A judge has ordered Kansas University to do what news agencies have been asking it to do for months: release details of its contract with Athletic Director Lew Perkins.
“The public has a valid right to discover how a public institution spends its money,” Douglas County District Court Judge Jack Murphy wrote in a 10-page opinion that sided with The World Company, publisher of the Journal-World, and other news organizations that sued for access under the Kansas Open Records Act. “Disclosure promotes accountability and deters official misconduct.”
But Murphy said the university did not have to disclose the documents before Oct. 18, the deadline for appealing his decision. The judge had ordered immediate release, but he modified his ruling in a Monday afternoon telephone conference call with attorneys.
University officials did not return telephone calls seeking comment but said in a prepared statement issued Monday evening they were reviewing their legal options.
KU has 30 days to let the court know whether it will appeal the judge’s order or release the records. If it appeals, the records would remain sealed until the case is decided.
“We respect the judicial process,” said Ralph Gage, chief operating officer of The World Company. “But we’re disappointed that the university now continues to refuse to share the details of these secret agreements with the citizens and taxpayers who are entitled to know what deals have been arranged for the benefit of an employee.”
The lawsuit was filed in January by The World Company, which operates the Journal-World and 6News. The Associated Press and Kansas Press Assn. later joined the litigation.
The judge’s order was filed late Friday with the Douglas County District Court clerk and made public Monday.
Although KU has not released the employment agreement and related documents, it has disclosed Perkins’ $420,000 base salary, an agreement guaranteeing him $100,000 annually in multimedia payments, and other perks, including two automobiles and memberships in two country clubs. But some details of the pay package have been kept secret.
Murphy rejected KU’s claim it could keep those details secret based on an exemption in the state’s open records law that covers “individually identifiable” employee records. He found the school was attempting to twist the meaning of the law, which calls for a policy of openness with narrowly interpreted exemptions.
“Nondisclosure in this case is exactly the type of situation the Legislature intended to prevent” with passage of the open records act, Murphy wrote.
Journal-World managing editor Richard Brack said it was unfortunate newspapers increasingly must fight court battles to get access to records that are clearly public under state law.
“We’re pleased the judge agreed with us that the university’s argument for concealing public records was not just flawed, but dangerous to the ideals of open, accountable government,” he said.
Perkins was hired in June 2003 after serving as athletic director at the University of Connecticut. The Journal-World began seeking information on his compensation late last year. It filed the lawsuit only after being rebuffed in several earlier attempts to get the information.
Memorandum decision and order, World Company v. University of Kansas (pdf)
6Sports video: Perkins’ compensation a mystery (1-17-04)