Kan. Judge OKs Secret Meetings of Governor's Team

By: John Hanna, Associated Press Writer (AP) Teams appointed by the Kansas governor-elect to review state government efficiency can meet in secret, a judge ruled Monday, rejecting a lawsuit by news organizations.

The organizations, including The Associated Press, plan to appeal.

Shawnee County District Judge Eric Rosen ruled that the Kansas Open Meetings Act does not cover the teams because Gov.-elect Kathleen Sebelius won't have full gubernatorial powers until she takes office Jan. 13.

But Rosen also rebuked Sebelius, saying that "when meetings that directly impact public policy of our state occur out of the public eye or ear, our democracy is put in jeopardy. Had the court been provided with a legal option to do so, it would have most certainly ordered the BEST team meetings open."

BEST (Budget, Efficiency, Savings Team) is the name the Democratic governor-elect gave the task forces she appointed to conduct the "top-to-bottom" review of government she promised during her campaign.

The five teams met 18 times, starting in November, Sebelius policy director Jeremy Anderson said during a court hearing.

Last month, the teams forwarded 105 ideas to Sebelius for making government more efficient or increasing fees to offset costs. Sebelius said she may include some of the ideas in the budget she submits to legislators.

Sebelius spokeswoman Nicole Corcoran-Basso said Sebelius is pleased Rosen drew a distinction between her being governor-elect and serving as governor. Sebelius has said previous governors-elect in Kansas have not formed task forces to take suggestions from the public about improving government.

Mike Merriam, the attorney representing the news organizations, said he disagrees with Rosen's conclusion that the governor-elect's transition office is not a true state agency and therefore, the task forces do not fall under the Open Meetings Law. "We've identified a very real problem and it's my clients' intention to get it fixed," Merriam said.

Paul Stevens, AP's chief of bureau for Kansas and Missouri, said: "We are disappointed that the judge didn't say the team meeting had to be open to the public. But we are heartened by the judge's statements about the importance of open government and his declarations that he would have ordered the meetings open if there had been a way under Kansas law to do so."

Jeff Burkhead, executive director of the Kansas Press Association, one of the organizations suing Sebelius, said it will ask legislators to change the law but still pursue an appeal.

Incoming Republican House Speaker Doug Mays said he will have one committee study the law. He said he agrees with Rosen's ruling but believes the law should be changed because government officials at all levels could take advantage of it.

The other news organizations involved in the lawsuit are the Kansas Association of Broadcasters, The Chanute Tribune, The Garden City Telegram, The Hays Daily News, The Hutchinson News, The Lawrence Journal-World, The Ottawa Herald, The Parsons Sun, The (Pittsburg) Morning Sun, The Salina Journal, The Topeka Capital-Journal, and The Wichita Eagle.

On the Net:

Sebelius transition: http://www.ksgovernor.com