Committee on Federal and State Affairs reviews Kansas open‑meetings and public‑records duties, warns against 'reply all' emails

Mike Heim of the Revisor of Statutes Office briefed members of the Committee on Federal and State Affairs on the Kansas Open Meetings Act and the Kansas Open Records Act and warned that commonplace practices such as replying to a group email can create a violation of open‑meetings rules.

Heim, who distributed a printed memo, told the committee the Open Meetings Act (passed in 1972) applies broadly to legislative and administrative bodies and their subcommittees, and that a gathering of a majority of voting members discussing public business constitutes a meeting. He noted this committee has 23 members, so 12 members would constitute a quorum. "I didn't trust the paperless, so I made copies. But from now on, I will trust the paperless," Heim said as he opened the briefing.

The memo also highlighted that remote or electronic meetings are treated as meetings if there is interactive communication among a majority of members, and that committees should provide a way for the public to access hearings held remotely. Heim referenced existing House guidance (rule 4305) that incorporates open‑meetings expectations for legislative committees and cautioned that interactive electronic exchanges — including email chains with back‑and‑forth replies — can convert an informal exchange into a meeting that should be open.

Heim reviewed the Kansas Open Records Act (1984), explaining its broad definition of "public records" and noting an explicit exemption for legislators' personal correspondence. He told the committee that public records presented at an open meeting are subject to disclosure and that agencies generally must respond to records requests within three business days. He also said violations can prompt complaints to the attorney general's office and noted a statutory civil penalty of up to $500 per violation. Heim added that repeated or serious violations have in some circumstances been used as the basis for recall or ouster actions.

Committee members and staff discussed practical steps to reduce risk. The committee chair warned, "reply all is not your friend here," advising members to avoid reply‑all on group email threads. Representative Norton recommended using blind carbon copy (BCC) when initiating group messages so a subsequent reply‑all will not circulate responses to the full group.

Committee staff identified internal resources for members: the Revisor of Statutes Office and legislative research staff can be consulted on records requests and meeting notice requirements, and committee documents will be shared on members' S drives. The chair and staff said they will attempt to maintain paperless distribution and to assist members unfamiliar with the file‑share system.

The briefing closed without formal action; committee members asked no formal follow‑up motions during the session.

Less urgent details: Heim noted that an attorney general guidance used during the COVID period allowing remote meetings provided public access mechanisms but that specific emergency guidance from that period is no longer in effect; committees should therefore ensure any electronic meeting provides meaningful public access.