people can trust their government. But leadership in Wichita has not agreed. Now, as Wichita considers large public investments in facilities like a convention center — something desired by Visit Wichita — we need transparency, not secrecy.

    Wichita Mayor Brandon Whipple campaigned on greater government transparency. An amendment to the city’s recommended action could require that Visit Wichita recognize itself for what it is — a public agency as defined in the Kansas Open Records Act. Proposing a motion to include this requirement would allow the mayor to fulfill a campaign promise, and it would let Wichitans know where council members stand on this issue.

    For more information, see Open Records in Kansas.

    Click for larger.
  • Wichita should post fulfilled records requests

    Wichita should post fulfilled records requests

    When the City of Wichita fulfills records requests, it should make those records available to everyone.

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

    Some federal agencies do this. For example at the U.S. Customs and Border Protection website, there is a page titled FOIA Library. An example entry on this page is titled “Executive Orders on Travel Records.” The explanation for this is “Contains all records released in response to requests and/or litigation pertaining to Executive Orders on Travel.” On that page are downloadable documents that were created in response to records requests.

    This does not need to be a complicated endeavor. Off-the-shelf solutions like Dropbox and Google Drive are easy to use and inexpensive. Google and other search engines will automatically index the documents.

    Posting fulfilled records requests is an easy way for the City of Wichita to start increasing transparency of its operations. Let’s get started, Mayor Whipple.

  • Wichita legal notices an easy start on the path to transparency

    Wichita legal notices an easy start on the path to transparency

    Kansas law requires publication of certain notices in newspapers, but cities like Wichita could also make them available in other ways that are easier to use.

    Legal publications in the Wichita Eagle, occupying nearly the entire page.
    As Wichita’s new mayor takes office, there are a few things the city could do to increase the availability and distribution of government information. An easy project to accomplish would be placing legal notices on the city’s web page.

    Kansas law requires that many legal notices must be printed in a newspaper. That law needs to be changed. Newspapers resist this reform, as it might mean a loss of revenue for them. (That’s right. Newspapers don’t print these notices as a public service.)

    Although the law requires publishing notices in a newspaper, it doesn’t prohibit publishing them in electronic form. If governmental agencies would make their legal publications available in ways other than the newspaper, citizens would be better served.

    The City of Wichita does some posting of legal notices on its website. Under the City Clerk section, there is a page titled “Legal Notices” that holds notices of bidding opportunities. This is good, but the notices that are important to most people are not on the city’s website.

    Some of these notices appear in city council meeting agenda packets, where they may be buried in 500 pages of other material.

    Posting all city legal notices on the city’s website would be easy to do. It would be quite inexpensive, as the copy is already in electronic form. The notices would become searchable through Google and other methods. Interested parties could capture and store this material for their own use. Once people get used to this method of publication, it will make it easier to get state law changed.

    Posting legal notices on its website is an easy way for the City of Wichita to start increasing transparency of its operations. Let’s get started, Mayor Whipple.

  • Business improvement district on tap in Wichita

    Business improvement district on tap in Wichita

    The Douglas Design District seeks to transform from a voluntary business organization to a tax-funded branch of government.

    Tomorrow the Wichita City Council will consider forming a business improvement district (BID) in east-central Wichita. Previously, city documents offered some explanation regarding the district: 1

    First, there already exists a voluntary organization: “The Douglas Design District (DDD) is a voluntary organization of over 300 local businesses located near Douglas Avenue between Washington Avenue and Oliver Avenue. In 2017, the DDD established a five-year strategic plan to become a financially self-sustaining organization that is not reliant on elective membership.”

    The purpose of a business improvement district: “A BID provides for the administration and financing of additional and extended services to businesses within the district and is funded by the City levying a mandatory service fee on the businesses within the district.”

    Who will collect, and who will spend? “While the City levies the service fee, it can contract with a third-party organization such as the DDD to operate the BID. The approach is similar to that used by the City to contract with the Wichita Downtown Development Corporation in downtown.”

    All this is repeated in the agenda packet for this week’s meeting. 2

    The action on the agenda this week finalizes the district’s funding mechanism: “The annual fee ranges from $100 to $550 depending on the size of the business and is anticipated to generate approximately $50,000 a year.” By size, the city means the number of square feet. If a business or property owner does not pay, the city may start collection activity, although what that means is unspecified: “If any delinquent Fee or penalty is not paid within sixty (60) days from the date on which the Fee or penalty became delinquent, the City may give notice to the business of its intention to initiate a collection action.”

