Printable Format75-4318. Meetings of state and subdivisions open to public; exceptions; secret ballots; notice; agenda, cameras, photographic lights, recording devices. (a) Subject to the provisions of subsection (g), all meetings for the conduct of the affairs of, and the transaction of business by, all legislative and administrative bodies and agencies of the state and political and taxing subdivisions thereof, including boards, commissions, authorities, councils, committees, subcommittees and other subordinate groups thereof, receiving or expending and supported in whole or in part by public funds shall be open to the public and no binding action by such public bodies or agencies shall be by secret ballot. Meetings of task forces, advisory committees or subcommittees of advisory committees created pursuant to a governor's executive order shall be open to the public in accordance with this act.
(b) Notice of the date, time and place of any regular or special meeting of a public body or agency designated in subsection (a) shall be furnished to any person requesting such notice, except that:
(1) If notice is requested by petition, the petition shall designate one person to receive notice on behalf of all persons named in the petition, and notice to such person shall constitute notice to all persons named in the petition;
(2) if notice is furnished to an executive officer of an employees' organization or trade association, such notice shall be deemed to have been furnished to the entire membership of such organization or association; and
(3) the public body or agency may require that a request to receive notice must be submitted again to the public body or agency prior to the commencement of any subsequent fiscal year of the public body or agency during which the person wishes to continue receiving notice, but, prior to discontinuing notice to any person, the public body or agency must notify the person that notice will be discontinued unless the person resubmits a request to receive notice.
(c) It shall be the duty of the presiding officer or other person calling the meeting, if the meeting is not called by the presiding officer, to furnish the notice required by subsection (b).
(d) Prior to any meeting mentioned by subsection (a), any agenda relating to the business to be transacted at such meeting shall be made available to any person requesting the agenda.
(e) The use of cameras, photographic lights and recording devices shall not be prohibited at any meeting mentioned by subsection (a), but such use shall be subject to reasonable rules designed to insure the orderly conduct of the proceedings at such meeting.
(f) Except as provided by section 22 of article 2 of the constitution of the state of Kansas, interactive communications in a series shall be open if they collectively involve a majority of the membership of the public body or agency, share a common topic of discussion concerning the business or affairs of the public body or agency, and are intended by any or all of the participants to reach agreement on a matter that would require binding action to be taken by the public body or agency.
(g) The provisions of the open meetings law shall not apply:
(1) To any administrative body that is authorized by law to exercise quasi-judicial functions when such body is deliberating matters relating to a decision involving such quasi-judicial functions;
(2) to the prisoner review board when conducting parole hearings or parole violation hearings held at a correctional institution;
(3) to any impeachment inquiry or other impeachment matter referred to any committee of the house of representatives prior to the report of such committee to the full house of representatives; and
(4) if otherwise provided by state or federal law or by rules of the Kansas senate or house of representatives.
History: L. 1972, ch. 319, § 2; L. 1975, ch. 455, § 2; L. 1977, ch. 301, § 2; L. 1978, ch. 361, § 1; L. 1985, ch. 284, § 1; L. 2001, ch. 122, § 1; L. 2002, ch. 162, § 1; L. 2008, ch. 178, § 2; L. 2009, ch. 58, § 1; L. 2012, ch. 16, § 32; L. 2015, ch. 68, § 15; July 1.
Law Review and Bar Journal References:
"The Kansas Open Meeting Act: Sunshine on the Sunflower State?" Deanell R. Tacha, 25 K.L.R. 169, 176, 177, 182, 183, 184, 186, 187, 188, 190, 191, 194, 199 (1977).
"Survey of Kansas Law: Municipal Corporations," Richard H. Seaton, 27 K.L.R. 269, 273 (1979).
"Open Meetings Profile: The Prosecutor's View," Bradley J. Smoot and Louis M. Clothier, 20 W.L.J. 241 (1981).
"Agency Access and Disclosure: Kansas and Federal," David L. Ryan, 56 J.K.B.A., No. 6, 8, 10, 11 (1987).
"A Species Unto Themselves: Professional Disciplinary Actions," Mary Feighny and Camille Nohe, 71 J.K.B.A. No. 6, 29 (2002).
"Kansas Sunshine Law; How Bright Does it Shine Now? The Kansas Open Meetings Act," Theresa Marcel Nuckolls, 72 J.K.B.A. No. 6, 34 (2003).
Attorney General's Opinions:
KOMA; luncheon meetings. 80-148.
KOMA; county hospital board of trustees; telephone conversations and voting. 80-159.
Violations of KOMA as grounds for forfeiture of public office. 80-168.
Open meetings held pursuant to telephone conference calls. 80-173.
Application of KOMA to work sessions; minutes. 80-197.
Committees and subordinate groups subject to KOMA. 80-201.
