1. What Groups are Subject to the KOMA?
- How do you determine if a particular group is subject to the Kansas Open Meeting Act (KOMA)?
It is a factual issue. The KOMA applies to state and local public agencies (those related to the government). It does not apply to private entities. The KOMA also applies to any subordinate group formed by such public agencies (e.g. committees, sub-committees etc.). This means that KOMA applies to state boards, commissions, committees, city councils, county boards of commissioners, township boards, rural water district boards, public library boards, etc. and most groups formed by such entities in order to assist them with public business. The KOMA not apply to private persons or meetings of private groups such as home owner's associations, church groups, private clubs, private businesses, political party caucuses, etc.
- Does the KOMA apply to single individuals who work for the government?
No. The KOMA does not apply to single persons. It applies to "public bodies" which requires there be at least two people.
- Does the KOMA apply to staff meetings of a public agency?
No. Not unless the staff meeting also includes participation by a majority of a quorum of a public body subject to the KOMA
- Does the KOMA apply to judges or judicial bodies?
No.
- Does the KOMA apply to the Kansas Legislature or its committees?
Yes, unless the House or Senate, or one of their committees, adopts a rule exempting a particular body from the KOMA. Thus, in order to determine if the KOMA applies, the Rules of the House or Senate (or committee in question) must be reviewed.
- Does the KOMA apply to a public body acting in a quasi-judicial manner?
Not if the body is deliberating on a case/matter before it. For example, a zoning appeals board may privately discuss a case it is trying to decide.
- Does the title of the gathering make any difference? E.g. "Work Session", "retreat", "Study group", "Executive board meetings" etc.
No. If the group in question is subject to the KOMA, and it holds a meeting as defined by the KOMA, the meeting must comply with the KOMA.
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