    Are BIDs a good idea? Most information about them is provided by their boosters, that is, those who directly benefit from the service fee, which is really a tax. But there are some doubters. The New Republic, by no means a conservative publication, printed a piece arguing against BIDs, stating: “But too often BIDs have turned against the businesses they were meant to serve, making the cost of entry into a new area even higher for local merchants, or lacking the transparency needed to instill trust from the community.” 3

    A larger and more balanced look at BIDs comes from Washington Monthly in 2018:

    The privatized structure of BIDs may raise liberals’ hackles, but it’s clear that BIDs can be a useful tool to remake neighborhoods into places where people actually want to spend their time. Many big-city mayors — who are overwhelmingly Democratic — have thrown their weight behind them. D.C. Mayor Muriel Bowser recently doled out grants totaling $300,000 to five neighborhoods thinking about forming their own BIDs. (One of the grantees, Dupont Circle, with the decaying park, will start collecting taxes from business owners in the fall.)

    Still, there are real downsides to BIDs for renters and small business owners, who will not benefit from rising property values and may ultimately be pushed out of the area. Luckily, this isn’t a hugely difficult problem to remedy. The best, and easiest, way to revamp how BIDs are run is through city halls; they’re the ones who legislate what BIDs can and can’t do, while holding them accountable to the public. But too often, they renege on that responsibility. 4

    From Canada, harsh criticism:

    In this paper, we propose and develop the concept of “socio-economic hygiene” to denote the ways in which neoliberal Western urban space is spatially regulated and re-oriented towards consumption in a way that reinforces social exclusion. … We conclude by tracking how sociological strategies of “hygiene” have moved from racial and biological features to features of place and socioeconomic status, and how BIDs, resembling genocidal states in certain ways, use these strategies to continually justify their own existence. 5

    Civil society, or government?

    What should trouble everyone is the replacement of civil society with political society. Edward H. Crane explains: “There are basically only two ways to organize society: Coercively, through government mandates, or voluntarily, through the private interaction of individuals and associations. … In a civil society, you make the choices about your life. In a political society, someone else makes those choices.”

    Right now DDD is a voluntary organization. Civil society, in other words. But now it is proposed to replace it with political society.

    Why trade voluntary cooperation for the force of government? The annual report of the DDD (included in the city council agenda packet in 2018) explains: “Approximately 1/3 of businesses in DDD’s project area are DDD members yet ALL businesses benefit from DDD’s efforts. A BID eliminates this ‘free rider’ problem and, if implemented, would allow DDD to have a singular focus on implementing the BID business plan rather than always chasing membership.” For emphasis, the report notes: “THE PAYMENT OF THE BID ASSESSMENT WILL REPLACE MEMBERSHIP DUES.”

    Another term for chasing membership is selling your product by showing how it creates value. If the formation of the BID is successful, the Douglas Design District will be relieved of this necessity. Will having a guaranteed source of revenue make DDD more or less responsive to its members?

    Also, the DDD annual report states: “A BID assessment is not a tax.” But for those who decide to skip paying this tax? After a few years, they will experience the blunt power of government tax collection.

    Taxation without transparency

    The agenda packet states this about the relationship between the city and the district: “While the City levies the service fee, it can contract with a third-party organization such as the DDD to operate the BID.”

    Wichita has similar organizations. One is the Wichita Downtown Development Corporation, now known as Downtown Wichita. This organization is funded nearly entirely by tax revenue from an improvement district. Yet, it refuses to make its spending records public, and the city supports that decision. 6

    Another similar taxpayer-funded organization is the city’s convention and tourism bureau, which has gone by several names over the years. Regarding it, in 2012 I wrote:

    We’ve learned that city council members rely on — as Randy Brown told the council last year — facile legal reasoning to avoid oversight: “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.” 7

    Of interest is a segment from the KAKE Television public affairs program “This Week in Kansas” where the failure of the Wichita City Council, especially council member Pete Meitzner (district 2, east Wichita), to recognize the value of open records and open government is discussed. Video is here.

    Since this time, the city has formed a business improvement district known as a TBID. It covers all hotels in the city and imposes an additional 2.75 percent tax to hotel bills, although the city and hotels call it a “City Tourism Fee.” 8 I’ve not asked for records of this spending, but I am sure the request would be rejected.

    Will the Douglas Design District follow the standard set by Wichita’s other improvement districts and evade accountability and transparency?

