Attorney general announces new rules to keep government meetings transparent during COVID-19 distancing limitations

New rules for state and local governments to comply with the Kansas Open Meetings Act (KOMA) during ‘social distancing’ emergency restrictions have been approved by the State Rules and Regulations Board and are now legally binding, Attorney General Derek Schmidt said today.

Schmidt proposed the new regulation last week amid the proliferation of federal, state and local public-health restrictions that may prevent people from gathering in-person for public meetings. The State Rules and Regulations Board this morning met and voted to approve the temporary regulation. Schmidt said he will propose the regulation be permanently adopted, which will start a process allowing more public input and comment on the regulation.

Overall, the new regulation advises public bodies to keep the need for transparency prominently in mind if stay-home orders or other pandemic-response requirements prevent the public from attending meetings or cause members of public bodies to meet without physically gathering in person. Public bodies subject to the KOMA should “take any actions as may be necessary and reasonable under the circumstances of the emergency declaration to advance the state policy that ‘meetings for the conduct of governmental affairs and the transaction of governmental business be open to the public.’”

A copy of the regulation, K.A.R. 16-20-1, and an accompanying Best Practices document are available on the attorney general’s website at www.ag.ks.gov/open-government.

Kansas, KCK area seeing an increase in COVID-19 cases

A map and graph showed the increase in COVID-19 cases in Kansas on Wednesday. (KDHE map and graph)

Kansas jumped to 126 positive COVID-19 cases on Wednesday morning, up 28 from yesterday, according to the Kansas Department of Health and Environment.

Wyandotte County reported 27 total positive cases at 11 a.m. Wednesday, according to KDHE statistics. It was three more than the 24 cases that were reported as of 8 p.m. Tuesday.

Johnson County’s total was 44 positive cases at 11 a.m. Wednesday, KDHE reported. Johnson County had 36 cases on Tuesday morning, March 24.

Leavenworth and Sedgwick counties had 11 cases each on Wednesday, while Douglas County reported a total of 10 cases.

Some of the positive cases reported earlier have recovered.

Wyandotte County reported its second death in a COVID-19 patient on Tuesday night. The state now has three deaths associated with COVID-19. A “stay-home” order went into effect earlier Tuesday in Wyandotte County and surrounding counties, and will be in effect through April 23 here.

Dr. Lee Norman, Kansas secretary of health, said today the rate of growth in Kansas isn’t nearly as high as New York and Washington, but is in keeping with many other places in the United States.

Dr. Norman at a news conference today said the expectation for the state of Kansas and everywhere else is that the number of positive cases will double about every three or four days. Kansas could have 300 to 400 positive cases by March 31, perhaps closer to 400, he said.

“Our goal is to stay home, top the number out and level it off, drop it down,” he said.

Many of the persons testing positive now for the coronavirus may have been infected two to 14 days ago.

Dr. Norman did not expect to see immediate results from the shelter in place order or from voluntary stay-home efforts because some people are looking at the order, trying to see what the exceptions are and how to wiggle around them, he said.

“That is exactly the wrong approach,” Dr. Norman said. He asked people to stay at home whether or not an order with exceptions is in place, or whether it is voluntary.

“We’re grownups, so you have the ability to make a decision, the ability to do this,” he said.

It’s not a game of avoiding staying at home through the exceptions, he said.

“If you must go out for essential tasks, observe those social distancing rules,” he said. The rules are proven to work, he said.

About 4.5 percent of all tests run in Kansas have had positive results, he said. Those tests have been run on ill people, in general, he added.

The KDHE has not had enough test materials all along the way, and has had to use fever as a criteria of testing in hospitals, he said. When more tests become available, he would like to expand testing, and do studies of COVID-19 incidence in the population.

Currently, private labs are doing commercial testing in Kansas, along with the state, and physicians are able to order private testing from commercial labs if the patient does not meet hospital criteria, according to Dr. Norman.

The KDHE still must keep watch over its tests, he said, as supplies have been short. It has set priorities on testing, with health care workers and first responders a priority; along with potential clusters with unknown respiratory illness; hospital patients with no alternative diagnosis who have been through other tests; and those over 60 with symptoms who live in nursing homes, long-term care homes, congregate settings and adult day cares.

The state lab has been going through about 150 to 200 samples a day, he said.

It also has about 25 pages of requests from counties and health care organizations for personal protective equipment that is needed. That might include masks, gowns and gloves.

On Tuesday, Kansas received two semi-trucks of supplies from FEMA, he said, that will help the situation.

While Kansas has a lower population than other states, with fewer cases, Dr. Norman argued it should have the same right of personal protection equipment per capita as larger populations.

