The only way to find out
By Randy Brown
Kansas Sunshine Coalition
You have to hope that James Madison isn't spinning in his grave. But if he's gazing down on Kansas, he probably is.
This nation's fourth president was a hero of the Bill of Rights. The 251st anniversary of his birth is March 16, celebrated by those who cherish open government as Freedom of Information Day. And open government is under assault this session in the Kansas Legislature.
Let's go to the dubious scoreboard:
— A bill (HB 2149) that would have made advisory boards and task forces appointed by the incoming governor subject to open meetings law has stalled in the Kansas House. House Speaker Doug Mayes, R-Topeka, reportedly doesn't think it would pass. You may remember that the bill was prompted when then-Gov.-elect Kathleen Sebelius appointed a set of committees (using state tax money) to study the state budget in secret. Its passage ought to be the easiest of legislative decisions.
— A so-called "utility security bill" (HB 2374) looks like it will sail through the Legislature. The bill would let utility companies charge customers for "homeland-security" upgrades — without revealing the amount of the charge. The idea is that public knowledge of homeland security charges would somehow endanger homeland security. That's an amazing stretch of logic.
— A current law requires Kansas school districts to publish the names, positions and salaries of superintendents and department heads every year. Now a bill (SB 82) has been introduced to do away with that law. It passed the Senate 39-0. It's worth noting that the action was prompted by the Kansas Association of Schools Boards, which apparently doesn't believe taxpayers need to know much about how their tax money is spent, though it wants a lot more tax money spent on public schools.
— And then there's HB 2420, an Internet filtering bill motivated by concerns about child pornography, which already is against the law. This bill is especially dangerous to the state's libraries. It mandates the use of costly filtering technologies by institutions already under budgetary assault. These technologies are far from foolproof. The bill contains language that's already been overturned by federal courts. And it ignores the most trenchant fact: Library staff members already work hard to make sure Internet access in their care isn't abused.
In short, HB 2420 is flawed and gratuitous. It is a solution in search of a problem. Sure, politicians are right to be for "homeland security" and against "child pornography." But governing isn't that quick and easy. And openness, an essential element of a democratic society, must be weighed in the bargain.
To be fair, the Legislature is considering two new laws that would well serve the public's interests. One (SB 67) would open records after a child's death because of abuse and neglect. Another (HB 2413) would require private agencies that contract with government to open records of the portion of their business funded by tax dollars.
These bills should become law.
Open government is not a cosmic phrase that's disconnected from real life. It is the only independent way to find out if government — police, courts and all other public institutions — is working well and in the public interest.
Kansas lawmakers should get past the knee-jerk, feel-good politics and consider more carefully the rights of citizens and taxpayers.
Randy Brown, Senior Fellow in the Elliott School of Communication at Wichita State University, is president of the Kansas Sunshine Coalition of Open Government.