    Results from current improvement districts

    The Washington Monthly piece mentions that city halls can hold BIDs accountable. But lack of transparency works against oversight and accountability.

    Then, if anyone wonders what about the results of Wichita’s improvement districts, here are a few findings:

    • For the past decade business activity in downtown Wichita has been on a downhill trend. The data for 2017 (the most recent year for data) holds good news, with business activity rising. It isn’t the vibrant growth we’ve been told is happening in downtown Wichita, but at least things are not getting worse. 9
    • Truthfulness is in short supply. The Downtown Wichita organization has been caught in either a huge lie or gross incompetence regarding its claim of the number of people working in downtown Wichita. After brought to its attention, the number is no longer used. 10
    • Wichita economic development officials use a circuitous method of estimating the population of downtown Wichita, producing a number much higher than Census Bureau estimates. 11
    • Looking at hotel guest tax receipts, which are a surrogate for total hotel room revenue, we observe that of the largest markets in Kansas, Wichita has experienced nearly the least growth in hotel guest tax collections since 2010. 12

    Despite this record, Wichita City Hall seems satisfied with these results.

    —
    Notes

    1. City of Wichita. Agenda for August 21, 2018, Item IV-1. Available at http://www.wichita.gov/Council/Agendas/08-21-2018%20City%20Council%20Agenda%20Packet.pdf. ↩
    2. City of Wichita. Agenda for January 14, 2020, Item V-4. Available at https://wichita.gov/Council/Agendas/01-14-2020%20Agenda%20Packet.pdf. ↩
    3. Max Rivlin-Nadler. Business Improvement Districts Ruin Neighborhoods. The New Republic, February 19, 2016. Available at https://newrepublic.com/article/130188/business-improvement-districts-ruin-neighborhoods. ↩
    4. Saahil Desai. One Landlord, One Vote. Available at https://washingtonmonthly.com/magazine/july-august-2018/one-landlord-one-vote/. ↩
    5. Sanscartier, Matthew D.; Gacek, James. Out, Damned Spot: Socio-economic Hygienic Practices of Business Improvement Districts. Canadian Journal of Urban Research. Winter 2016, Vol. 25 Issue 2, p73-85. ↩
    6. Weeks, Bob. Wichita’s open records policy is contrary to the interests of citizens. Available at https://wichitaliberty.org/wichita-government/wichita-open-records-policy-contrary-interests-citizens/. ↩
    7. Weeks, Bob. Wichita, again, fails at open government. Available at https://wichitaliberty.org/open-records/wichita-again-fails-at-open-government/. ↩
    8. Weeks, Bob. Wichita seeks to add more tax to hotel bills. Available at https://wichitaliberty.org/wichita-government/wichita-seeks-add-tax-hotel-bills/. ↩
    9. Weeks, Bob. Downtown Wichita jobs rise Available at https://wichitaliberty.org/economics/downtown-wichita-jobs-rise/. ↩
    10. Weeks, Bob. Downtown Wichita jobs, sort of. Available at https://wichitaliberty.org/wichita-government/downtown-wichita-jobs/. ↩
    11. Weeks, Bob. Downtown Wichita population is up Available at https://wichitaliberty.org/wichita-government/downtown-wichita-population-is-up-2018/. ↩
    12. Weeks, Bob. Updated: Kansas hotel guest tax collections Available at https://wichitaliberty.org/economics/updated-kansas-hotel-guest-tax-collections/. ↩
  • In Wichita, respecting the people’s right to know

    In Wichita, respecting the people’s right to know

    The City of Wichita says it values open and transparent government. But the city’s record in providing information and records to citizens is poor, and there hasn’t been much improvement.

    The City of Wichita is proud to be an open and transparent governmental agency, its officials say. Former Mayor Carl Brewer often spoke in favor of government transparency. 1

    When the city received an award for transparency in 2013, Wichita City Manager Robert Layton said the city was honored. 2

    Mayor Jeff Longwell penned a column in which he said, “First off, we want City Hall to be open and transparent to everyone in the community.” And the mayor’s biography on the city’s website says, “Mayor Longwell has championed many issues related to improving the community including government accountability, accessibility and transparency …”

    But the reality is different. It shouldn’t be. Nearly four years ago the city expanded its staff by hiring a Strategic Communications Director. When the city announced the new position, it said: “The Strategic Communications Director is the City’s top communications position, charged with developing, managing, and evaluating innovative, strategic and proactive public communications plans that support the City’s mission, vision and goals.”