KOMA; application to Kansas university endowment association. 80-239.
Written and oral requests for notice and agenda under KOMA. 81-15.
KOMA; oral notice; closed sessions. 81-22.
KOMA; political caucuses of legislature. 81-26.
KOMA; county hospital board of trustees; closed executive sessions. 81-39.
Parochial school boards are not subject to KOMA. 81-94.
KOMA; secret balloting. 81-106.
KOMA; requests for notice; charges therefor. 81-137.
Special meetings of boards of education. 81-206.
Application of KOMA to nonprofit corporation. 81-253.
KOMA; appointments by secret ballot prohibited. 81-258.
KOMA; informal gatherings. 81-262.
KOMA; meetings with special interest groups. 81-264.
KOMA; telephone conversations; public access. 81-268.
KOMA; township board; conduct of meetings. 81-288.
KOMA; watershed districts; executive session with legal counsel permissible despite K.S.A. 24-1212. 82-130.
KOMA; attending retreats and conventions. 82-133.
Notice of legislative interim study committees; Kansas Register. 82-141.
KOMA; persons who may attend executive sessions. 82-176.
Kansas Cosmosphere and Discovery center is not subject to KOMA. 82-256.
Hazardous waste disposal facility approval board is subject to KOMA. 82-266.
KOMA; uniform application to cities. 83-6.
KOMA; KCC; quasi-judicial deliberations. 83-32.
KOMA; election of hospital district directors in cities of third class and townships. 83-125.
KOMA; notice of regular meetings. 83-173.
KOMA; metropolitan Topeka airport authority quorum change. 83-174.
KOMA; application to nonprofit corporation (community action agency). 84-10.
KOMA; procedures for bodies exercising quasi-judicial functions. 84-50.
KOMA; advisory committees are subject to act. 84-81.
KOMA; joint meetings between governing bodies subject to act. 84-103.
Bodies subject to open public meetings; not-for-profit corporations. 85-49.
Records open to public; access to city department reports. 85-156.
Application of KOMA to electric cooperatives. 85-175.
Open public meetings; bodies subject thereto; hospitals organized through donations. 86-38.
Meetings of public agencies open to public. 86-48.
Applicability of act to advisory committees to county fire districts. 86-84.
Bodies subject thereto; advisory committees; individual, acting alone, is not a committee. 86-92.
Notice and agenda of meetings. 86-133.
Attendance at executive sessions. 86-143.
Executive sessions; consultation with an attorney. 86-162.
Secret ballots; voting procedure to elect members of the state board of agriculture. 86-176.
Executive session; personnel matters. 87-10.
Husband and wife serving on five-member board; definition of meeting. 87-45.
Discussion of acquisition of real property may be in a closed meeting; discussion of sale of real property must be in open meeting. 87-91.
Private, nonprofit corporation receiving public funds and acting as governmental agency is subject to KOMA. 87-143.
Public officers and employees; executive sessions; personnel matters; open public meetings; independent contractors. 87-169.
County and county officers; open public meetings; attendance at executive sessions. 87-170.
Open meetings act; application to private, nonprofit corporation. 87-188.
Racing commission; licensure; open records act; confidential information. 88-3.
Governing bodies; subordinate commissions; open public meetings; personnel matters. 88-25.
Private, nonprofit corporations; public funds; open public meetings. 88-27.
KOMA; rural water districts. 88-97.
KOMA; executive sessions; confidential data relating to financial affairs or trade secrets. 88-148.
KOMA; discussions regarding peer review and risk management reports; confidentiality and open meetings requirements. 89-42.
Executive sessions; acquisition of property. 89-92.
Chamber of commerce. 89-149.
Levees; powers of county commissioners. 90-69.
Open meetings act; executive sessions; applicability; persons entitled to attend; actions taken. 91-31.
Authority of Johnson county park and recreation district; open meetings. 93-34.
Drug utilization review committee; subject to Kansas open meetings act. 93-41.
Parental boards to Valley Center recreation commission are subject to open public meetings act. 93-73.
Open public meetings; house and senate conference committees; notice of meetings. 93-113.
Open public meetings; association for K-10 corridor development. 94-42.
KOMA not applicable to Koch commission on crime reduction and prevention. 94-55.
Consensus estimating group is not subject to requirements of KOMA. 94-93.
Mid-America commercialization corporation is not subject to KOMA. 94-99.
Open public meetings; application to precinct committees. 94-157.
Notice of meetings of bodies and committees of bodies subject to open meetings act. 95-112.
Notice of adjourned, recessed or continued meetings subject to open meetings act. 96-14.
Board of dental examiners; changing number of members constituting a quorum. 96-32.
Application of open meetings act and administrative procedure act to proceedings for determination of benefits of KPERS member before hearing officer and board of trustees. 1997-40.
