Emporia State administrators had a secret meeting at an undisclosed time and place March 17 to discuss why the emergency alert system took 50 minutes to inform campus of the active shooter March 9 at Heartland Apartments, 1325 Merchant St. ESU did not let the public or press attend the event.
“They’re a notification team,” said Max Kautsch, a media hotline attorney in Lawrence, Kansas. “ENT (Emergency Notification Team), is made up of public officials and the discussions during the ENT meetings relate to the actions of the public institution, so why aren’t they subject to KOMA (Kansas Open Meetings Act)?”
Gwen Larson, interim director of marketing and media relations, and Kevin Johnson, general counsel, contended the meeting was exempt from KOMA.
“The ENT does not set policy, they are not a group recognized and reviewed by the Faculty Senate…and they have no constitution or charter or other organizing document,” Larson said. “As such, this is not a committee or other group that is subject to the Kansas Open Meetings Act.”
Larson declined to comment further.
In the ESU Annual Security Report the Emergency Notification Team is referred to by name, as an ongoing group, making them subject to KOMA.
“It may well be that there are topics that ENT discusses that should not be made public, however, the KOMA clearly allows for the discussion of such subjects out of view of the public, in executive session,” Kautsch said. “Why can’t the ENT then retire to executive session?”
Kautch also cited an Attorney General Opinion that says advisory groups are subject to the law. AG Opinion 86-84 states that an “advisory” committee “is a subordinate group subject to the Kansas Open Meetings Act because the parent body isn’t administrative body which receives an expense public funds.”
“If it is a committee with responsibility for making or recommending policy then it is a public body and the meetings should be open,” said Frank LoMonte, executive director of the student press law center in Washington D.C.
The Bulletin has asked for advice from the Kansas Attorney General’s office.