    But there has been little, perhaps no, improvement in the data and information made available to citizens. The Wichita Eagle has editorialized on the lack of sharing regarding the details surrounding the new baseball team. 3

    While this is important and a blatant example, there are many things the city could do to improve transparency. Some are very simple.

    For example, it is very common for governmental agencies post their checkbooks on their websites. Sedgwick County does, as does the Wichita school district. But not the City of Wichita.

    Until a few years ago, Wichita could 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 a useful format. Even if someone translated the reports to computer-readable format, I don’t think it would be very useful. This was a serious defect in the city’s transparency efforts.

    Now, if you ask the city for this data, you’ll receive data in an Excel spreadsheet. This is an improvement. But: You may be asked to pay for this data. The city says that someday it will make check register data available, but it has been promising that for many years. See Wichita check register for the data and details on the request.

    Another example: For several years, the Kansas city of Lawrence has published an economic development report letting citizens know about the activities of the city in this area. The most recent edition may be viewed here.

    The Lawrence report contains enough detail and length that an executive summary is provided. This report is the type of information that cities should be providing, but the City of Wichita does not do this.

    Example from the Lawrence report. Click for larger.
    It’s not like the City of Wichita does not realize the desirability of providing citizens with information. In fact, Wichitans have been teased with the promise of more information in order to induce them to vote for higher taxes. During the campaign for the one cent per dollar Wichita city sales tax in 2014, a city document promised this information regarding economic development spending if the tax passed: “The process will be transparent, with reports posted online outlining expenditures and expected outcomes.” (This is what Lawrence has been doing for several years.)

    The city should implement this reporting even though the sales tax did not pass. If it’s good for citizens to have this type of information if the sales tax had passed, it’s good for them to know in any circumstance, because the city (and other overlapping governmental jurisdictions) still spends a lot on economic development.

    Why is this information not available? Is the communications staff overwhelmed, with no time to provide this type of information?

    During the sales tax campaign Wichita city staff had time to prepare news releases with titles like “City to Compete in Chili Cook-off” and “Jerry Seinfeld Returns to Century II.” Now the city produces headlines like “Wichita Transit to Receive Good Apple Award.”

    But if you want to know how the city spends economic development dollars, you won’t find that.

    There are other things:

    Most of all, the city simply needs to change its attitude. Here’s an example.

    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, Visit Wichita (the former Go Wichita Convention and Visitors Bureau), and Greater Wichita Economic Development Coalition, now the Greater Wichita Partnership. 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.

    Recently 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.

    This attitude has been the policy of the city for a long time. In 2008, Randy Brown, at one time the editorial page editor at the Wichita Eagle wrote this:

    I’m fairly well acquainted with Bob Weeks, our extraconservative government watchdog. It’s fair to say that I agree with Weeks no more than one time in every 20 issues. But that one time is crucial to our democracy.

    Weeks is dead-on target when he says that conducting the public’s business in secret causes citizens to lose respect for government officials and corrupts the process of democracy (“TIF public hearing was bait and switch,” Dec. 5 Opinion). And that’s what happened when significant 11th-hour changes to the already controversial and questionable tax-increment financing plan for the downtown arena neighborhood were sneaked onto the Wichita City Council’s Tuesday agenda, essentially under cover of Monday evening’s darkness.

    This may not have been a technical violation of the Kansas Open Meetings Act, but it was an aggravated assault on its spirit. Among other transgressions, we had a mockery of the public hearing process rather than an open and transparent discussion of a contentious public issue.

    The Wichita officials involved should publicly apologize, and the issue should be reopened. And this time, the public should be properly notified.

    Randy Brown
    Executive director
    Kansas Sunshine Coalition for Open Government

    A few years later, Brown noticed the attitude had not improved. Although he did not mention him by name, Brown addressed a concern expressed by Wichita City Council Member Pete Meitzner (district 2, east Wichita). He accurately summarized Meitzner’s revealed attitude towards government transparency and open records as “democracy is just too much trouble to deal with.”

    I don’t think things have improved.

