Current through Register Vol. 43, No. 39, September 26, 2024
(a) This regulation
shall be in effect only as follows:
(1)
During a state of disaster emergency lawfully declared by the governor pursuant
to
K.S.A.
48-924(a) through (c), and
amendments thereto, or other emergency declaration lawfully declared pursuant
to applicable emergency-powers provisions of local, state, or federal law;
(2) in the territory affected by
any such declaration; and
(3) to
the extent that emergency responses required pursuant to any such declaration
prevent or impede the ability of any of the following:
(A) Members of a public body or agency
subject to the Kansas open meetings act,
K.S.A.
75-4317 et seq. and amendments thereto, to
conduct meetings by physically gathering in person;
(B) members of the public to attend or
observe public meetings by physically attending the meetings; or
(C) a combination of both paragraph (a)(3)(A)
and paragraph (a)(3)(B).
(b) All requirements of the Kansas open
meetings act,
K.S.A.
75-4317 et seq. and amendments thereto, shall
remain in force and effect during any emergency declared as described in
paragraph (a)(1) unless expressly suspended by order of the governor pursuant
to
K.S.A.
48-925(c)(1), and amendments
thereto, or other applicable provision of
K.S.A.
48-925, and amendments thereto. No order of
the governor shall be construed to suspend any requirement of the Kansas open
meetings act, unless the order meets the following conditions:
(1) Expressly cites and invokes
K.S.A.
48-925(c)(1), and amendments
thereto, and any other specific provision of
K.S.A.
48-925, and amendments thereto, from which
the order draws authority;
(2)
expressly references the Kansas open meetings act and the specific provisions
thereof that the governor intends to suspend during the state of disaster
emergency; and
(3) makes plain and
unequivocal the intent of the governor to suspend any such
requirement.
(c) Any
public body or agency may comply with the requirement of
K.S.A.
75-4318(a), and amendments
thereto, that a meeting be "open to the public" through the use of a telephone
or other medium for interactive communication if the requirements of subsection
(e) are met.
(d) As used in this
regulation, "medium for interactive communication" shall include
teleconference, video-conference, internet conference, television broadcast, or
any other method that permits the public to listen to the meeting and also to
observe the meeting if the method allows for visual observation.
(e) Each public body or agency conducting an
open meeting utilizing solely a telephone or another medium for interactive
communication rather than by members of the body or agency gathering in person
at a physical location shall meet the following requirements:
(1) Use a medium for interactive
communication that, at a minimum, allows members of the public, without cost,
to listen to the meeting and, if available, also allows video observation of
the meeting;
(2) comply with all
requirements of the Kansas open meetings act, except any temporarily suspended
by the governor as provided by subsection (b), including requirements for
notice;
(3) if the medium for
interactive communication allows, provide an alternative means to access the
meeting for members of the public who do not have internet access that also
complies with the requirements issued pursuant to any emergency declaration;
(4) provide directions describing
how members of the public will be able to electronically access, listen to, or
observe the open meeting;
(5) if
the medium for interactive communication does not permit easy identification of
the individual speaker, require each member of the public body or agency,
staff, or presenter to state the individual's name and title, if any, each time
the individual begins speaking or voting so that the individual can be readily
identified by remote listeners or observers;
(6) require all participants to ensure that
microphones, phones, or other electronic devices are muted when the
participants are not speaking so that the ability of remote listeners or
observers to hear the proceedings is not unnecessarily impeded;
(7) describe at the beginning of the meeting
whether public comment will be allowed and what process will be used to
identify any individual who wishes to comment, if permitted;
(8) describe at the beginning of the meeting
the process that will be used for a dosed or executive meeting pursuant to
K.S.A.
75-4319, and amendments thereto;
(9) before any meeting, provide electronic or
paper copies of an agenda, if any, to any individual requesting the agenda;
(10) clearly state each motion
before the public body votes and announce the results of the final vote;
and
(11) when not otherwise
established by the agency or by ordinance or resolution of the public body,
pass a motion that clearly identifies and authorizes by delegation each member
of the public body or staff who will be permitted to sign any binding document
for the public body or agency.
(f) To the extent that emergency responses
required pursuant to the emergency declaration prevent or impede the ability of
the public to physically attend a public meeting, any public body or agency may
comply with the requirement of
K.S.A.
75-4318(a), and amendments
thereto, by meeting in person but limiting physical access of the public to the
place where the meeting occurs if the public body or agency meets the following
requirements:
(1) Complies with all
requirements of the Kansas open meetings act, except any requirements suspended
by the governor as provided by subsection (b), including requirements for
notice;
(2)
(A)
(i)
Broadcasts the meeting live on television or the internet; and
(ii) provides members of the public with the
ability to access the meeting by telephone without cost; or
(B) uses any other method other
than the methods specified in paragraphs (f)(2)(A)(i) and (ii) that permits the
public to listen to or observe the meeting without cost;
(3) provides directions describing how
members of the public will be able to electronically access, listen to, or
observe the open meeting;
(4) if
the medium for interactive communication does not permit easy identification of
the individual speaker, requires each member of the public body or agency,
staff, or presenter to state the individual's name and title, if any, each time
the individual begins speaking or voting so that the individual can be readily
identified by remote listeners or observers;
(5) describes at the beginning of the meeting
whether public comment will be allowed and what process will be used to
identify any individual who wishes to comment, if permitted;
(6) describes at the beginning of the meeting
the process that will be used for a closed or executive meeting pursuant to
K.S.A.
75-4319, and amendments thereto;
(7) before any meeting, provides electronic
or paper copies of an agenda, if any, to any individual requesting the
agenda;
(8) states each motion
before the public body votes and announces the results of the final vote;
and
(9) when not otherwise
established by the agency or by ordinance or resolution of the public body,
passes a motion that clearly identifies and authorizes by delegation each
member of the public body or staff who will be permitted to sign any binding
document for any public body or agency.
(g) Nothing in this regulation shall require
any public body or agency to provide members of the public with the opportunity
for public comment.
(h) Nothing in
this regulation shall require any public body or agency to take action to
prevent any member of the public from physically attending any public
meeting.