Deliberations involving exercise of quasi-judical function exempt from open meetings act. 1997-41.
Ad Astra funds are not subject to open records act or open meetings act. 1997-85.
Interactive communication; real time; serial communications such as calling tree. 1998-26.
Meetings; serial meetings or communications; calling trees. 1998-49.
Local historic preservation commissions; jurisdiction; subject to open meetings act. 1999-22.
Not-for-profit corporation, although receiving some public funds, is not subject to Kansas Open Meetings Act. 1999-64.
Extension Councils are subject to Kansas Open Meetings Act. 2000-63.
Hesston Area Senior Center not subject to Kansas Open Meetings Act. 2001-02.
Application of Kansas Open Records Act and Kansas Open Meetings Act to Finney County Economic Development Corporation. 2001-13.
Release of information from nongovernmental sources by Legislative Post Audit. 2001-18.
Discussions concerning candidate for municipal court judge should take place openly and not in executive session. 2002-28.
Public body subject to Kansas Open Meetings Act may conduct meetings by telephone; general public must be able to listen. 2005-3.
Board for technical college is subject to open meetings act. 2007-17.
Evaluation of an employee may be discussed during the executive session but the topic of policy or directive adopted by a governing body must be within the context of such employee's performance. 2009-21.
Interactive communication does not occur when a non-member of a body communicates with a majority of that body and a member responds and shares the response with other members. 2009-22.
CASE ANNOTATIONS
1. Recess for short deliberate session during all-day meeting and before announcing decision not subterfuge to defeat purpose of act; substantial compliance. Olathe Hospital Foundation, Inc. v. Extendicare, Inc., 217 Kan. 546, 562, 539 P.2d 1.
2. Question of right of public to attend party caucus moot; under facts no additional relief could be granted. Burnett v. Doyen, 220 Kan. 400, 401, 552 P.2d 928.
3. Unannounced gathering prior to scheduled meeting constituted violation of open meetings law. Coggins v. Public Employee Relations Board, 2 Kan. App. 2d 416, 423, 581 P.2d 817.
4. Meetings in executive sessions of regional planning commission did not vitiate its actions. International Villages, Inc., of Amer. v. Board of Comm'rs of Jefferson Co., 224 Kan. 654, 659, 585 P.2d 999.
5. Act applicable to Corporation Commission. Southwestern Bell Tel. Co. v. Kansas Corporation Commission, 6 Kan. App. 2d 444, 459, 629 P.2d 1174 (1981).
6. Act is not unconstitutionally overbroad or vague; statute depends on civil sanctions for enforcement; also discussed in dissent. State ex rel. Murray v. Palmgren, 231 Kan. 524, 531, 534, 540, 541, 542, 646 P.2d 1091 (1982).
7. School board not required hereunder to prepare and publish agenda for regular meetings; any agenda prepared may be amended. U.S.D. No. 407 v. Fisk, 232 Kan. 820, 823, 824, 660 P.2d 533 (1983).
8. Not applicable to arbitration hearings re: contract dispute for school construction. In re Arbitration between Johns Constr. Co. & U.S.D. No. 210, 233 Kan. 527, 528, 529, 664 P.2d 821 (1983).
9. Mandamus lies requiring prepared agenda to include topics planned for discussion. Stevens v. City of Hutchinson, 11 Kan. App. 2d 290, 293, 726 P.2d 279 (1986).
10. Open meetings act examined; management company leasing from county hospital board not subject to KOMA. Memorial Hospital Ass'n, Inc. v. Knutson, 239 Kan. 663, 668, 670, 722 P.2d 1093 (1986).
11. If segregation of exempt and nonexempt topics make coherent discussion impossible it may be reasonable to close entire meeting. State v. U.S.D. No. 305, 13 Kan. App. 2d 117, 119, 120, 764 P.2d 459 (1988).
12. Act not violated where consensus only reached in executive session; advance preparation of resolution reflecting expected action not due process violation. O'Hair v. U.S.D. No. 300, 15 Kan. App. 2d 52, 66, 805 P.2d 40 (1991).
13. Defendant's alleged violation of open meeting law in awarding contract did not affect prior court's commerce clause analysis. Waste Connections of Kan. v. City of Bel Aire, KS, 191 F. Supp.2d 1253, 1255 (2002).
14. The governor-elect transition office is not a state agency within meaning of Kansas open meetings act. Associated Press v. Sebelius, 31 Kan. App. 2d 1107, 78 P.3d 486 (2003).
15. Private party challenging action in violation of KOMA has standing to sue only for injunction or mandamus, not to void the action. Krider v. Board of Trustees of Coffeyville Community College, 277 Kan. 244, 83 P.3d 177 (2004).