    —
    Notes

    1. For example, in his State of the City address for 2011, Brewer listed as an important goal for the city this: “And we must provide transparency in all that we do.” See https://drive.google.com/open?id=1xgx96BEXALDEgLBRcQdz2Kg0_W5x3e2J. ↩
    2. “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.” Wichita City New Release. Available at https://www.wichita.gov/News/Pages/2013-03-18b.aspx. ↩
    3. Wichita Eagle Editorial Board. *Fight for transparency during ‘Sunshine Week’ and year-round.” Available at https://www.kansas.com/article227430494.html. ↩
  • Wichita legal notices an easy start on the path to transparency

    Wichita legal notices an easy start on the path to transparency

    Kansas law requires publication of certain notices in newspapers, but cities like Wichita could also make them available in other ways that are easier to use.

    Legal publications in the Wichita Eagle, occupying nearly the entire page.

    As Wichita’s new mayor takes office, there are a few things the city could do to increase the availability and distribution of government information. An easy project to accomplish would be placing legal notices on the city’s web page.

    Kansas law requires that many legal notices must be printed in a newspaper. That law needs to be changed. Newspapers resist this reform, as it might mean a loss of revenue for them. (That’s right. Newspapers don’t print these notices as a public service.)

    Although the law requires publishing notices in a newspaper, it doesn’t prohibit publishing them in electronic form. If governmental agencies would make their legal publications available in ways other than the newspaper, citizens would be better served.

    The City of Wichita does some posting of legal notices on its website. Under the City Clerk section, there is a page titled “Legal Notices” that holds notices of bidding opportunities. This is good, but the notices that are important to most people are not on the city’s website.

    Some of these notices appear in city council meeting agenda packets, where they may be buried in 500 pages of other material.

    Posting all city legal notices on the city’s website would be easy to do. It would be quite inexpensive, as the copy is already in electronic form. The notices would become searchable through Google and other methods. Interested parties could capture and store this material for their own use. Once people get used to this method of publication, it will make it easier to get state law changed.

    Posting legal notices on its website is an easy way for the City of Wichita to start increasing transparency of its operation. Let’s get started, Mayor Whipple.

  • Business improvement district proposed in Wichita

    Business improvement district proposed in Wichita

    The Douglas Design District proposes to transform from a voluntary business organization to a tax-funded branch of government (but doesn’t say so).

    Update: On August 21, the council approved the formation of the planning committee.

    This week the Wichita City Council will consider taking the first step in forming a business improvement district (BID) in east-central Wichita. Some explanation from the agenda packet for the meeting: 1

    First, there already exists a voluntary organization: “The Douglas Design District (DDD) is a voluntary organization of over 300 local businesses located near Douglas Avenue between Washington Avenue and Oliver Avenue. In 2017, the DDD established a five-year strategic plan to become a financially self-sustaining organization that is not reliant on elective membership.”

    The purpose of a business improvement district: “A BID provides for the administration and financing of additional and extended services to businesses within the district and is funded by the City levying a mandatory service fee on the businesses within the district.”

    Who will collect, and who will spend? “While the City levies the service fee, it can contract with a third-party organization such as the DDD to operate the BID. The approach is similar to that used by the City to contract with the Wichita Downtown Development Corporation in downtown.”

    The action on the agenda this week is to establish a planning committee to develop things like district boundaries, services to be provided, and a budget. Although city documents aren’t specific, it’s likely this “service fee” will be levied as a property tax.

    Are BIDs a good idea? Most information about them is provided by their boosters, that is, those who directly benefit from the service fee, which is really a tax. But there are some doubters. The New Republic, by no means a conservative publication, printed a piece arguing against BIDs, stating: “But too often BIDs have turned against the businesses they were meant to serve, making the cost of entry into a new area even higher for local merchants, or lacking the transparency needed to instill trust from the community.” 2

    A larger and more balanced look at BIDs comes from Washington Monthly this summer:

    The privatized structure of BIDs may raise liberals’ hackles, but it’s clear that BIDs can be a useful tool to remake neighborhoods into places where people actually want to spend their time. Many big-city mayors — who are overwhelmingly Democratic — have thrown their weight behind them. D.C. Mayor Muriel Bowser recently doled out grants totaling $300,000 to five neighborhoods thinking about forming their own BIDs. (One of the grantees, Dupont Circle, with the decaying park, will start collecting taxes from business owners in the fall.)

