Kansas

Nothing to see here: Kansas lawmakers use State Finance Council to spend public money in the dark • Kansas Reflector

Published

2 years ago

June 19, 2024

Nothing to see here: Kansas lawmakers use State Finance Council to spend public money in the dark • Kansas Reflector

Republicans and Democrats in Topeka may not see eye to eye on much.

But Kansas lawmakers seem to agree that the State Finance Council — a public body within the Department of Administration with broad authority to allocate taxpayer funds and that counts among its members the governor and leadership from both parties — should be allowed to avoid deliberating publicly before making decisions.

This status quo persists even though the council is subject to the Kansas Open Meetings Act, which requires its meetings to be open to the public.

As a result, the council effectively makes secret decisions that often have a significant effect on Kansas taxpayers. For example, in recent years, the council’s closed-door discussions have led to large allocations of public funding, such as authorizing $304 million in tax incentives for Integra to build a semiconductor plant last year and brokering an agreement with Panasonic in 2022 that the state touts as “one of the largest electric vehicle (EV) battery manufacturing facilities of its kind in the United States in Kansas.” Earlier this month, the council emerged from behind closed doors to announce a payment of $4,000 to settle a discrimination lawsuit against the state.

These practices deprive the public of its right to be “informed,” as KOMA guarantees. How does the council get away with this?

Public bodies holding a ‘meeting’ may not be required to deliberate in public

For starters, it appears the council believes that a “meeting” under KOMA can still be “open” even though no meaningful discussion takes place in public view.

Such an interpretation flies in the face of KOMA’s intent to allow the public to observe such meetings. Under that law, a “meeting” means “any gathering … for the purpose of discussing the business or affairs of the public body or agency.” Moreover, “all meetings” of public bodies “shall be open to the public.”

This language could easily be interpreted to mean that a “meeting” necessarily involves and includes deliberations, and thus such discussions must take place in public as part of any open meeting subject to KOMA.

But curiously, neither the Kansas appellate courts nor the Attorney General’s Office have ever squarely determined whether the public has a right to observe deliberations. As a result, the council appears to rely on authority such as a 1997 attorney general opinion finding that public bodies can satisfy their obligations under KOMA, and avoid public deliberations, merely by voting in public.

It should go without saying that if all deliberations resulting in those votes are permitted take place in private, KOMA is effectively meaningless because the essence of a “meeting,” discussions about policy, would never need to be public.

So much for the “informed electorate” KORA’s drafters surely imagined when the law was enacted in 1972.

Some nearby states, like Iowa and Missouri, have solved this problem by including the word “deliberation” in their definition of the term “meeting” or by using more precise language for that definition, but others have proved that common sense is all that’s needed.

For example, when confronted with Colorado’s definition of “meeting,” which also does not include the word “deliberation,” that state’s Supreme Court found 50 years ago that the public was permitted to observe deliberations because “one has not participated in a public meeting if one witnesses only the final recorded vote.”

It reasoned that “when the majority of the public body’s work is done outside the public eye, the public is deprived of the discussions, the motivations, the policy arguments and other considerations which led” to the body’s decision.

In other words, the court made clear that “a public meeting is not meant to permit ‘rubber stamping’ previously decided issues.”

Why Kansas authorities have not similarly interpreted our state’s definition of “meeting” remains an open question. But what is clear is that until the council starts following Colorado’s example, there is no reason to believe that it will ever deliberate in open session.

Public bodies are allowed to reach ‘consensus’ during closed session

As foreshadowed above, the second way the council avoids public deliberations is by conducting them behind closed doors since at least 2020. As Kansas Reflector reported that year, the council’s procedure during its meetings is to sort “through details in executive session” before its members “reconvene the public meeting for nothing more than a vote to affirm or reject the deal.”

In fact, according to Rep. Troy Waymaster, a Bunker Hill Republican and longtime member of the council, the body sees no need to deliberate in public because its business is discussed “in closed session.” He says that “when we come back and it’s back to an open meeting, we do not discuss those items. We just have the vote.”

Although it is true that not every part of an otherwise “open meeting” is required to take place in public view, the public body can only recess from open session to executive session to discuss certain enumerated topics. During executive session, discussion is “limited to those subjects stated in the motion,” and “no binding action by such public bodies or agencies shall be by secret ballot.”

Crucially, “such recesses shall not be used as a subterfuge to defeat the purposes of this act.” However, authority interpreting KOMA from both the state’s Supreme Court and the attorney general indicate that a body is permitted to “reach a consensus as long as they do not take a formal vote outside of an open meeting.”

This interpretation allows the public’s business to be conducted behind closed doors and reduces action the body takes during open session to a rubber stamp. If this is how the law is to be interpreted, KOMA’s purpose — to promote a “representative government” — cannot be achieved.

