Linn County Commissioners, from left, Jim Johnson, Danny McCullough, and Jason Hightower at the commission meeting on Monday, Aug. 26 (Screenshot / Linn County Kansas Live Stream)
Journal staff report
MOUND CITY – At the end of the Monday evening Linn County Commission meeting on Aug. 26, Commissioner Jim Johnson brought up concerns about the information requested by the Linn County Journal under the Kansas Open Records Act (KORA).
Johnson asked County Clerk David Lamb who was responsible for the information that went to the KORA request.
Lamb told him, “Kind of a combination. I got information from Chris and from the sheriff office. I went back through and tried to do a bunch of redaction and so I guess it’s a combination of all of us.”
Johnson said that a lot of private information was put out on the records that resulted from the KORA request.
The request by the Journal filed on May 29, asked for cell phone records and emails of all three county commissioners. The request by the Journal stated that it appeared from conversations in open meetings that at least two commissioners had been in contact with each other outside of commission meetings.
If two commissioners had been communicating outside of scheduled meetings, that could constitute a violation of the Kansas Open Meetings Act (KOMA).
The KORA request also asked for records of communications between the commissioners and members of a group of activists who opposed the proposed solar utility installations in the county. The reason for that request was that it was apparent that at least one commissioner was receiving text messages during the proceedings of open meetings and was acting on that information.
The open meetings act insures that the public have access to all documents given to the commission during open session. The Journal reasoned that the text messages during the meetings were similar documents and should be treated as such.
The request by the Journal was approved by former County Counselor Mark Hagen. Hagen later resigned his post on July 1 saying that the commissioners were not following his advice and he felt he could not represent the commission because of that.
Johnson said that some stuff on the KORA that wasn’t even asked for like conversations with family members was released..
“Was it given out to other people?” asked Commission Chair Danny McCullough.
“It’s been given to five people. Some of it ends up in a paper. That’s right with a telephone number that wasn’t even asked for,” said Johnson.
McCullough said, “It seems like we’re all over the place on the KORA request. That’s why I didn’t give my personal phone. That’s exactly what I was scared of.”
At a previous meeting, McCullough said he did not know he was supposed to turn in his phones. However, when the call went out for all the commissioners to submit their county and private cell phones to the Linn County Sheriff’s Office to retrieve information, McCullough had an attorney contact the county clerk’s office, and has steadfastly refused to submit his cell phones.
In late June the Journal staff submitted a complaint to the Kansas Attorney General’s office regarding McCullough’s refusal to comply with the KORA request. On Tuesday the Journal also made the results of the KORA request available to the Kansas Attorney General’s office along with a complaint that McCullough and Johnson appeared to have violated KOMA regulations and asked that office to conduct an investigation.
McCullough asked Lamb if there was a statute covering the way the commissioners were supposed to handle KORA requests.
According to the Kansas Attorney General’s website, "public records shall be open for inspection by any person unless otherwise provided, and this act shall be liberally construed and applied to promote such policy.” [K.S.A. 45-216(a)]
Public records include emails and texts during meetings and outside of meetings that concern county business.
“There are KORA statutes,” Lamb said. “As far as for procedure on how it’s done, I don’t know that I’ve ever seen anything on procedures or how you get to that point.”
“How did we go from screenshots with one KORA request to cell phones being turned in on another?” asked McCullough.
Residents who opposed solar utility development submitted a KORA request a few months ago, and used the information to pressure the commission to fire former County Counselor Gary Thompson. The group claimed that Thompson had overcharged the county for legal work, however, Thompson told the commission that an additional page to his contract that allowed for all the charges was missing from county records, a claim substantiated by two former commissioners.
Thompson later submitted his resignation saying he was weary of Johnson trying to bully Commissioner Jason Hightower and hoped that his resignation would stop the infighting.
“That was the first one I think we did with screen shots,” Lamb said. “And then when this came up, I was not aware that we ever had anybody that could do the things that were done on this one between Chris and the sheriff and with legal counsel’s advice. That was the way we went on that one.”
“I think you’ll find that there’s a lot of information out there that’s been handed to people that was not asked for. It concerns me,” said Johnson.
McCullough clarified that other people that did not request the KORA were receiving it.
“Is somebody trying to use something against you? Is that what you are saying?” asked McCullough.
Lamb verified that a total of five people had picked up the KORA report.
“Just civilians?” asked McCullough.
Lamb said some were county people and he would talk more about it if the commissioners wanted him to. He said he didn’t care.
“It don’t bother me none, it’s out there,” said Johnson.
Lamb told the commissioners, “The original request was from the Journal so they got the first copy. After that the county attorney asked for a copy and he got one. Jim asked for a copy, he has one. Tom Kemper got one and the other one was not Jake Wade. He didn’t come in person but sent someone in to get one. That’s the five that have picked them up.”
According to Lamb, that number had grown to six when solar and quarry opponent Stephanie Walker picked up a copy of the KORA on Tuesday.
“So everybody that’s mad at us. It’s madness,” said McCullough. “That’s why I didn’t turn my phone in for the record.
Johnson explained that the KORA would have a conversation redacted and then all of a sudden there would be private information out there.
“I get your concern. That’s why I didn’t turn mine over. What do we do?” asked McCullough.
“I went out in good faith and gave it to them with what they asked for,” Johnson said. “That’s not what happened. That’s all I got to say. I got my answer. We used a government agency to retract the information and then we scattered private information out,” said Johnson.
“The same exact people that we represent in a grievance or a court case we had to give our phone over to, and I didn’t agree with it at all,” said McCullough. “Bet they didn’t find no conversation between you and me.”
A recent story in the Journal about the preliminary results of the KORA request said that it appears that McCullough and Johnson were in a group text with Rod Earnest, who at that time was a Republican primary candidate for McCullough's seat on the commission.
The Journal has been careful not to publish the names of people who were not in the KORA request such as Earnest’s. However, Earnest’s number showed up in text exchanges that also had McCullough’s and Johnson’s numbers.
In a presentation earlier this month, McCullough tried to debunk the charge that he and Johnson had been in contact about county business by putting a text thread from his cell phone on the overhead screen. McCullough had said early in the presentation that Johnson’s number wasn’t on his phone, but when a thumbs-up emoji appeared at the bottom of the text, McCullough said he didn’t know whose number that was.
Johnson said that was his number.
However, in a separate interview on Friday, Aug. 30, McCullough once again said that Johnson's number was not stored on his cell phone.
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