    Still, there are real downsides to BIDs for renters and small business owners, who will not benefit from rising property values and may ultimately be pushed out of the area. Luckily, this isn’t a hugely difficult problem to remedy. The best, and easiest, way to revamp how BIDs are run is through city halls; they’re the ones who legislate what BIDs can and can’t do, while holding them accountable to the public. But too often, they renege on that responsibility. 3

    From Canada, harsh criticism:

    In this paper, we propose and develop the concept of “socio-economic hygiene” to denote the ways in which neoliberal Western urban space is spatially regulated and re-oriented towards consumption in a way that reinforces social exclusion. … We conclude by tracking how sociological strategies of “hygiene” have moved from racial and biological features to features of place and socioeconomic status, and how BIDs, resembling genocidal states in certain ways, use these strategies to continually justify their own existence. 4

    Civil society, or government?

    What should trouble everyone is the replacement of civil society with political society. Edward H. Crane explains: “There are basically only two ways to organize society: Coercively, through government mandates, or voluntarily, through the private interaction of individuals and associations. … In a civil society, you make the choices about your life. In a political society, someone else makes those choices.”

    Right now DDD is a voluntary organization. Civil society, in other words. But now it is proposed to replace it with political society.

    Why trade voluntary cooperation for the force of government? The annual report of the DDD (included in the city council agenda packet) explains: “Approximately 1/3 of businesses in DDD’s project area are DDD members yet ALL businesses benefit from DDD’s efforts. A BID eliminates this ‘free rider’ problem and, if implemented, would allow DDD to have a singular focus on implementing the BID business plan rather than always chasing membership.” For emphasis, the report notes: “THE PAYMENT OF THE BID ASSESSMENT WILL REPLACE MEMBERSHIP DUES.”

    Another term for chasing membership is selling your product by showing how it creates value. If the formation of the BID is successful, the Douglas Design District will be relieved of this necessity. Will having a guaranteed source of revenue make DDD more or less responsive to its members?

    Also, the DDD annual report states: “A BID assessment is not a tax.” I wonder what will happen to anyone who decides to skip paying this tax. After a few years, they will experience the blunt power of government tax collection.

    Taxation without transparency

    The agenda packet states this about the relationship between the city and the district: “While the City levies the service fee, it can contract with a third-party organization such as the DDD to operate the BID.”

    Wichita has similar organizations. One is the Wichita Downtown Development Corporation, now known as Downtown Wichita. This organization is funded nearly entirely by tax revenue from an improvement district. Yet, it refuses to make its spending records public, and the city supports that decision. 5

    Another similar taxpayer-funded organization is the city’s convention and tourism bureau, which has gone by several names over the years. Regarding it, in 2012 I wrote:

    We’ve learned that city council members rely on — as Randy Brown told the council last year — facile legal reasoning to avoid oversight: “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.” 6

    Of interest is a segment from the KAKE Television public affairs program “This Week in Kansas” where the failure of the Wichita City Council, especially council member Pete Meitzner (district 2, east Wichita), to recognize the value of open records and open government is discussed. Video is here.

    Since this time, the city has formed a business improvement district known as a TBID. It covers all hotels in the city and imposes an additional 2.75 percent tax to hotel bills, although the city and hotels call it a “City Tourism Fee.” 7 I’ve not asked for records of this spending, but I am sure the request would be rejected.

    Will the Douglas Design District follow the standard set by Wichita’s other improvement districts and evade accountability and transparency?

    Results from current improvement districts

    The Washington Monthly piece mentions that city halls can hold BIDs accountable. But lack of transparency works against oversight and accountability.

    Then, if anyone wonders what about the results of Wichita’s improvement districts, here are a few findings:

    • For the past decade business activity in downtown Wichita has been on a downhill trend. The data for 2016 (the most recent year for data) is a bit of good news, with the decline stopping and business activity remaining mostly unchanged. It isn’t the vibrant growth we’ve been told is happening in downtown Wichita, but at least things are not getting worse. 8
    • Truthfulness is in short supply. The Downtown Wichita organization has been caught in either a huge lie or gross incompetence regarding its claim of the number of people working in downtown Wichita. After brought to its attention, the number is no longer used. 9
    • Wichita economic development officials use a circuitous method of estimating the population of downtown Wichita, producing a number much higher than Census Bureau estimates. 10
    • Looking at hotel guest tax receipts, which are a surrogate for total hotel room revenue, we observe that of the largest markets in Kansas, Wichita has experienced the least growth in hotel guest tax collections since 2010. 11

    Despite this record, Wichita City Hall seems satisfied with these results.

