Attorney General Opinion No. 1992-132
Author | : Robert T. Stephan |
Publisher | : |
Total Pages | : |
Release | : 1992 |
ISBN-10 | : OCLC:801682331 |
ISBN-13 | : |
Rating | : 4/5 ( Downloads) |
Download or read book Attorney General Opinion No. 1992-132 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The city of Overland Park board of trustees, which administers that city's police department retirement plan, is an entity subject to the provisions of the Kansas open records act (KORA), K.S.A. 45-215 e̲t̲ s̲̲e̲q̲. As a public agency subject to the KORA, that entity may discretionarily close records which pertain to individual city employees and that otherwise qualify as personnel records under K.S.A. 1991 Supp. 45-221(a)(4). However, as set forth in that statute, salaries of public employees must be disclosed. It is our opinion that, for the purposes of this KORA provision, the term salary includes all forms of monetary compensation actually paid out by the city to individual employees in return for services rendered. Thus, the amount of money actually paid as a pension benefit is part of the employee's salary and must therefore be disclosed. Furthermore, public records which might otherwise be permissibly closed pursuant to K.S.A. 1991 Supp. 45-221(a)(4) must be disclosed if such records are reviewed and discussed by a public body during an open meeting subject to K.S.A. 75-4317 e̲t̲ s̲e̲q̲., or if the public body takes binding action on such a record. Cited herein: K.S.A. 45-215; 45-217, as amended by L. 1992, ch. 321, section 22; K.S.A. 1991 Supp. 45-221; K.S.A. 75-4317; 75-4318; 75-4319, as amended by L. 1992, ch. 312, section 39 and ch. 318, section 9.