Resources for Public Librarians: Kansas Open Meetings/Open Records

Agendas and Board Meeting Minutes

KOMA does not speak to the minutes or agendas of library board meetings, but does require motions of the board to go in and out of executive session to be recorded in the minutes.  

Notice of Meetings

KOMA does not require notice of meetings to be published in a newspaper or otherwise widely distributed. According to KSA 75-4318(b), notice must be given to any person or organization requesting it. Notice requests may expire at the end of a fiscal year, but the public body has a duty to notify the person of the pending expiration before terminating notice. The presiding officer has the duty to provide notice, but that duty may be delegated. No time limit is imposed for receipt of notice prior to the meeting.

A single notice can suffice for regularly scheduled meetings.

There also is a duty to notify of any special meetings.

Public Comment/Participation at a Library Board Meeting

KOMA does not require the board to allow the public to speak at a meeting. If the board does permit public comment, it should be noted on the agenda. Ideally, the board has approved a policy for public comment, which states how long any one individual may speak (less than five (5) minutes is standard) and how many individuals from any one organization or entity may speak, and how many speakers may speak on any single topic. The board meets for a short time each month and must conduct the business of the library. Allowing the meeting to be overrun or "hijacked" by public comment does not allow the board to conduct the necessary business during the meeting. 

It is also acceptable that a Library Board request persons wishing to comment submit in advance of the meeting, in writing, the topic to be discussed. This allows the Board time to prepare in advance of the meeting. 

Recording a Meeting

KOMA does allow individuals to record the board meeting, but is subject to reasonable rules (the recording may not disrupt the meeting).

Best Practices for Open Meetings During an Emergency Declaration

What is a meeting?

The KOMA covers meetings, defined in K.S.A. 75-4317a, as a gathering or assembly with the following characteristics:

● Occurs in person or through the use of a telephone or any other medium for “interactive” communication (see “Serial Meetings” below);

● Involves a majority of the membership of an agency or body (prior to a change in 2009, a meeting was defined as involving the majority of a quorum of a body); and

● Is for the purpose of discussing the business or affairs of the body.

Serial Meetings are a violation of KOMA

K.S.A. 75-4317a and 75-4318(f) defines “meetings” as a quorum including the mayor gathering at one time or in serial face-to-face, by telephone or by email, etc. to discuss a specific issue with the intent of reaching agreement on a board action. 

When library board members discuss library business through any social media platform (Facebook Messenger, for example) or through text messages they easily run the risk of violating the Kansas Open Meetings Act. Additionally, personal cell phones and devices could be subpoenaed during a KOMA violation investigation. 

Special Meetings

As allowed by K.S.A. 12-1224, special meetings may be called at the direction of the president, and shall be called at the written request of the majority of board members, for the transaction of business as stated in the call for the meeting. Except in cases of emergency, at least 48 hours notice shall be given. 

No business other than stated in the call for the meeting may be discussed or conducted during a special meeting. 

Executive Session

K.S.A. 75-4319 allows executive sessions to be closed to the public.

K.S.A. 75-4319(b) lists the topics that can be discussed in executive sessions: 1) personnel matters about specific employees, 2) attorney-client privilege consultation, 3) preliminary discussion to buy real property, and 4) discussing specific minors.

The meeting must begin as an open meeting. 

State formal motion made, seconded and carried, all public bodies and agencies subject to the open meetings act may recess, but not adjourn, open meetings for closed or executive meetings. 

State the justification for the executive session

State one of the topics mentioned in K.S.A. 75-4319(b).

State the time and place the open meeting will reconvene. (The board can come out of executive session early, but may not reconvene the meeting until the time stated.)

The motion must be seconded.

If the reconvene time arrives and the committee wishes to continue the executive session, the open meeting must reconvene and a second motion is made to continue the executive session. 

No binding action can be taken during the executive session, but a board can come to consensus during the executive session. 

All motions for binding action must be announced in the open meeting. If the board wishes to take no action, the Chair should state "No action will be taken from executive session." 

The minutes of the open meeting must state: 

Times the executive session(s) started and ended

List anyone dismissed from the executive session and actions or a statement of no action from the executive session 

Work Sessions

Work sessions are subject to KOMA if the Board takes any "binding action" during the session. During a work session the Board MUST NOT make motions, make decisions, or even discuss library business. It is not necessary for a vote or binding action to be taken. Discussion of public business is what triggers the application of KOMA.

"Meeting" includes all gatherings at all stages of the decision-making process. 

Violations of KOMA

Anyone may file a KOMA complaint. If a violation is found, and circumstances show a willful disregard of KOMA rules, the Attorney General may impose a fine of up to $500 per individual.