Bereman releases KORA e-mails with Goodman

Editor's Note: The following emails, between Journalism Instructor Larry Bereman and Lyon County Prosecutor John Marcus Goodman, were released April 25th by Bereman.

Mr. Goodman,

We have a problem at Emporia State, and you have contributed to the confusion by implying that the university can “decide” in some way that the Faculty Senate here does not have to abide by the Kansas Open Meetings Act (KOMA) and the Kansas Open Records Act (KORA). You were quoted in The Bulletin (student newspaper) that you were waiting for a statement of some kind from President Lane on what he feels the status of the Faculty Senate is, and that the president and faculty senate are working on some kind of solution to the problem of secret balloting taken by the senate.

I’m not sure if you realize how much you have muddied the waters on this issue. You need to make it clear to this institution that the president and faculty senate can’t simply “opt out” of abiding by the law.

The law itself, Attorney General opinions and court cases all make it very clear that a body such as the faculty senate is subject to both KOMA and KORA, and that secret balloting is not allowed.

This is the message that must be sent to the university. I do not advocate filing charges against the senate, but I feel very strongly that this matter needs to be cleared up so that similar problems do not arise in the future.

The attitude that various people on the senate have displayed is very disturbing. They have not only shown ignorance in these matters, but arrogance as well.

Please, PLEASE, clear this up before it gets totally out of hand. Inform President Lane and high ranking Faculty Senators that they, number one, ARE subject to KOMA and KORA, and that two, secret balloting is not allowed.

I can make this a formal complaint if you like, but I would prefer that you simply let these people know what is expected of them, and perhaps we can put all of this behind us. I think you owe that to us at this point.

Sincerely,

Larry Bereman

English Department

Mr. Bereman: I cannot much realize what I may have said or not when I have never seen what was written. I also, having seen previous copies of The Bulletin, recognize a lack of accuracy in reporting. If you intend to allege this in more formal form, please do so in writing.

Marc Goodman

It’s remarkable that you would encourage me to file a formal complaint about this rather than deal with it in more logical and less traumatic ways. The Bulletin is run by student journalists with little or no experience, and in that respect, they do a remarkable job at reporting the news. There was no reason for you to libel the student newspaper like you have.

Having said that, let me make a recommendation. First of all, read what has been attributed to you. Even if you don’t think much of student media, it is still important that you know how you were quoted. (material is online and easily accessible)

Second, the most logical approach to this would be for you to issue a press release to The Bulletin saying, in essence, that the Faculty Senate apparently violated KOMA with their secret balloting, but because they have reversed themselves, no action on your part is necessary.

Also, because of your apparent lack of knowledge of KOMA and KORA (as illustrated by quotes in The Bulletin and your response here), any complaint I file would be with the Kansas Attorney General’s office, and that complaint would likely include your action (or inaction) on the matter.

I’m not trying to pick a fight with you. I just feel that you have totally confused the issue(s) here on campus, and it is now your responsibility to clear the air. If you don’t feel the need to do that, then fine. I will take care of it myself, and believe me, you will not be pleased.

I have dealt with these issues for the last 35 years, and results of my action have nearly always been in my favor. I don’t file complaints of this nature unless I am absolutely sure that I am in the right.

Sincerely,

Larry Bereman

English Department