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Archive for April, 2012

April 12, 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 17, 2012 viewed here ICLEI Kansas Open Records Request and the response dated March 20, 2012 viewed here ICLEI-kora-response .

Following a similar complaint filed with your office Clarion KORA Request and the response provided by Johnson County Clarion KORA Response and with The AG’s involvement and intervention, The County acknowledged public access dated March 30, 2012 here JoCo Concedes Clarion .

This current complaint demands of The County the same public access to ICLEI members only information that is only accessible to few County Staff and elected officials.  This complaint remains that The County has access to tax paid ICLEI information that The County uses in a variety of means and methods yet remains inaccessible to the public.

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/

Johnson County tax payers provide $3,500 annually which includes access to non-public information on and with ICLEI. 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 “Member” information the County is in “possession” of material that should be Public.

The lawfully executed KORA request dated March 17, 2012 attempted to make public information that was paid for by The County with tax dollars but only accessible to a few.

Respectfully Submitted,

“Life, Liberty and the Pursuit of Anyone Who Threatens It”
 
Ken Dunwoody                                                      GOD
Henpecked Acres                                          One Nation
14850 W. 159th St.
Olathe, Ks. 66062
(913)768-1603
kdunwoody2@aol.com http://NOlathe.net http://NOjocoboco.net
View Sarah’s Story http://www.youtube.com/watch?v=GUWuUvOZ7RY http://vimeo.com/23038312
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