State Ex Rel. Stephan v. Board of Seward County Comm'rs

866 P.2d 1024, 254 Kan. 446, 22 Media L. Rep. (BNA) 1430, 1994 Kan. LEXIS 21
CourtSupreme Court of Kansas
DecidedJanuary 21, 1994
Docket68,695
StatusPublished
Cited by16 cases

This text of 866 P.2d 1024 (State Ex Rel. Stephan v. Board of Seward County Comm'rs) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Stephan v. Board of Seward County Comm'rs, 866 P.2d 1024, 254 Kan. 446, 22 Media L. Rep. (BNA) 1430, 1994 Kan. LEXIS 21 (kan 1994).

Opinions

The opinion of the court, was delivered by

McFarland, J.:

This is an action brought on the relation of the Attorney General against the defendant Board of County Commissioners of Seward County, Kansas, (Board) and the three individual commissioners, alleging violation of the Kansas Open Meetings Act (KOMA), K.S.A. 75-4317 et seq. The district court entered summary judgment in favor of the defendants on the grounds that the complained-of telephone calls were not within the purview of KOMA’s proscribed conduct. The State appeals therefrom.

Commissioner Wettstein resides in Kismet. The other two commissioners reside in Liberal. The petition alleges that between December 20, 1988, and January 2, 1990, Commissioner Wett-stein made 18 telephone calls to Commissioner Sealey and four telephone calls to Commissioner Mehl. The petition further alleges that in the same time period Commissioner Sealey made [447]*447three telephone calls to Commissioner Wettstein. Each of the calls was paid for with county funds. The State contends that as county business was discussed during each telephone call, and two members constitute a quorum of a three-member board, such telephone calls constitute a violation of KOMA.

The district court held: (1) Telephone calls are not proscribed conduct under KOMA; (2) even if such telephone calls were within the scope of KOMA, they were not “prearranged” meetings under KOMA; and (3) the defendants were, accordingly, entitled to summary judgment.

Appellate rules governing review of summary judgments were set forth in Finstad v. Washburn University, 252 Kan. 465, 468, 845 P.2d 685 (1993), as follows:

“Where the facts are not disputed, summary judgment is appropriate. We must view those facts in the light most favorable to the party who defended against the motion for summary judgment, and if reasonable minds could differ as to the conclusion drawn from the facts, summary judgment must be denied. However, if the only questions presented are questions of law, the summary judgment is proper.”

The first issue raised is whether the district court erred in holding that telephone calls were not “meetings” under KOMA and, hence, were not within the purview of KOMA. This is a question of law.

Preliminarily, we note there is no common-law right of the public or press to attend meetings of governmental bodies, and any such right is created by statute and is governed by the statutory language employed.

The pertinent portions of KOMA are K.S.A. 75-4317 and 75-4317a, which provide:

75-4317:
“(a) In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the policy of this state that meetings for the conduct of governmental affairs and the transaction of governmental business be open to the public.
“(b) It is declared hereby to be against the public policy of this state for any such meeting to be adjourned to another time or place in order to subvert tire policy of open public meetings as pronounced in subsection (a).”
75-4317a:
“As used in this act, ‘meeting’ means any prearranged gathering or assembly by a majority of a quorum of the membership of a body or agency [448]*448subject to this act for the purpose of discussing the business or affairs of the body or agency.”

In State ex rel. Murray v. Palmgren, 231 Kan. 524, Syl. ¶ 4, 646 P.2d 1091 (1982), we held:

“The Kansas Open Meetings Act, K.S.A. 75-4317 et seq., was enacted for the public benefit and is therefore construed broadly in favor of the public to give effect to its specific purpose.”

The State contends that, under the requisite broad construction, a telephone call is included in the term “meeting.” We do not agree.

Preliminarily, some rules of statutory construction need to be stated. Interpretation of a statute is a question of law, and it is the function of the court to interpret a statute to give it the effect intended by the legislature. It is a fundamental rule of statutory construction, to which all other rules are subordinate, that the intent of the legislature governs if that intent can be ascertained. City of Wichita v. 200 South Broadway, 253 Kan. 434, Syl. ¶ 1, 855 P.2d 956 (1993). When a statute is clear and unambiguous, the court must give effect to the legislative intent therein expressed rather than make a determination of what the law should or should not be. Thus, no room is left for statutory construction. State v. Schlein, 253 Kan. 205, Syl. ¶ 4, 854 P.2d 296 (1993). When determining whether a statute is open to construction, or in construing a statute, ordinary words are to be given their ordinary meaning, and courts are not justified in disregarding the unambiguous meaning. Boatright v. Kansas Racing Comm’n, 251 Kan. 240, Syl. ¶ 7, 834 P.2d 368 (1992). It is presumed the legislature understood the meaning of the words it used and intended to use them. Rogers v. Shanahan, 221 Kan. 221, 223-24, 565 P.2d 1384 (1976). The purpose of all rules of statutory construction is to ascertain the intention of the legislature as expressed in the statute. These rules do not permit the courts to read into a statute something that does not come within the wording of the statute. Joe Self Chevrolet, Inc., v. Board of Sedgwick County Comm’rs, 247 Kan. 625, 633, 802 P.2d 1231 (1990). Statutes are to be construed to avoid unreasonable results. Todd v. Kelly, 251 Kan. 512, 515, 837 P.2d 381 (1992).

[449]*449Meeting is defined in K.S.A. 75-4317a as a prearranged “gathering or assembly.” Reflective of the ordinary meanings of those terms are the following:

“Gathering” means “to bring together into a crowd, group, body, or mass.” Webster’s Third International Dictionary 940 (1986). The verb “to gather” means “to come or bring together into a group, mass, or unit.” Webster’s New World Collegiate Dictionary 475 (5th ed. 1977).

“Assembly” means “a company of persons collected together in one place usually for some common purpose.” Webster’s Third International Dictionary 131 (1986).

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State Ex Rel. Stephan v. Board of Seward County Comm'rs
866 P.2d 1024 (Supreme Court of Kansas, 1994)

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866 P.2d 1024, 254 Kan. 446, 22 Media L. Rep. (BNA) 1430, 1994 Kan. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-stephan-v-board-of-seward-county-commrs-kan-1994.