Category: COVID-19

Kansas Attorney General Derek Schmidt is offering guidance to state and local governments on how to comply with the Kansas Open Meetings Act (KOMA) if in-person meetings of any public body are replaced with remote meetings by telephone or other communications equipment amid the developing federal, state and local response to the COVID-19 outbreak.

“Nothing in state law allows for the suspension of the KOMA or its open government requirements,” Schmidt said. “In fact, in times like these, it’s more important than ever to ensure government remains open and accessible so Kansans are able to observe and understand how responses to an emergency situation are being developed.”

Kansas law requires meetings of public bodies be “open to the public.” Ordinarily, that requirement is satisfied by public bodies, such as city or county governing bodies, gathering in a room where members of the public are allowed to enter and observe during the meeting. However, in response to the “social distancing” directives from federal and state authorities that are designed to slow the spread of the virus, some governing bodies are considering replacing in-person meetings with electronic meetings by telephone or other remote communication method to avoid gathering in person.

President Donald Trump this afternoon announced new guidelines for controlling the spread of the virus that discourages gatherings of 10 or more people nationwide. The new recommendation comes after Gov. Laura Kelly today announced an executive order prohibiting gatherings of 50 or more people in Kansas in accordance with recommendations issued by the U.S. Centers for Disease Control and Prevention Sunday evening.

Schmidt pointed out that although remote meetings of public bodies by telephone or otherwise are allowed, those meetings still must remain “open to the public” by allowing the public to observe or hear the meeting. Due to the unprecedented and evolving nature of the current situation, Schmidt said his office is currently drafting a temporary regulation to provide more-specific guidance on how public bodies may comply with KOMA while the state of emergency related to the virus outbreak remains in effect.

While Schmidt’s office drafts the temporary regulation, public bodies and agencies governed by KOMA are directed to Attorney General Opinion No. 2005-3 and Attorney General Opinion 2011-23. These opinions, interpreting the KOMA, concluded that a public body or agency subject to KOMA may conduct meetings through electronic means such as teleconference or videoconference as long as the public body complies with all the requirements of the KOMA, the public receives the required notice of meetings, and the public is allowed to listen to the discussion. These Attorney General Opinions remain in effect for guidance.

A copy of these opinions may be found at https://bit.ly/33kKN2X and http://bit.ly/38QziRL.

The Kansas City, Kansas, Board of Public Utilities is suspending disconnections, according to an announcement today.

According to BPU officials, the BPU will not disconnect utility service for non-payment as customers and communities are facing potential hardship from the COVID-19 coronavirus. This temporary moratorium includes residential and business customers, according to a spokesman.

David Mehlhaff, BPU spokesman, said the BPU made the decision Friday.

Utilities throughout the Kansas City area are implementing similar policies, he said.

Mehlhaff said they don’t know yet how long the disconnect suspension will last.

“This is new territory and new ground for everyone,” he said.

He said that customers do not have to call to request that they not be disconnected; it will be automatic for residents and businesses. However, customers may call to set up other payment arrangements if they are affected.

He said he hoped people would try to stay as current as they can on their bills, even though they won’t be cut off, because their bill will keep accumulating. He did not want them to get in a bad situation down the road.

The BPU also is trying to implement social distancing. The BPU is offering a lot of alternatives for customers to pay bills other than walking into the BPU lobby at 5th and Minnesota, he said.

The BPU has just eliminated the $2 service fee to use grocery store kiosks to pay the BPU bill, he said.

While the BPU lobby will remain open, he said the BPU is encouraging customers to use other methods, such as online payments at www.BPU.com, payments by phone at 1-855-278-2455 using a credit card or checking or savings account, automatic check withdrawal available by calling 913-573-9190, or sending the BPU payment by mail, using a return envelope provided with the bill.

There is a self-service payment kiosk and payment drop box inside the BPU lobby at 540 Minnesota Ave.

There are grocery store pay site kiosks in the Greater Kansas City area, including five in Wyandotte County grocery stores. Their locations are listed at https://www.bpu.com/portals/0/pdf/billing-kiosk-locations-charts-vers-2.pdf.

If anyone has any BPU billing or customer service questions, customers may call 913-573-9190 and a utility representative will assist. Residential customers who are financially impacted by the COVID-19 outbreak can set up payment arrangements by calling 913-573-9145.

BPU has also undertaken a number of steps to combat the spread of COVID-19, including increased cleaning and disinfection of public facing spaces, which includes BPU’s main Customer Service Lobby located at 540 Minnesota Ave. in Kansas City, Kansas, according to the announcement. These efforts also include making available hand sanitizer at the entrance to the facility as well as hand sanitizing wipes near lobby workstations so both visitors and employees can keep these areas continuously cleaned.

The BPU also is sharing information on the importance of undertaking individual efforts to stop the spread of COVID-19, including handwashing and staying home if sick. The BPU stated it is closely following the Centers for Disease Control’s (CDC) guidelines and recommendations on the steps it can take to help prevent the spread of the virus. BPU will continue to closely monitor this situation and do all it can to protect its customers, employees, and the public, according to the statement.