Did Topeka city and school board leaders break open meeting laws?
Topeka Capital-Journal
Key Points:
Topeka City Council and Auburn-Washburn school board members met with Compass Datacenters representatives.
The meeting has raised concerns about potential violations of the Kansas Open Meeting Act.
City and school district officials deny that the gathering constituted an official meeting requiring public notice.
A media attorney stated that if a majority of members met to discuss public business, it likely violated the law.
Majorities of the Topeka City Council and the Auburn-Washburn USD 437 Board of Education on July 28 met with representatives of Compass Datacenters at the Washburn Rural High School's new Innovation Center.
The meeting lasted about two hours and was several hours before a public open house with the same company.
That raises the question as to whether the council and the school board violated the Kansas Open Meeting Act for not disclosing to the public the earlier meeting.
Nonpartisan coalition Protect Kansas got an anonymous tip about a private meeting school board members would be having with Compass. Protect Kansas sat outside the Innovation Center to see who attended.
"We saw nearly every single one of the Topeka City Council; every single one the USD 437 board; we saw Go Topeka; Mike Morse, the realtor for the commercial real estate location; we saw members of, I believe, local work groups as well," said Meghan Ryan, Protect Kansas founder. "There were a whole lot of folks."
Ryan said the group is concerned because when a community member emailed Brad Noller, school board president, asking about the meeting, the person was told there were no agenda plans for a board meeting regarding Compass.
"It's really frustrating because we just saw you did have a board meeting or at least a big meeting here with so many groups," she said. "... There's a lack of information there's a lack of communication with the community. It feels very disappointing."
Kansas Open Meetings Act requires public notices for meetings
Under KOMA, a meeting is "any gathering or assembly in person or through the use of a telephone or any other medium for interactive communication by a majority of the membership of a public body or agency subject to this act for the purpose of discussing the business or affairs of the public body or agency."
There are exceptions to the rule, including executive sessions to discuss legal matters.
Transparency advocate and Lawrence attorney Max Kautsch said chance meetings between members of a governing body, where no public business is discussed, don't violate the law. However, he said such encounters tend to "beg the question of whether a 'meeting' to which the public was entitled notice under KOMA has occurred regardless."
Kautsch said if five or more city council members gather, it's "reasonable to believe they did not meet by chance but rather that they discussed public business, the body most likely violated KOMA if notice of such meeting was not given to the public."
He also said the same applies if four or more school board members appear together.
Topeka City councilwoman confirms Compass Datacenters meeting
Councilwoman Christina Valdivia-Alcala confirmed the meeting happened at 2 p.m. July 28 and that all city council members attended, with the exceptions Marcus Miller and Brett Kell. Mayor Spencer Duncan and city manager Robert Perez also didn't attend, she said.
Members of GO Topeka and other agencies did attend, she said.
Valdivia-Alcala said she and other council members interacted with one another but couldn't recall if several members discussed issues at any given time.
"I cannot tell you for sure that they were conversing because I had so many questions to ask the Compass people," Valdivia-Alcala said.
Valdivia-Alcala said she thought Compass was forthcoming with the public about the meeting but added that it is the responsibility of the city to inform the public.
City communications director Daniel Garrett told The Capital-Journal that a number of council members and three members of administrative staff attended the 2 p.m. meeting, which was also conducted as an open house.
"The open house was not conducted as a meeting of the Topeka Governing Body," Garrett said in a written statement. "Informational stations were set up around the room, and attendees circulated individually to receive information and ask questions. The purpose of the meeting was to provide local government officials and business leaders the opportunity to have their questions answered regarding the proposed data center.
"The councilmembers were not seated or assembled together as a body, no Governing Body deliberation or vote occurred, and no one had authority to take action on behalf of the City."
Garrett also told The Capital-Journal the city didn't need to put out a media advisory.
"Because Kansas law does not require a general media advisory or website posting for every gathering attended by public officials and understanding that the City did not call or organize the open house as a Governing Body meeting, the City did not issue a meeting notice or media advisory," he said in the written statement.
Auburn-Washburn's media team didn't know about impromptu meeting
The Capital-Journal reached out to Auburn-Washburn USD 437's media team to ask if an open meeting notice was sent.
Jessica Roberts, the district's communications director, said it was "false information" and that the board "is not meeting with Compass."
When The Capital-Journal asked whether "multiple members of the board currently (were) at the innovation center talking with representatives of Compass," Roberts said they weren't to her knowledge.
The Capital-Journal then asked when Robert could be able to verify the information and provide comment. Roberts said further questions should be referred to Compass.
“I’d encourage you to contact Compass Data directly for information about any events they may be hosting today for elected officials and others," Roberts said in an email.
The Capital-Journal reiterated that the district is responsible for adhering to KOMA, not Compass.
Roberts said she didn't have "any additional information beyond what I've already shared."
After The Capital-Journal reach out to school board members, Roberts provided the following written statement.
"Compass Datacenters held two information sessions on July 28, 2026. Members of the USD 437 Board of Education were invited to attend this public event, as were various persons of the community. This was not a meeting as defined by the Kansas Open Meetings Act; attendance by any board members was not for the purpose of discussing business of the board."