Does the council violate KOMA when it fails to deliberate publicly?

As it turns out, when the State Finance Council voted to allocate $829.2 million in tax incentives on July 13, 2022, its failure to deliberate in public before it voted was lawful.

But not because that sequence of events necessarily complied with KOMA.

Rather, APEX, the law the Legislature passed with bipartisan support a few months before announcing the deal with Panasonic, provided that a deal could not be struck until it was “reviewed and approved” by the council. The law, endorsed by members of both parties, includes this attack on transparency: “Notwithstanding the provisions of the Kansas Open Meetings Act, any review, testimony or discussion of a proposed agreement (by the council) shall not be open to the public.”

The mere existence of that provision highlights the Legislature’s complicity with the council’s secrecy agenda. With the blessing of lawmakers from both parties, the council can claim that it followed the law when it failed to deliberate in public before voting to authorize the Panasonic deal.

But APEX only applied to Panasonic and wasn’t in play when the council recently paid a $4,000 settlement in a discrimination case. The law that did apply, the Kansas Tort Claims Act, doesn’t contain APEX’s confidentiality provision. Still, there was no public deliberation. Presumably, any discussion took place during executive session, which was immediately followed by a unanimous roll call vote.

Was the purpose of executive session to avoid KOMA by holding discussions in private that should have been public?

And if KOMA somehow doesn’t require deliberation to be in public view, why would it have been necessary for APEX to exempt the council from KOMA in 2022?

A troubling future

The foregoing strongly suggests that Kansas leaders are willing to keep the public in the dark whether they have specific authority to circumvent KOMA or not.

This is particularly worrisome given the possibility that the state is poised to offer expansive tax incentives to certain nearby professional sports franchises. Will the Legislature again allow a cornucopia of taxpayer money to be spent without giving the public the courtesy of observing even the final stage of negotiations?

As these and other future high-dollar projects unfold, the Kansas Coalition for Open Government calls on our state’s leaders to be mindful of the public’s right, guaranteed under KOMA, to observe at least some deliberations going forward.

Max Kautsch is an attorney whose practice focuses on First Amendment rights and open government law. Through its opinion section, the Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary, here.

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Kansas Lottery Powerball, Pick 3 winning numbers for Dec. 24, 2025

Published

8 hours ago

December 25, 2025

Press Room

The Kansas Lottery offers several draw games for those aiming to win big. Here’s a look at Dec. 24, 2025, results for each game:

Winning Powerball numbers from Dec. 24 drawing

04-25-31-52-59, Powerball: 19, Power Play: 2

Check Powerball payouts and previous drawings here.

Winning Pick 3 numbers from Dec. 24 drawing

Midday: 5-0-7

Evening: 1-2-4

Check Pick 3 payouts and previous drawings here.

Winning 2 By 2 numbers from Dec. 24 drawing

Red Balls: 05-20, White Balls: 02-10

Check 2 By 2 payouts and previous drawings here.

Winning Lucky For Life numbers from Dec. 24 drawing

03-05-07-17-34, Lucky Ball: 09

Check Lucky For Life payouts and previous drawings here.

Winning Lotto America numbers from Dec. 24 drawing

01-18-27-41-49, Star Ball: 09, ASB: 02

Check Lotto America payouts and previous drawings here.

Winning Super Kansas Cash numbers from Dec. 24 drawing

03-04-07-25-27, Cash Ball: 25

Check Super Kansas Cash payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

Are you a winner? Here’s how to claim your lottery prize

All Kansas Lottery retailers will redeem prizes up to $599. For prizes over $599, winners can submit winning tickets through the mail or in person at select Kansas Lottery offices.

By mail, send a winner claim form and your signed lottery ticket to:

Kansas Lottery Headquarters

128 N Kansas Avenue

Topeka, KS 66603-3638

(785) 296-5700

To submit in person, sign the back of your ticket, fill out a claim form, and deliver the form along with your signed lottery ticket to Kansas Lottery headquarters. 128 N Kansas Avenue, Topeka, KS 66603-3638, (785) 296-5700. Hours: 8 a.m. to 5 p.m., Monday through Friday. This office can cash prizes of any amount.

Check previous winning numbers and payouts at Kansas Lottery.

When are the Kansas Lottery drawings held?

Powerball: 9:59 p.m. CT Monday, Wednesday and Saturday.
Mega Millions: 10 p.m. CT Tuesday and Friday.
Pick 3 Midday/Evening: 1:10 p.m. and 9:10 p.m. CT daily.
2 By 2: 9:30 p.m. CT daily.
Lucky for Life: 9:38 p.m. CT daily.
Lotto America: 9:15 p.m. CT Monday, Wednesday and Saturday.
Super Kansas Cash: 9:10 p.m. CT Monday, Wednesday and Saturday.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Kansas editor. You can send feedback using this form.

