Session of 2000
HOUSE BILL No. 2628
By Committee on Governmental Organization and
Elections
1-13
10 AN ACT
concerning the open meetings act; relating to executive or
11 closed meetings;
amending K.S.A. 75-4320a and K.S.A. 1999 Supp.
12 75-4319 and repealing
the existing sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 75-4319 is hereby amended to read as
16 follows: 75-4319. (a) Upon formal motion
made, seconded and carried,
17 all bodies and agencies subject to the open
meetings act may recess, but
18 not adjourn, open meetings for closed or
executive meetings. Any motion
19 to recess for a closed or executive meeting
shall include a statement of
20 (1) the justification for closing the
meeting, (2) the subjects to be dis-
21 cussed during the closed or executive
meeting and (3) the time and place
22 at which the open meeting shall resume.
Such motion, including the re-
23 quired statement, shall be recorded in the
minutes of the meeting and
24 shall be maintained as a part of the
permanent records of the body or
25 agency. Discussion during the closed or
executive meeting shall be limited
26 to those subjects stated in the motion.
27 (b) No subjects
shall be discussed at any closed or executive meeting,
28 except the following:
29 (1) Personnel
matters of nonelected personnel;
30 (2) consultation
with an attorney for the body or agency which would
31 be deemed privileged in the attorney-client
relationship;
32 (3) matters
relating to employer-employee negotiations whether or
33 not in consultation with the representative
or representatives of the body
34 or agency;
35 (4) confidential
data relating to financial affairs or trade secrets of
36 corporations, partnerships, trusts, and
individual proprietorships;
37 (5) matters
relating to actions adversely or favorably affecting a per-
38 son as a student, patient or resident of a
public institution, except that
39 any such person shall have the right to a
public hearing if requested by
40 the person;
41 (6) preliminary
discussions relating to the acquisition of real property;
42 (7) matters
permitted to be discussed in a closed or executive meeting
43 pursuant to K.S.A. 74-8804 and amendments
thereto;
2
1 (8) matters
permitted to be discussed in a closed or executive meeting
2 pursuant to subsection (e) of K.S.A.
38-1507 and amendments thereto or
3 subsection (f) of K.S.A. 38-1508 and
amendments thereto;
4 (9) matters
permitted to be discussed in a closed or executive meeting
5 pursuant to subsection (j) of K.S.A.
22a-243 and amendments thereto;
6
(10) matters permitted to be discussed in a closed or
executive meet-
7 ing pursuant to subsection (e) of
K.S.A. 44-596 and amendments thereto;
8
(11) matters permitted to be discussed in a closed or
executive meet-
9 ing pursuant to subsection (g) of
K.S.A. 1999 Supp. 39-7,119 and amend-
10 ments thereto;
11 (12) matters
required to be discussed in a closed or executive meeting
12 pursuant to a tribal-state gaming compact;
and
13 (13) matters
relating to the security of a public body or agency, public
14 building or facility or the information
system of a public body or agency,
15 if the discussion of such matters at an
open meeting would jeopardize
16 the security of such public body, agency,
building, facility or information
17 system.
18 (c) No binding
action shall be taken during closed or executive re-
19 cesses, and such recesses shall not be used
as a subterfuge to defeat the
20 purposes of this act.
21 (d) Closed or
executive meetings may be taped or otherwise recorded.
22 Such tape or recording shall not be
considered a public record and except
23 as provided by K.S.A. 75-4320a, and
amendments thereto, or section 3
24 and amendments thereto, such tape or
recording shall not be subject to
25 disclosure or discovery in a civil or
criminal action.
26 Sec.
2. K.S.A. 75-4320a is hereby amended to read as follows:
75-
27 4320a. (a) The district court of any county
in which a meeting is held
28 shall have jurisdiction to enforce the
purposes of K.S.A. 75-4318 and 75-
29 4319, and amendments thereto, with respect
to such meeting, by injunc-
30 tion, mandamus or other appropriate order,
on application of any person.
31 (b) In any action
hereunder, the burden of proof shall be on the
32 public body or agency to sustain its
action.
33 (c) In any action
hereunder, the court may award court costs to the
34 person seeking to enforce the provisions of
K.S.A. 75-4318 or 75-4319,
35 and amendments thereto, if the court finds
that the provisions of those
36 statutes were violated. The award shall be
assessed against the public
37 agency or body responsible for the
violation.
38 (d) In any action
hereunder in which the defendant is the prevailing
39 party, the court may award to the defendant
court costs if the court finds
40 that the plaintiff maintained the action
frivolously, not in good faith or
41 without a reasonable basis in fact or
law.
42 (e) In any
action hereunder for violations of K.S.A. 75-4319, and
43 amendments thereto, the court on its own
motion, or on the motion of the
3
1 attorney general or the county or
district attorney, may review, in camera,
2 the tape or recording of the
closed or executive meeting which is the
3 subject of such action. After such
review, if the court finds that a violation
4 has occurred, such tape or
recording shall be open for public inspection.
5
(e) (f) Except as otherwise provided
by law, proceedings arising under
6 this section shall take precedence
over all other cases and shall be assigned
7 for hearing and trial at the earliest
practicable date.
8
(f) (g) As used in this section,
"meeting" has the meaning provided
9 by K.S.A. 75-4317a and amendments
thereto.
10 New Sec.
3. (a) In any investigation of an alleged violation of the
11 provisions of K.S.A. 75-4319, and
amendments thereto, the attorney gen-
12 eral or county or district attorney may
compel the production of a tape
13 or other recording of the closed or
executive meeting which is the subject
14 of such investigation. After review of such
tape or recording by the at-
15 torney general or county or district
attorney, such attorney finds that a
16 violation has occurred, such tape or
recording shall be open for public
17 inspection.
18 (b) Any person
who has filed a civil action concerning a violation of
19 K.S.A. 75-4319, and amendments thereto, may
petition the judge of the
20 district court in which such action is
pending to review, in camera, any
21 tape or recording of the closed or
executive meeting which is the subject
22 of such action. After such review, if the
court finds that a violation has
23 occurred, such tape or recording shall be
open for public inspection.
24 Sec. 4. K.S.A. 75-4320a and
K.S.A. 1999 Supp. 75-4319 are hereby
25 repealed.
26 Sec. 5. This act shall
take effect and be in force from and after its
27 publication in the statute book.