Douglas County commissioners briefed on Kansas open-meetings and records rules after expansion to five-member panel

Douglas County Board of County Commissioners held a work session on Jan. 15, 2025, to review the Kansas Open Meetings Act and the Kansas Open Records Act as the board transitions from three to five members, County Counselor John Bullock told commissioners.

The session, which was informational and did not accept public comment or include votes, focused on when gatherings of commissioners become open-meetings events, how electronic communications can create a meeting, the rules for executive sessions, and how public-records requests are handled under Kansas law.

John Bullock, county counselor, told the commission, “If I know the answer, I’ll tell you. And if I don’t, I’ll get it for you.” He framed the session as an opportunity to discuss practical steps for compliance as the board’s quorum threshold changed from two to three members when the body expanded to five.

Defining a meeting and the risk of “serial” meetings

Bullock summarized the legal test used to identify a meeting under the Open Meetings Act: a gathering of a majority of the body that involves interactive communication about the business or affairs of the commission. He said simply appearing together in public does not automatically create a meeting, but added that discussing official business in those settings does.

When Commissioner Gene Dorsey asked whether three commissioners attending the same public event before they were sworn in would be permissible, Dorsey said, “Last Sunday … three of us…