    —
    Notes

    1. City of Wichita. Agenda for August 21, 2018, Item IV-1. Available at http://www.wichita.gov/Council/Agendas/08-21-2018%20City%20Council%20Agenda%20Packet.pdf. ↩
    2. Max Rivlin-Nadler. Business Improvement Districts Ruin Neighborhoods. The New Republic, February 19, 2016. Available at https://newrepublic.com/article/130188/business-improvement-districts-ruin-neighborhoods. ↩
    3. Saahil Desai. One Landlord, One Vote. Available at https://washingtonmonthly.com/magazine/july-august-2018/one-landlord-one-vote/. ↩
    4. Sanscartier, Matthew D.; Gacek, James. Out, Damned Spot: Socio-economic Hygienic Practices of Business Improvement Districts. Canadian Journal of Urban Research. Winter 2016, Vol. 25 Issue 2, p73-85. ↩
    5. Weeks, Bob. Wichita’s open records policy is contrary to the interests of citizens. Available at https://wichitaliberty.org/wichita-government/wichita-open-records-policy-contrary-interests-citizens/. ↩
    6. Weeks, Bob. Wichita, again, fails at open government. Available at https://wichitaliberty.org/open-records/wichita-again-fails-at-open-government/. ↩
    7. Weeks, Bob. Wichita seeks to add more tax to hotel bills. Available at https://wichitaliberty.org/wichita-government/wichita-seeks-add-tax-hotel-bills/. ↩
    8. Weeks, Bob. Downtown Wichita business trends. Available at https://wichitaliberty.org/wichita-government/downtown-wichita-business-trends-2016/. ↩
    9. Weeks, Bob. Downtown Wichita jobs, sort of. Available at https://wichitaliberty.org/wichita-government/downtown-wichita-jobs/. ↩
    10. Weeks, Bob. Living in downtown Wichita. Available at https://wichitaliberty.org/wichita-government/downtown-wichita-business-trends-2016/. ↩
    11. Weeks, Bob. Kansas hotel tax collections. Available at https://wichitaliberty.org/kansas-government/kansas-hotel-tax-collections/. ↩
  • Lawrence has it. Wichita doesn’t.

    Lawrence has it. Wichita doesn’t.

    Despite promises, Wichita fails to inform citizens on important activities of its government.

    For several years, the Kansas city of Lawrence has published an economic development report letting citizens know about the activities of the city in this area. The most recent edition may be viewed here.

    The Lawrence report contains enough detail and length that an executive summary is provided. This report is the type of information that cities should be providing, but the City of Wichita does not do this.

    Example from the Lawrence report. Click for larger.
    It’s not like the City of Wichita does not realize the desirability of providing citizens with information. In fact, Wichitans have been teased with the promise of more information in order to induce them to vote for higher taxes. During the campaign for the one cent per dollar Wichita city sales tax in 2014, a city document promised this information regarding economic development spending if the tax passed: “The process will be transparent, with reports posted online outlining expenditures and expected outcomes.” (This is what Lawrence has been doing for several years.)

    The “Yes Wichita” campaign promised, “Reports will be measured and reported publicly.” (But “Yes Wichita” was a campaign group and not an entity whose promises can be relied on, and can’t be held accountable for failure to perform.)

    These are good ideas. The city should implement them even though the sales tax did not pass. If it’s good for citizens to have this type of information if the sales tax had passed, it’s good for them to know in any circumstance, because the city (and other overlapping governmental jurisdictions) still spends a lot on economic development.

    Why is this information not available? Is the communications staff overwhelmed, with no time to provide this type of information?

    During the sales tax campaign Wichita city staff had time to prepare news releases with titles like “City to Compete in Chili Cook-off” and “Jerry Seinfeld Returns to Century II.”

    This year the city produces headlines like “Annual Arbor Day Returns Friday” and “Arkansas River Trash Roundup Saturday.”

    But if you want to know how much — and how well — the city spends economic development dollars, you won’t find that.

    Since the sales tax election in 2014 the city has hired additional communications staff, adding a Strategic Communications Director in 2015. Later that year the economic development staff was boosted with the hiring of an Assistant City Manager and Director of Development.

    But no economic development reports.

    Wichitans need to know that besides living in a city that doesn’t provide much information about its operations, the city believes it is doing a good job. Here is a Wichita city news release from 2013:

    “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.”

    In 2015 the city won another award, with the city reporting: “The City of Wichita has been recognized nationally for leading efforts related to technology, community engagement and transparency.

    The official city biography for Wichita Mayor Jeff Longwell says he has “championed many issues related to improving the community including government accountability, accessibility and transparency.”

