What is an Executive Session?

A closed session (also referred to as an Executive Session) may be called in any open meeting provided a formal motion has been made, seconded to recess (not adjourn) into executive session for one of the limited purposes provided by law. The motion must also state the time and place at which the open meeting will resume and should only include the persons necessary to discuss the items stated in the motion. The discussion in the executive session must be limited to the purpose stated in the motion and no binding action may occur in the executive session. Eligible subjects for executive session include: personnel matters of non-elected personnel; consultation with an attorney on matters that would be deemed privileged in an attorney-client relationship; confidential data relating to financial affairs or trade secrets of second parties; discussion prior to the acquisition of real estate; and discussions regarding security matters.

What is an Open Record?

Pursuant to the Kansas Open Records Act (KORA) located at KSA 45-215 et seq., with the exception of the records specifically identified by law, all records maintained by the city must be open for inspection by the public. KORA clearly favors a liberal construction of the Act. However, cities must still balance an individual's constitutional right to privacy against the KORA.

KORA applies to "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...by public funds (of)...the state or any political or taxing subdivision of the state". (KSA Supp. 45-217e). KORA specifically does not apply to the records of entities that solely receive payment from public funds for property, goods or services of such entity (i.e. vendors of public agencies); the records of judges; or the records of any officer or employee of the state or a political subdivision of the state if the state or taxing subdivision does not provide the officer or employee with an office which is open to the public at least 35 hours per week.

KORA currently has over 35 exemptions from disclosure, including but not limited to three of the most common requests: personnel records of public employees or applicants (except for the name, position, salary and length of service of public officers and employees once they are employed); criminal investigation records, except that the district court, in an action brought pursuant to KSA Supp. 45-222, may order disclosure of such records, subject to such conditions as the court may impose, if the court finds that disclosure (A) is in the public interest; (B) would not interfere with any prospective law enforcement action; (C) would not reveal the identity of any confidential source or undercover agent; (D) would not reveal confidential investigative techniques or procedures not known to the general public; and (E) would not endanger the life or physical safety of any person; and correspondence between a public agency and a private individual, other than correspondence which is intended to give notice of an action, policy or determination relating to any regulatory, supervisory or enforcement responsibility of the public agency or which is widely distributed to the public by a public agency and is not specifically in response to communications from such a private individual.

For more information regarding KORA, visit the Kansas Attorney General's website.