The Garden City Telegram

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AP: Lawmakers say issues arose at governor events

Published 2/7/2012 in News

TOPEKA (AP) — Gov. Sam Brownback raised issues such as tax cuts and water policy in private meetings with legislators at his official residence, several lawmakers said Monday, although their accounts differed about the details.

Some Republican legislators who attended one or more of the gatherings with the GOP governor described them as purely social events. But several of the dozen lawmakers interviewed Monday by The Associated Press said Brownback made remarks about substantive issues; one said the governor mentioned specific bills on water policy, while another recalled a back-and-forth with legislators on tax issues.

Brownback had seven meetings in January for Republicans on 13 legislative committees, and Shawnee County District Attorney Chad Taylor, a Democrat, is investigating whether the gatherings violated the Kansas Open Meetings Act. Taylor has said the legality of the meetings depends upon whether legislators discussed substantive legislative issues and how much interaction there was among them.

Brownback spokeswoman Sherriene Jones-Sontag said Monday that the administration remains confident that the gatherings didn't violate the law. Brownback had gatherings scheduled Monday and today at Cedar Crest, his official residence, but the groups are bipartisan and don't appear to be tied to membership of specific committees.

State Sen. Dick Kelsey, a Goddard Republican who attended a Jan. 18 dinner with members of the Senate tax and commerce committees, said lawmakers sat in a circle and heard remarks from Brownback about his plan for overhauling the individual income tax system. Kelsey said the legislators received assurances that they weren't violating the Open Meetings Act.

"The governor gave a presentation about his tax plan, and various people asked questions and made comments," Kelsey said.

But Sen. Pat Apple, a Louisburg Republican who attended the same gathering, remembered Brownback's remarks as "rather generic" and said that while one attendee commented about potential issues with the governor's plan, there was no back-and-forth. And Tax Committee Chairman Les Donovan, a Wichita Republican, said he doesn't remember any business being discussed.

The Open Meetings Act generally prohibits a voting majority of a legislative body from discussing government business without giving the public notice or access to the meetings. Taylor has said the act does not apply to Brownback as an individual, and alleged violations are a civil matter, not a criminal one. A person found to have knowingly broken the law can be fined up to $500 per incident.

Brownback's administration has said the Cedar Crest meetings were social occasions, but it also has said top aides were present to keep legislators from having discussions that might violate the meetings law.

House Agriculture Committee Chairman Larry Powell, a Garden City Republican, attended both a Jan. 17 gathering and another Jan. 23, and recalled staff members being present to guard against violations.

He said at the second meeting he attended with members of both chambers' agriculture committees, Brownback mentioned specific water policy bills. But Powell said lawmakers did not ask questions.

"They said, 'As long as you guys don't talk, the governor can say whatever he wants,"' Powell said.

But Senate Agriculture Committee Chairman Mark Taddiken, a Clifton Republican who attended the Jan. 23 meeting, said he doesn't remember specific bills being mentioned, describing Brownback's remarks as general.

"I think there were a couple of questions or comments," he said. "It didn't last more than five minutes."

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Online:

Kansas Legislature: http://www.kslegislature.org

Kansas governor: https://governor.ks.gov/

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