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Tuesday, February 21, 2012

Former Kansas AG Says Open Meeting Violation May Hinge on ...

From the Topeka Capital Journal:

Former Kansas Attorney General Robert Stephan says an investigation into whether a series of legislative dinners hosted by Gov. Sam Brownback violated the Kansas Open Meetings Act should hinge on what was discussed at the dinners.
Brownback hosted 13 legislative committees for seven dinners at his Cedar Crest mansion during January, sometimes bringing together two or three committees with related policy missions. All committee members who received printed invitations were Republicans except Sen. Kelly Kultala, D-Kansas City, who said she believed she was invited by mistake.
Stephan, a Republican who served as the state’s top legal authority from 1979 to 1995, said in a phone interview Thursday that if dinner conversation turned to committee business, the diners could have violated KOMA, even if they were in a social setting.
“I don’t know what went on or what all the facts are with those meetings or dinners,” said Stephan, who now practices in Overland Park. “The governor can certainly have a dinner and invite legislators, but if it gets specific in regards to specific issues, that might give rise to a violation.”
“If I was investigating, I would like to narrow down the specific statements made at the meeting,” Stephan added. “Who made them, whether there was a response from the governor and the governor’s staff — those are issues you have to look into.”
In recent interviews, multiple members of the Senate Assessment and Taxation Committee said discussion at their dinner with the Senate Commerce Committee included taxes, specifically public concerns about the loss of the home mortgage deduction and Earned Income Tax Credit in the governor’s tax plan.
One member said Tim Shallenburger, Brownback’s legislative aide, then said differences in tax plans could eventually be ironed out in a conference committee.
Members of other committees have said they talked about taxes, the state budget and water policy with the governor and his staff at the dinners.
Shawnee County District Attorney Chad Taylor is investigating the dinners for KOMA violations at the request of The Topeka Capital-Journal and the Kansas Press Association.

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