A Brief
History of the
Kansas Sunshine Coalition for Open Government
Background
Organization of the Kansas Sunshine Coalition for Open
Government began at a meeting in Wichita on May 8, 1999. As
significant as that might seem, it must be viewed as an
important step in a larger and longer process that started
many years before by individuals and, particularly, state
media organizations that were concerned about the need to
increase citizen access to government meetings and records.
Kansas, like most states, had always provided some form of
limited access to public records. However, this was generally
limited to records that were required by law to be kept and
these records were open only to individuals who had a legal
interest in them. Following earlier attempts to improve
statutory access to public records and public meetings, the
real success came with passage of the Open Meetings Act in
1972 and the Open Records Act in 1984.
These were excellent laws initiated by individuals who shared
a concern about improving public access to government in
Kansas. The Open Meetings Act declared that all meetings for
the conduct of governmental affairs and the transaction of
governmental business must be open to the public. The Open
Records Act declared that all public records must be open for
inspection by any person unless otherwise provided by law and
that “this act shall be liberally construed and applied to
promote such a policy.”
The problem, however, was that both acts had been amended
freely over the years that followed. By time the Sunshine
Coalition completed the organizational process in 2000 there
were 44 exemptions to the Open Records Act (five pages,
single-spaced). Similarly, there were 13 exemptions to the
open meetings law (13 ways a public body could close a
meeting to the public). In addition, by then there were
already 80 Attorney General Opinions to help “clarify” the
meaning of the open meetings law and its exemptions.
Organizing the Coalition
The process for organizing an open government coalition in
Kansas began in November of 1998 when Vernon Keel, professor
of communication law at Wichita State University, attended a
meeting in Nashville, Tennessee. At the time, Keel was State
Sunshine Chair (freedom of information officer) for the
Kansas Professional Chapter of the Society of Professional
Journalists (SPJ). The meeting of State Sunshine Chairs he
attended in Nashville was held in conjunction with the annual
meeting of the National Freedom of Information Coalition
(NFOIC). Both meetings were held at the First Amendment
Center at Vanderbilt University. There he met individuals
from other states that had open government organizations and
who encouraged him to start that process in Kansas.
When he returned from that meeting, Keel began discussions
with people he knew who were concerned about the open
government situation in Kansas and who would be interested in
trying to organize some sort group to deal with these issues.
The people he contacted included: David Furnas of the Kansas
Press Association (KPA); Harriett Lange of the Kansas
Association of Broadcasters (KAB); Molly McMillin, president
of the Kansas Professional Chapter of SPJ; Les Anderson from
the Elliott School of Communication at Wichita State and a
newspaper publisher; Randy Brown and others at the Wichita
Eagle; Mike Merriam, legal counsel for KPA and KAB; and Mike
Kautsch, law professor at the University of Kansas and former
director of the William Allen While School of Journalism
there. Furnas, Lange and McMillin extended the discussion
with members of their respective organizations.
The first organizational meeting was held in Wichita on May
8, 1999, and featured Nancy Monson, who was executive
director of NFOIC and head of the Freedom of Information
Foundation in Texas. In addition to Keel, Furnas, Lange and
McMillin, others attending included Peter Pitz, Rick Thames
and Brown from the Wichita Eagle, newspaper publishers John
Lewis, Rhonda Humble and Anderson, and broadcasters Bryan
Thompson, Dan Dillon and Dale Goter.
That meeting was followed by another meeting in Emporia on
May 28, 1999, and another in Topeka on September 10. Officers
elected at a meeting on November 11 in Topeka included Vern
Keel as president, John Lewis as vice-president, Randy Brown
as secretary and Harriett Lange as treasurer. The Kansas
Press Association, the Kansas Association of Broadcasters and
the Kansas Professional Chapter of SPJ were identified as the
founding organizations and KPA and KAB provided funds to help
cover beginning costs for the Coalition.
Another meeting was held in Topeka on January 27. In February
the Coalition started a Web site (now sunshinecoalition.com)
and an Open Government Hotline to Attorney Mike Merriam
(phone: (785) 233-3700). The final organizational meeting was
held in Emporia on May 19, 2000.
In July of that year the Coalition received approval from the
Internal Revenue Service for 501(c)(3) status as a
non-profit, educational organization, and in November it
received a $10,000 grant from NFOIC for start-up activities
that would include production of an educational video on open
government in Kansas.
Keel resigned as president of the Coalition in November of
2000 before moving to Colorado. Vice President John Lewis
succeeded him. By then, the organization had nearly 40
charter members including newspapers, broadcast stations, law
firms and individuals who shared a concern about open
government in Kansas. And the Coalition now has four
sustaining members.
History provided by:
Vernon Keel, founder
Kansas Sunshine Coalition for Open Government