For the first time, Kansas University and its athletic department will defend in legal documents their position that the public should not be allowed to know the full extent of athletic director Lew Perkins’ salary and benefits.
In a conference Wednesday with attorneys, Douglas County District Judge Jack Murphy set a schedule for KU to file written arguments outlining its position.
Mike Merriam, a Topeka attorney representing two of the media groups seeking the disclosure, said the development would move the case forward, and that he was encouraged to hear Murphy say during the conference that the matter should be expedited.
“The court has anchored this case by requiring the records’ custodians to defend their position, and that’s as it should be,” Merriam said. “They’re the ones who have to explain why or why not they should be disclosed.”
The development was the latest in a case filed in late January by the Journal-World and 6News asking the court to force KU to disclose the information under the Kansas Open Records Act, a state law that requires most documents created by public agencies and agencies spending public funds to be available to the public.
The Journal-World and 6News have been joined by the Kansas Press Assn. and The Associated Press, which also want the records released.
University officials have argued that parts of Perkins’ compensation are exempt from the act and should be kept confidential.
As a step toward resolving the matter, Murphy in late June received Perkins’ employment agreement, retention agreement, personnel file and paycheck data from KU.
Previously, the university has said that Perkins, who was hired as athletic director a year ago, made about $400,000 a year in salary plus benefits, which included two automobiles, family memberships to two country clubs and two season tickets to Jayhawk men’s basketball games.
Perkins’ contract also stated that “contingent supplemental compensation is potentially available.”
In late June, Kansas Atty. Gen. Phill Kline told the Journal-World he thought the information should be made public because it involved a public employee.
“I’ve never known that the knowledge of somebody’s salary somehow has impeded success on the basketball court or football field. It just hasn’t,” Kline said.
Kline noted that Perkins’ contract referred to the possibility of “supplemental compensation” beyond his publicly paid-for benefits.
“If it is a private source of funding for performing a public job, then the information should be available,” Kline said.
Under agreements reached Wednesday, KU’s attorneys will mail by July 27 documents making their arguments against release. The media attorneys will get 15 days to respond.
Murphy set a Sept. 3 hearing on the arguments.
