Complaint filed with Douglas County DA
USD 497 Refuses to Comply with Open Records Request
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August 28 - Wichita - Kansas Policy Institute filed a formal complaint with the Douglas County District Attorney today as a result of USD 497 in Lawrence refusing to comply with the Kansas Open Records Act (KORA). KPI requested payroll and checkbook data for the 2012 school year in Excel format but USD 497 will only provide it in a more cumbersome PDF format, even though they fulfilled an identical request last year with no objections.
A 2009 KORA Update from the State Attorney General's Office (Section IV,F) says "Computerized information can meet the definition of a public record and must be provided in the form requested if the public agency has the capability of producing it in that form."
"The expectation should be transparency and accountability, not obfuscation and red tape," said KPI president Dave Trabert. "Why would a school district waste time and taxpayer money to make it difficult for taxpayers to see how their money is being spent?"
Despite USD 497 failing to comply with the law, KPI has been able to convert and post payroll data and employment contracts at KansasOpenGov.Org. Lawrence paid $2,096,727.98 more in total payroll expenditures in 2011-2012 than it did in the previous year, representing a 3.4% increase.
KPI requested the data in Excel, which is widely used in database applications as it allows for data to be easily queried and downloaded. A PDF, as released by USD 497, is more difficult to search and tabulate. For instance, searching the Excel-based data for payments to "Black Hills Energy" in 2011 quickly shows that USD 497 paid $125,020.40, presumably for gas service, during the 2010-2011 school year. Completing that same calculation for the 2011-2012 school year would require someone to search a PDF and add approximately 450 different check amounts together.
Trabert continued, "We're simply asking that government agencies be open with Kansans about how their money is being spent. There were over 33,000 entries in the Lawrence checkbook last year and asking someone to search those individually is being deliberately opaque in the face of a clear requirement in Kansas law."
"One can only speculate as to why USD 497 doesn't want their checkbook information to be easily searched. It shouldn't take KPI filing a complaint with the Douglas County District Attorney for USD 497 to do what they have done before - comply with KORA. As the Lawrence Journal-World reminded us last week, Kansans should 'increase their vigilance concerning the conduct of state business behind closed doors.' It stands that expectation should extend to open checkbooks as well."
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Kansas Policy Institute is an independent think-tank that advocates for free market solutions and the protection of personal freedom for all Kansans. Our work centers on state and local economic policy with primary emphasis on education, fiscal policy and health care. We empower citizens, legislators and other government officials with objective research and creative ideas to promote a low-tax, pro-growth environment that preserves the ability of governments to provide high quality services. To speak with Kansas Policy Institute, please contact James Franko at (316) 634-0218.
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