Newton commission receives training on Open Records and open-meeting rules

City staff led a training session for the Newton City Commission focused on the Kansas Open Records Act and COMA, reviewing what counts as public records, how a meeting is defined, and how to avoid violations when using email or social media.

Staff explained that public records include any recorded information in public possession and that emails or messages between commissioners and city staff about city business are searchable and requestable under the Open Records Act. "Anything that the city staff is, that would also be, we because we work for a public entity," Speaker 1 said while describing which materials are public records. Staff advised commissioners to refer public-records requests to city staff, who handle deadlines and potential fees.

On open meetings rules, Speaker 5 summarized the statutory test for a meeting: "It's a gathering or assembly ... conducted by a quorum of the membership," and noted, "A quorum is 3" for this five-member body. He stressed that no formal vote is necessary for a gathering to qualify as a meeting under COMA and that meetings conducted by interactive means (email, social media, phone) can fall under the law if the three elements are present. The presentation also described serial meetings as a separate test: a series of interactive communications that collectively involve a majority, share a common topic and where at least one participant intends to reach agreement.

Staff reviewed allowable executive-session topics (attorney-client privileged communications, non-elected personnel discussions, trade secrets, acquisition of real estate and security measures), noting that binding action cannot occur behind closed doors and that decisions must be voted on in public when appropriate. The presenters said penalties are generally reputational and procedural, with mandated training recommended; they referenced past enforcement cases by the attorney general and encouraged staff consultation when uncertain.

Practical guidance included: maintain a notice list and mail paper copies on request; make livestreams and meetings reasonably accessible (overflow locations, phone listening options); avoid replying-all or interactive threads that could inadvertently create a quorum; and consult staff before pursuing a special meeting or executive session. No motions or votes were taken during the training.

Staff closed by encouraging commissioners to contact the city manager or city staff for assistance on records requests and COMA questions and to use staff support to reduce the risk of inadvertent violations.