The Wichita Eagle, Jan. 30

If state hospital is 'a pit,' Brownback shares in the blame

On his way out the door of the governor's office, Sam Brownback gave us something to remember him by — as if we wouldn't remember him already.

After a $360 million prison project at Lansing Correctional Facility was approved by the State Finance Council last week, Brownback told reporters many state facilities were in disrepair. Get a look at his reasoning.

"We've got a series of state assets that have been underfunded for years," he said. "I've been asking some of your guys to go around and look at some of them, whether it's Lansing (or) Osawatomie State Hospital."

He called Osawatomie's facility "a pit."

So the seven-year governor, who promoted tax cuts that led to massive holes in state budgets, complains that state facilities are underfunded.

It's as if he thinks neglected improvements didn't happen on his watch. Sure, many facilities were showing wear before Brownback took office in 2011, but his tax cuts led to revenue shortfalls.

No money, no improvements. Especially when Brownback's own budgets included state hospital funding far below the requests made by the hospitals.

Brownback resigns as governor at 3 p.m. Wednesday, giving way to Lt. Gov. Jeff Colyer so Brownback can become U.S. ambassador-at-large for international religious freedom. Colyer has rarely separated himself from Brownback in his role as right-hand man, but it would be stunning to imagine a new governor being as tone-deaf to the many issues facing Kansans and their representatives.

Colyer and lawmakers should take hard, detailed looks at improvements needed at state hospitals and other facilities. A long-term, fully-funded solution should be a bipartisan goal.

Brownback asked Kansans to pray and fast with him last week as he prepared to leave for Washington. We imagine there were few people fasting but many prayers of thanks, that Brownback's tenure has come to an end after seven stormy, often rudderless years.

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The Topeka Capital-Journal, Feb. 3

Government officials should have waiting period to become lobbyists

A waiting period for legislators to become lobbyists is a logical step in any ongoing movement to incorporate more transparency into state government.

Politicians already have difficulty gaining the trust of constituents. Too many citizens take a dim view of what happens after votes are cast and lawmakers take office, particularly given the influence of special interest groups.

A bill called the Kansas Integrity in Government Act stipulates that lawmakers wait one year before an elected or appointed official can lobby the same people they worked alongside in state government. By imposing that waiting period, the appearance of any chummy deal-making with a friendly representative, statewide office holder or government official is halted for a reasonably short time frame.

House Minority Leader Jim Ward, a Wichita Democrat who is running for governor, argued before the House Elections Committee that the bill would impose a "cooling off period" so legislators would not gain immediate in-roads as a lobbyist from associations made with others they serve alongside in chambers and committees.

The bill would also prevent such officials as the governor, lieutenant governor, secretary of state, commissioner of insurance, Cabinet secretaries and high-ranking staff or appointed officials from working as paid lobbyists for one year after leaving office.

David Kensinger left his position as chief of staff for former Gov. Sam Brownback in April 2012 and returned to the lobbying firm he founded in 2004. Kensinger became involved as a chief lobbyist for CoreCivic, a private prison operator that was recently designated to build a new prison at the Lansing Correctional Facility as part of a lease-to-own agreement costing $362 million over a span of 20 years.

A chief of staff for former Gov. Kathleen Sebelius also registered as a lobbyist within a year after leaving a prominent position in state government. Troy Findley served as lieutenant governor for Mark Parkinson, who was elevated to governor after Sebelius vacated her position as governor for a Cabinet position under former President Barack Obama.

In addition, lawmakers have also made direct moves to become lobbyists immediately after leaving state office.

Opponents of the bill contend the legislation unfairly limits employment opportunities for legislators who may have given up a previous job back home, or curtailed work, in order to serve as elected officials.

The proposed limitation, however, is for just one year and only prevents paid lobbying services. State officials and lawmakers can still begin employment with organizations that lobby state government.

One year is not going to flush away any networking a former legislator achieved that can help in a position as a lobbyist. Nor will that year off hamper their ability to gain a job as a lobbyist. The bill even presents an opportunity for those who leave office to lobby immediately if they are not paid for their services.

The prospect of any immediate personal gain from holding a state office, however, is at least reduced.

"I don't think we should have people coming to this building or going to work for the administration with the idea that they're going to cash in on that position in a later life," said Rep. Vic Miller, a Topeka Democrat.

States with term limits often see an even greater likelihood of lawmakers becoming lobbyists. Opportunities to capitalize on connections made while serving in office are seen as a platform toward future employment when worries mount regarding career paths.

While Kansas lacks term limits for senators and representatives in the Statehouse, it needs to stop any perception that a "revolving door" exists for legislators to become lobbyists. A one-year wait should apply to them, as well as politicians holding state office and high-ranking staff.

No fewer than 41 states have imposed regulations on lobbying after state service and 26 require a one-year ban, while 10 demand a two-year limitation. A one-year wait for Kansas officials to cool off before becoming paid lobbyists should be adopted.

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The Lawrence Journal-World, Feb. 1

Open up our government

Kansas legislators are getting serious about transparency in government.

Last week, state Rep. John Alcala, D-Topeka, introduced House Bill 2571, which would amend the Kansas Open Records Act to require the release of police body camera video in specific cases such as fatal shootings, and to define when a law enforcement investigation is no longer active, thus making records from the investigation open to public inspection.

Recent incidents underscore the need for the changes.

Under current law, police body camera video is defined as a criminal investigation record, one of the documents specifically exempted from the Kansas Open Records Act.

Under Alcala's bill, police body camera video would still be a criminal investigation record, but the bill would require video to be released when a law enforcement officer discharges a firearm in the course of performing duties other than training or when the use of force by a law enforcement officer results in great bodily harm or death.

Such a law would have compelled Topeka police to release the video footage of the fatal police shooting of Dominique White last fall in Topeka. White was shot in the back and police initially refused to release the video, prompting protests from White's family and others. In December, after the district attorney's office determined the shooting was justified, the video was released. It showed that White had a handgun on him and apparently reached toward it while running from police.

House Bill 2571 also changes the law so that "active" criminal investigation records are exempt from the Open Records Act, and defines when an investigation becomes inactive, including when law enforcement decides to stop pursuing the case, when the statute of limitations expires or when 30 years passes since the crime allegedly occurred.

The law would compel the release of investigation records in the disappearance of Randy Leach, who left his Linwood home in 1988 to attend a high school graduation party in Leavenworth County and hasn't been heard from since. His parents, Harold and Alberta Leach, have sought release of the records for years, but the Leavenworth County Sheriff's Department has refused, arguing the case is still open.

The Leaches filed a lawsuit to compel the records' release, but Leavenworth County District Court Judge David King ruled that current law gives law enforcement the right to seal records for an indefinite period.

"The limitations on the disclosure of criminal investigation records is not dependent on how old the investigation is or whether the case remains unresolved or not," King said. "It is not dependent on law enforcement showing a certain level of continued ongoing investigation activity in the case."

It's understandable that active investigative records are withheld from public view to ensure an investigation isn't compromised or that informants or others are not placed in harm's way. But shielding such records indefinitely violates the public trust and gives law enforcement the means to escape accountability when mistakes are made.

House Bill 2571 is a reasonable compromise between the interests of law enforcement and the public. It should be approved.