    When I’ve expressed frustration with the process of asking for information from the city, communications staff told me this: “I should note that the City has won multiple awards for openness and citizen participation, but City leaders recognize this work is never done. They strive each and every day to become more open and transparent and will continue to do so.”

    Wichitans need to wonder:

    • Why can’t we have the same information about our city government that residents of Lawrence have?

    • Was transparency promised only to get people to vote for the sales tax in 2014?

    • Does the city believe it deserved the awards it has received?

    • Is transparency really a governing principle of our city?

  • Kansas government data may not be available

    Kansas government data may not be available

    There is a movement to increase the transparency of government in Kansas, but there’s much to be done, starting with attitudes.

    One of the major economic development programs in Kansas is PEAK, or Promoting Employment Across Kansas. 1 It provides benefits to companies when they expand their operations in Kansas, or sometimes when they merely threaten to leave. The recent expansion by Spirit AeroSystems is reported to benefit from $23.5 million in PEAK cash. 2

    But finding out how much PEAK benefits are awarded each year is difficult, even though the state relies heavily on this program. It also appears that the Kansas Department of Commerce, the agency that awards and administers PEAK, isn’t aware of how many programs, and at what cost, have been authorized.

    At one time a summary of PEAK data was readily available from the state. It covered fiscal years 2010 through 2015. 3 My inquiries late last year to the PEAK program manager for updated information were fruitless, despite many email and telephone messages. None were returned.

    But a request to the interim director was answered. The answer is that the data through 2015 was a one-time effort, and there are no reports similar to that with recent data.

    The fact that there is no recent data is remarkable. We must wonder if the Department of Commerce cares about things like this, because collecting this data as projects are awarded is not difficult. There aren’t many projects awarded. For the period 2010 through 2015, there were 68 PEAK projects awarded. And just a handful of data items need recording for each project.

    But this isn’t done.

    I made a request for recent data on PEAK awards, asking for the same data in the previous report: Company Name, Effective Date, Location (County), Proposed Annual Benefit, Benefit Term (Yrs), New or Retained Jobs, Project Payroll, and Additional Project Capital Investment. The response confirmed there is no simple report with the relevant data. I was offered the opportunity to purchase copes of all recent PEAK agreements, estimated to cost $750 to $1,200. Further, these documents would not contain all the data I asked for.

    Who is managing?

    As part of four initiatives to increase government transparency in Kansas, Governor Jeff Colyer told the legislature, “Third, I will implement performance metrics for Cabinet Agencies so Kansans can see how we perform.” 4 My experience with the Department of Commerce indicates there’s a long way to go. Agencies are not capturing and recording basic data.

    Even if the Department of Commerce was capturing this data, there’s still much more analysis to perform. The data I asked for was simply the project parameters at the time PEAK benefits are awarded. The real question is this: Are the projected benefits actually realized?

    There ought to be a law

    There is a bill this year that would require several state agencies to report on the many programs they administer. It’s titled “HB 2753: An act concerning taxation; relating to income tax credits and sales tax exemptions; periodic review, reports to certain legislative committees.” 5

    Kansas taxpayers might have thought this basic management of our tax-funded programs we already in place. It’s especially troubling in that the cost of this management is small. The fiscal note for the bill tells us these agencies already have the capacity to perform this work: “The Insurance Department, Department of Commerce, and Department of Revenue indicate that the administrative costs associated with implementing the provisions of HB 2753 would be negligible and could be absorbed within existing resources. Each agency would be responsible to collect and organize information regarding certain tax credits, incentives, and exemptions on a yearly basis.”

    —
    Notes

    1. Weeks, Bob. PEAK, or Promoting Employment Across Kansas. Available at https://wichitaliberty.org/kansas-government/peak-promoting-employment-across-kansas/. ↩
    2. Jerry Siebenmark. New facility part of Spirit’s new jobs, expansion plan. Available at http://www.kansas.com/news/business/aviation/article201082884.html. ↩
    3. Weeks, Bob. PEAK benefits across Kansas. Available at https://wichitaliberty.org/kansas-government/peak-benefits-across-kansas/. ↩
    4. Governor Jeff Colyer’s Joint Address, February 8, 2018. Available at https://governor.kansas.gov/governor-jeff-colyers-joint-address/. ↩
    5. Kansas Legislature. HB 2753: Review of tax credits, tax exemptions and economic development programs. Available at http://www.kslegislature.org/li/b2017_18/measures/hb2753/. ↩