2/9/2012
By CHRIS HUNTER Salina Journal
Kansas House member Charlie Roth, R-Salina, said Wednesday that he is concerned Kansas legislators violated the Kansas Open Meetings Act early last month at a dinner with Gov. Sam Brownback.

Roth said Republican members of the House of Representative's pensions and benefits committee were invited to a dinner Jan. 9 at Cedar Crest, the governor's mansion.

"What made me uncomfortable was that we had a majority of the committee there," Roth said. "The governor came in and gave a pep talk about how the (Kansas Public Employees Retirement System) committee had met all summer and fall and that we should pass their recommendation promptly. In my mind, we were violating the open meetings law."

Roth said he should know about violations of the Kansas Open Meetings Act. He said he violated it as a Salina city commissioner in the 1980s during discussions of development of Salina's Central Mall.

"Back then, there were five commissioners and a violation could be the majority of a quorum (three commissioners), which was two," Roth said. "We were warned for the violation and I have taken it seriously since then."

According to a news release from his office, Brownback held nine dinner meetings with legislators from Jan. 9 to Feb. 7, and he took caution to warn legislators not to violate the open meetings law. Under the law, committee meetings are supposed to be open if there is a quorum or majority of "legislative or administrative" body meeting together.

Shawnee County District Attorney Chad Taylor, a Democrat, is investigating whether the dinners violated the law. If legislators are found to have violated the law, they could be fined $500 for each incident.

'This is very political'

Reps. Steven Johnson, R-Assaria, and Tom Arpke, R-Salina, and Sen. Pete Brungardt, R-Salina, each were invited to at least one of the dinner meetings.

Taylor sent letters to legislators about keeping correspondence from Brownback regarding the dinner, but Arpke said he didn't acknowledge Taylor's letter.

"I don't think he deserves a response," Arpke said. "I think this is very political."

Brungardt said he didn't think it was a good idea for Brownback to invite entire committees to dinner but is not sure whether the gatherings broke the law.

"The majority of a committee meeting is not necessarily a violation if they don't talk about issues that are before the committee," Brungardt said. "If you are going to talk about issues before your committee, you have to tell everyone."

Brungardt said he was invited but didn't attend a dinner with Brownback on Tuesday night because of prior commitments.

Dinners not uncommon

Roth said he has attended similar dinners under former Govs. Kathleen Sebelius and Mark Parkinson.

"The governor regularly invites legislators to Cedar Crest for dinner," Roth said. "I'm the type of person that, when the governor calls you to Cedar Crest or their office, you go. Usually, it had been a mixed crowd of Republicans and Democrats and no single committees were invited."

Roth said past gatherings usually included dinner, conversation and "no lobbying."

Roth said a committee of "financial experts," mostly appointed by Brownback, are suggesting the Legislature overhaul KPERS by approving a defined contribution plan for state workers. Under the plan, state employees' retirement benefits would be based on how much they contribute. The plan is similar to a 401 (K).

"He (Brownback) wanted us to pass what the committee recommended," Roth said. "They were endorsing the governor's plan."

Didn't discuss specifics

Roth said Senate President Steve Morris, R-Hugoton, was on hand at the dinner he attended to stop discussion if he believed legislators were violating the open meetings act.

Roth said that during the discussion about the KPERS legislation, one legislator asked a question about where the Legislature "goes from here," and Morris stopped the discussion.

Johnson, who attended the dinner with Roth, said he didn't think legislators violated the open meetings act. He said he doesn't remember discussions about specific issues.

"The governor has talked to us before about KPERS," Johnson said. "He told us if we could get KPERS out of the way early on, it would be great. I heard it before and I'm sure I would hear it today if he got a chance to talk to me."

'No big deal'

Roth said he didn't speak out about the open meetings issue until he was approached Tuesday by a reporter in Topeka.

"No one from the media asked about my participation in the meetings, and I didn't volunteer it until I was stopped by a reporter," Roth said. "I had aired my discomfort with several colleagues."

Roth said several colleagues considered it "no big deal."

"I think it is a big deal and was uncomfortable in that setting," Roth said.

This is a 'nonissue'

Arpke said the dinners are a "nonissue."

"The governor said not to have discussions (that would break the law)," Arpke said. "We just had an open dialogue and went over the State of the State address. It is stuff that has been addressed before."

Arpke said Brownback did talk about his plans and how he wanted them to vote.

"But we told him we already had a different plan," Arpke said. "We are on our own here because he hasn't done anything to influence anything we have voted on."

Johnson said he considered the invitation to Cedar Crest to be "entertainment" and a way of thanking legislators for their service.

-- Reporter Chris Hunter can be reached at 822-1422 or by email at chunter@salina.com.

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