He said they are working with providers and federal agencies to acquire ultraviolet light sterilization devices so masks and equipment can be reused up to five times. Currently, ultraviolet light is used to sterilize rooms after patients are discharged. The masks might be able to be reused five to six times before discarding if the sterilization devices are acquired and approved, he said. The masks would only be used for the same patient, not for multiple patients, he added.

Dr. Norman said at this time, there is no reason to suspect ibuprofen or nonsteroidal medications would worsen COVID-19, as has been discussed in Europe.

The state has a task force currently working on planning for bed space, ICU beds and ventilators, he said.

He also said some faster tests are being developed that may take as little as 45 minutes to get results, which is important to health care. Hospitals are beginning to develop their own capacity to do testing, he added.

Dr. Norman said he would like to develop satellite locations, especially in high population areas, where test samples can be drawn, and at some point to do a study. That would help determine if persons who are asymptomatic are infected and spreading the coronavirus. In turn, that would help health care officials know when everyone can return to normalcy, he said.

Dr. Norman said people need to take staying at home seriously.

“Adults should not require declarations in place,” he said. They should follow doctors’ advice.

When asked if it was likely that things would get back to normal by Easter, as President Trump has stated, Dr. Norman said, “I think that’s unlikely.”

While people are allowed to go out under the emergency stay-home order for necessities such as groceries, local health officials have asked sick people to stay home. Those who need medical care may call their primary health care provider and wait for a call back with instructions for their next step.

Doctors urge residents to stay home

Doctors from the University of Kansas Health System said today, in a different teleconference, that they are beginning to see an increase in the number of positive COVID-19 cases in the Kansas City area.

There are more positive patients at the hospital, according to Dr. Steven Stites, chief medical officer at KU Health System. The system includes KU Hospital in Kansas City, Kansas.

“We’re starting to feel the surge and working really hard to make sure we have enough supplies and equipment, knowing if that surge continues as we expect, it’s going to be a challenge,” he said during a news conference Wednesday morning.

What will help is for people to stay home and stay safe, he said. Fewer people will get sick, and hospitals will have enough supplies and equipment if people stay home, he believes.

Because Kansas City has less density than New York or the West Coast cities, and because Midwesterners tend to be socially conscious and will work hard to follow the advice of doctors and health officials, he said he hopes the measures taken will work.

While health professionals are appreciative of the efforts of those who want to help by making masks at home, the doctors at KU said they probably couldn’t use the fabric masks unless they were made at a biologic grade with specific material. The homemade masks possibly could be worn by ill patients at home, one doctor said.

Dr. Dana Hawkinson, medical direction of infection prevention and control at the KU Health System, was appreciative, but said that fabric masks tend to get wet or moist from coughing or water vapor, and then they might act like a sponge, drawing in whatever is in the air. Wearing one of the masks could give someone a false sense of security, he added.

“If you want to know how to help, it is to stay home,” Dr. Stites said.

The doctors said there wasn’t much knowledge available about COVID-19, and advised residents to be careful about claims they are hearing about products that could make them feel better.

What really works best is to get enough sleep, eat right, don’t drink too much alcohol because it might depress the immune system, stay hydrated and stay home, Dr. Stites said.

Ashleigh Adams, RN, a nurse on the front lines at the hospital, said nursing at the bedside has changed quite a bit with an increase in positive COVID-19 patients. Some of the units at KU Hospital have been converted to care for COVID-19 patients.

At the bedside, it’s very different with COVID-19 patients, Adams said.

The positive patients are very tired with general malaise, and are scared, she said. The nurses are trying to reassure them, comfort them and provide for their needs, she said.

“They’re already away from home, and it’s hard,” she said. “And now they can’t have visitors, for understandable reasons, it makes it hard.”

The nurses are encouraging phone calls, and have seen increases in calls from families, she added.

Dr. Stites said none of the nurses in these units had previous experience in caring for COVID-19 patients, and have stepped up to take on the cases. “Hats off to them,” he said.

“To see people pull together like that is a remarkable story,” he said.

“If people will help them by staying home and staying safe, then we will not put our teams at risk,” he said. “You ask what you can do, that’s what you can do.”

To view the KDHE news conference, visit https://www.facebook.com/KDHEnews/.

To view the KU Health System news conference, visit https://www.youtube.com/watch?v=C6fgr2UsyrI.

The Kansas COVID-19 website is at
https://govstatus.egov.com/coronavirus.

The UG’s COVID-19 response website is at
https://alpha.wycokck.org/Coronavirus-COVID-19-Information.

