TOPEKA, Kan. (Legal Newsline) — Kansas Attorney General Derek Schmidt announced March 8 that he has executed a settlement with the city of Independence after allegations of violating the state’s Open Records Act (KORA).
According to allegations, Schmidt’s office received a complaint stating the city violated KORA when it refused to disclose a copy of a blank evaluative tool the city commission used to evaluate the city manager. Schmidt’s office looked into the matter and determined that the city did indeed violate KORA.
Schmidt’s office also determined that the blank evaluative tool was actually a city manager performance evaluation that is publicly available online. It is therefore not subject to discretionary closure per state laws.
The city signed a consent order admitting to the violation and for refusing to provide a copy of the publicly available form to the complainant. The city agreed to make the form available and pay a $250 civil penalty.