NOlathe's Blog

March 21, 2012

Kansas Attorney General Derek Schmidt

General@ksag.org

Mr. Attorney General,

Please accept this as a signed complaint regarding Johnson County Board of County Commissioners refusal to supply documents as a result of a legal KORA request dated March 18, 2012 viewed here Clarion KORA Request and the response dated March 20, 2012 viewed here Clarion KORA Response . 

I respectfully request that this complaint remain in control of your office and not forwarded to the Office of Johnson County District Attorney Steve Howe.  Sitting County Commissioners violated the County’s Home Rule Charter by endorsing Mr. Howe during the 2008 campaign  Section 2.07. PROHIBITIONS. No Commission member shall directly interfere with the conduct of any agency or any department, or any part thereof, including the appointment or removal of employees, except at the express direction of the Commission or as otherwise provided by this Charter. 

As the District Attorney, I have met with him personally or with immediate Staff on two occasions submitting two complaints on the conduct of one or more of the Commissioners.  With multiple follow-ups on my part, now more than two years later there has been no decision rendered by the DA Office and consistent with this recent report on “Transparency” http://www.stateintegrity.org/

The County Cites KSA 45-217g “”Public record” means any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency including, but not limited to, an agreement in settlement of litigation involving the Kansas public employees retirement system and the investment of moneys of the fund. http://www.kslegislature.org/li/b2011_12/statute/045_000_0000_chapter/045_002_0000_article/045_002_0017_section/045_002_0017_k/

Before dissecting the County’s response, allow me to provide some history:

• Citizens’ Visioning Committee formed by The County Commission on September 17, 2009 to develop 20 year plan towards “sustainability” submits request to hire Clarion Associates as a “professional facilitator”  at a sum not to exceed $194,685.  Clarion Justification 9.17.2009 
• Clarion “Proposed Scope of Work” Clarion Bid 4.13.2010 
• Signed Clarion Contract Clarion Contract
• Clarion Associates web site http://www.clarionassociates.com/services/planning/sustainable-community-plans/
• Clarion “Client Access”  http://clarion.filestockpile.com/ 

Johnson County Board of County Commissioners selectfully formed a committee to create a 20 year plan and then hired a facilitator at $194,685 to direct the committee to a pre-determined conclusion (that’s what facilitators do).  That brings us to the basis of this submitted Complaint.

Johnson County tax payers provided $194,685 which included access to non-public information on and with Clarion. Prior directions from the Kansas Attorney General’s Office http://ag.ks.gov/docs/publications/kansas-open-records-act-(kora)-guidelines.PDF?sfvrsn=2

• Computer data is a “record.”  State ex rel. Stephan v. Harder, 230  Kan. 573, 582 (1982) (considering prior records statute). A.G.  Opins. No. 87-137, 88-152, 89-106, and 94-104

• Albeit temporary (although printable and saved), when accessing “Client” information the County is in “possession” of material that should be Public.

The lawfully executed KORA request dated March 18, 2012 attempted to make public information that was paid for by The County but only accessible to a few.

Respectfully Submitted,