COVID-19 information from the CDC is at https://www.cdc.gov/coronavirus/2019-nCoV/index.html.


Sophomores set standard for future KCKCC softball

Seven sophomores who started virtually every game in last year’s 38-win season were limited to 14 games by the coronavirus pandemic this spring. They were, front row, from left, Alaina Howe, MacKenzie Pinkerton and Hannah Redick; standing, Devin Purcell, Shaylun Grosstephan, Alexis Rymer and Jennica Messer. (KCKCC photo by Alan Hoskins)

by Alan Hoskins, KCKCC

Having a season end just 14 games into the spring was devastating enough but particularly so to a corps of seven Kansas City Kansas Community College sophomores who just a year ago led the Blue Devils to one of the best softball seasons in history.

Their 38 wins are the second most ever at KCKCC and they finished runnerup in the NJCAA Region VI district.

Faced with adverse weather and a demanding non-conference schedule, the Blue Devils were 7-7 this spring before the NJCAA stopped all competition because of the coronavirus pandemic.

“An incredible group of young athletes who have set the standard for all future Blue Devils,” second-year coach Lana Ross said. “I could not be more proud of not only the accomplishments on the field but for the strong women they’ve become.”

The sophomores, with comments from coach Ross:

Alexis Rymer, Piper – Batted .452 with incredible .903 slugging percentage. Led team in RBI (15) and home runs (3); played errorless right field. “A gifted outfielder and power hitter who made one of the biggest transformations I have witnessed. I’m not sure I heard her speak more than 10 words her entire freshman semester and now she’s one of the strongest women I know.”

Devin Purcell, Eudora – A .347 hitter from leadoff spot. Led in runs scored (13) and second in hits (17); had no errors defensively. “Our starting centerfielder from the day she arrived on campus. One of the most amazing players I have coached, not only because of her athleticism and second to none work ethic but because of her ability to keep everyone, including me, smiling and laughing even when it got tough.”

Jennica Messer, McLouth – Hit at a career high .341 clip, rapping out 14 hits including team high five doubles. “Our starting catcher who caught all of our pitchers and became a great hitter we could always count on. I may have been harder on Jennica than anyone but I could see the potential she didn’t know she had. Every time I pushed, she got better.”

Hanna Redick, Shawnee Mission North – A .325 hitter, drove in 11 runs with 13 hits. Made just one error in 55 infield chances. “A quiet young woman who walked into my office in July before her freshman year and asked if she could walk on. It took her less than two weeks to earn a scholarship. Started at shortstop and led off during an incredible freshman season (.368), leading by example on and off the field and maintaining a perfect GPA.”

Shaylun Grosstephan, Girard – Compiled 3-2 pitching record after 15-6 record as freshman. Also played first base, hitting .256. “An amazing and talented pitcher who worked so very hard on her game. One of the smartest players and a true student of the game, Shay is everything a coach dreams of, a great teammate, perfect student in the classroom and incredibly coachable.”

MacKenzie Pinkerton, Chanhassen, Minnesota – Made just one pitching start after pre-season injury this spring. Was 16-12 as freshman with 134 strikeouts while hitting .256. “A Minnesota native who took a chance to start her career with us and boy, are we lucky she did. An incredible pitcher and fierce competitor, she led her team as a freshman in the circle. A teammate you want on your team, she had to fight incredibly hard for this season.”

Alaina Howe, Eudora – Batted ,235 in 14 games at second base after starting every game at third base as a freshman. “A very talented infielder and one of the hardest workers I have known. Not only does she work hard every single day at practice and the weight room, she maintains a high GPA and holds down a job.”

While graduation will take seven starters, the Blue Devils will re-build next season around a pair of freshmen team leaders from Lansing, outfielder Leah Seichepine and pitcher-first baseman Bradi Basler. Seichepine led in hitting with a .462 average and in hits (18) and slugged at a .564 mark.

Basler compiled a 4-4 record on the mound, striking out 59 and walking 20 with a 5.13 earned run average. She also hit .385 with 15 hits, three home runs and seven extra base hits, 14 RBI and a .718 slugging percentage.

Abby Henson of Pleasant Hope, Missouri, who started all 14 games at third base while hitting .293 with 12 hits, also returns along with infielder Madison Pope of McLouth, who hit .333 in nine games, and outfielder Alyssa Seichepine of Lansing, .333 in six games.

Well before the emergence of the coronavirus suspension of games, Ross and assistant Jenn Strohman began recruitment of what they consider a promising class of freshmen.

“We have 10 incoming freshmen of whom I’m very excited,” Ross said. “I think once we can all get back, everyone will be excited to work hard and get better every single day to have the best season in history.”