LCC approves hiring outside counsel to defend senator in active KORA complaint

The Legislative Coordinating Council voted to hire outside counsel, at a cost not to exceed $20,000, to represent Senator Renee Ericson in an active KORA complaint after the attorney general declined to provide representation.

Gordon Self explained that KSA 46-1204 has been used on past occasions to authorize private counsel for legislative matters and that the current complaint from the Kansas Reflector involves approximately 3,000 submissions to a committee portal. The attorney general removed the legislature from the complaint but did not provide representation to Senator Ericson in her capacity as committee chair. Eddie Grime has agreed to represent Senator Ericson for a fee not to exceed $20,000.

Members asked what records remained at issue; Gordon Self said all submittals were turned over and redactions were limited to personal identifiable information, and that the complaint centers on the timing of disclosures rather than withheld exempt emails. Minority leaders expressed concern the attorney general denied representation and said the legislature may need to consider adding dedicated legal capacity.

A motion to approve employment of private counsel was made and seconded by Majority Leader Blazy; the motion passed by voice vote.