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Broncos aim to dominate Chiefs in Christmas night showdown in Kansas City

Published

20 hours ago

December 24, 2025

Press Room

Broncos aim to dominate Chiefs in Christmas night showdown in Kansas City

Denver (12-3) at Kansas City (6-9)

Thursday, 8:15 p.m. EST, Amazon Prime Video.

BetMGM NFL Odds: Broncos by 13.

Against the spread: Broncos 6-8-1; Chiefs 5-9-1.

Series record: Chiefs lead 73-58.

Last meeting: Broncos beat Chiefs 22-19 on Nov. 16 in Denver.

Last week: Broncos lost to Jaguars 34-20 in Denver; Chiefs lost to Titans 26-9 in Tennessee.

Denver Broncos quarterback Bo Nix, left, and Jacksonville Jaguars quarterback Trevor Lawrence (16) shake hands after an NFL football game in Denver, Sunday, Dec. 21, 2025. Credit: AP/Jack Dempsey

Broncos offense: overall (9), rush (18), pass (8), scoring (13).

Broncos defense: overall (4), rush (2), pass (10), scoring (5).

Chiefs offense: overall (13), rush (22), pass (9), scoring (20).

Chiefs defense: overall (10), rush (8), pass (12), scoring (4).

Kansas City Chiefs head coach Andy Reid watches during the... — Kansas City Chiefs head coach Andy Reid watches during the second half of an NFL football game against the Tennessee Titans, Sunday, Dec. 21, 2025, in Nashville, Tenn. Credit: AP/John Amis

Turnover differential: Broncos minus-4; Chiefs minus-2.

Broncos player to watch

WR Courtland Sutton needs 28 yards receiving to become the first Broncos player with back-to-back 1,000 yards seasons since Emmanuel Sanders (2014-16) and Demaryius Thomas (2012-16).

Chiefs player to watch

QB Chris Oladokun finished out last week’s game against the Titans once Gardner Minshew joined Patrick Mahomes in tearing his ACL in consecutive weeks. Now, the former South Florida, Samford and South Dakota State quarterback — a seventh-round pick in 2022 — could make his first NFL start.

Key matchup

The Chiefs quarterback against the Broncos pass rush, which is the best in the league. They have 63 sacks, or 13 more than the second-place Falcons, and more than double what Kansas City (31) has had this season.

Key injuries

Chiefs: CBs Trent McDuffie (knee) and Jaylen Watson (groin) and WRs Nikko Remigio (knee), Rashee Rice (concussion) and Tyquan Thornton (concussion) missed practice this week. QB Gardner Minshew (torn ACL) went on injured reserve.

Broncos: LB Dre Greenlaw has been dealing with a hamstring injury. WR Pat Bryant (concussion), C Luke Wattenberg (shoulder), TE Nate Adkins (knee) have also been out. LBs Justin Strnad (foot) and Karene Reid (hamstring) were full participants this week.

Series notes

The Chiefs won 16 consecutive games in the series beginning in November 2015 and ending in October 2023. But since then, the Broncos have won three of the past four, including their matchup earlier this season in Denver. Each of those three wins have come at home for the Broncos; they still have not won in Kansas City since Sept. 17, 2015.

Stats and stuff

Broncos QB Bo Nix is tied for the second-most victories over the first two seasons at his position with 22. … Nix needs one TD pass to become the fourth QB in NFL history with at least 25 in each of his first two seasons. … Two of Nix’s protectors earned their first Pro Bowl starting bids in G Quinn Meinerz and ninth-year veteran T Garett Bolles, who leads the league in pass-blocking efficiency and has yet to allow a sack this season. … WR Courtland Sutton has moved into fifth in Broncos history with 6,226 yards receiving. … Broncos LB Nik Bonitto needs one sack to joins Simon Fletcher as the only players in team history with at least 13 1/2 in back-to-back seasons. … Chiefs TE Travis Kelce needs 46 yards to become the fastest at his position to reach 13,000 in NFL history. Kelce has caught a pass in 189 straight games, the longest streak in Chiefs history and longest active streak in the NFL. … Chiefs K Harrison Butker has missed at least one PAT or FG attempt in eight of their 15 games. Kansas City was 1 for 9 on third down and finished with 133 total yards last week against the Titans. Nearly half of those yards were offset by 10 penalties for 59 yards.

Fantasy tip

Broncos RB R.J Harvey could have a huge day against a beaten-up Kansas City defense, one week after the Titans’ Tony Pollard eclipsed 100 yards against it. The Chiefs offense has been decimated by injuries, which means they could be punting a lot, giving the Broncos the ball for long stretches. And if the game gets out of hand early — a distinct possibility — then it could be Harvey getting fed simply to run out the clock.

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Kansas Lt. Gov. ‘thrilled’ to bring Chiefs to Sunflower State

Published

1 day ago

December 24, 2025

Press Room

Kansas Lt. Gov. ‘thrilled’ to bring Chiefs to Sunflower State

OVERLAND PARK, Kan. (KCTV) – As Kansas lawmakers and the Chiefs held negotiations to get the team to leave Missouri, Lieutenant Governor David Toland led those conversations. He spoke to KCTV at the Kansas Department of Commerce office in Overland Park on Tuesday.

“We’re thrilled,” said Toland. “We’re so excited to be able to bring the Chiefs to Kansas, keep them in the Kansas City region, and to add an entirely new facility to the ecosystem of assets in Kansas City, which is a modern, domed facility that can host a Super Bowl, Final Fours, and big bowl games among many other things.”

Toland, who is also the state’s Secretary of Commerce, describes the last few days as a whirlwind, but a happy one, and they weren’t sure it was a done deal until around 2 p.m. on Sunday. He acknowledges the teamwork from state politicians in getting this done.

“This is a massive win,” said Toland. “It’s a massive project. We’re talking about a $4 billion project, 21,000 construction jobs, $4 billion in economic impact just during construction and then $1 billion a year in new revenues to Kansas. Our main message is one; this is a great deal for the taxpayers. Two, we’re going to be able to do things that we’ve never done before in Kansas and in Kansas City. Three, and most importantly, this is great for the Chiefs.”

The new stadium in Wyandotte County and team headquarters and practice facility in Johnson County, along with entertainment districts at both, are part of a new STAR Bond District. The Sales Tax and Revenue bonds, or STAR Bonds, will help finance this project. The cost of the projects will be split 60-40, with Kansas paying 60% and the Chiefs paying 40%.

“This is a project that pays for itself with new revenues and at no risk to the taxpayers,” said Toland. “It’s going to create new money that is not currently here. That sales tax from the district in that area is pledged to the STAR Bonds. The risk for those STAR Bonds is born by the people who buy those bonds, not by the taxpayers. That’s about 80% of the capitol stack for the project. The other 20% comes from the state’s Attracting Professional Sports to Kansas Fund, which comes from the lottery and from sports betting. You put those two pieces together and that’s how we’re able to accomplish a $4 billion deal for Kansas.”

There have been questions of the success rate of STAR Bonds for past projects. KCTV5 investigated the 25-year history of the program and found a mixed record: some projects paid off early, while others closed before the bonds were retired. Toland stands by them.

“STAR Bonds are a proven tool that we’ve been using for over 25 years in Kansas,” said Toland. “We’ve done huge projects with them, like the Kansas Speedway, and we’ve done smaller projects all over the state, like the Amelia Earhart Museum in Atchison, for example.

“This is a proven model. We’ve done them successfully and it’s a tool that’s particularly good on a large project like this. We’re going to have a STAR Bond District that’s very strong, and we know that this is going to be a win, not just for the Chiefs and the communities, but for the investors.”

With the plans for the new stadium to have a dome and an entertainment district, Toland says it can be used for much more than Chiefs’ games. He listed Super Bowl games, Final Four games, collegiate bowl games, and concerts, on top of hotels, restaurants, and more. He says this is a win for the whole metro.

“When you have a large-scale event like that, the impact is felt not just in Kansas, but across the region,” said Toland. “I think this is going to be, without question, a net positive for the Kansas City metro and that’s always been a goal of ours. We want a destination that’s going to be active, vibrant, and alive 365 days a year with people who live there and work there and come for restaurants and entertainment any night of the year. That’s a major part of how this project will differ from what’s currently at the Truman Sports Complex.”

The plan is to have the Chiefs in the new stadium by the start of the 2031-2032 season. Toland acknowledges the team leaving Arrowhead and Missouri is difficult for some fans.

“I’m an economic development professional,” said Toland. “I’ve been on both sides of winning deals and losing deals, and I know what it feels like both ways. I know this is tough for a lot of people in the region. I love Arrowhead as a venue. It’s an amazing place, but it’s time to go to the next level. That’s what we’re doing with this stadium project, with the headquarters and practice facility and these entertainment districts in Kansas. It’s making sure that the Chiefs remain best in class, that we’re growing the economy not just in Kansas but in the Kansas City metro, and we can have new opportunities to, among other things, finally realize Lamar Hunt Sr.’s dream of bringing a Super Bowl to Kansas City.”

When asked if he’s leading continued talks with the Royals, Toland declined to answer, saying they’re still focused on the Chiefs at this time.

For more stories on the latest stadium development news, click here.

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