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Monday, April 17, 1989 / University Daily Kansan
County seeking right for discovery in lawsuit against Hayden
by Kathy Walsh Kansan staff writer
Douglas County is in the process of arguing that discovery should be allowed in its lawsuit against the secretary of state of Kansas and Gov. Mike Hayden. The lawsuit criticizes the way the state conducted its census.
The right to discover gives each party an opportunity to gather information that he feels would be helpful in presenting his case, said Patti Hackney, assistant Douglas County counselor.
"The biggest motion now pending in state court is that they (the plantifis) say we have no right to discovery," she said.
In November 1988, lawsuits were filed in state and federal court. Both suits question the manner in which the state's census was
conducted.
The plantiffs listed in the suit are Douglas County, Leavenworth County, Riley County and 19 individuals, including students, military personnel and local legislators.
There are three main parts to the lawsuit, Hackney said.
First, the plantiffs believe that the guidelines of the statute were not followed when the census was conducted.
"We're alleging that the census count is wrong - that the secretary of state's office made mistakes," Hackney said. "We're saying they conducted the census in an arbitrary and capricious manner."
Secondly, there is the question of the wording of the statute authorizing the census, Hackney said.
"The statute assumes students live with their parents and military personnel live where they're from," she said.
Lastly, there is the question of the constitutionality of the amendment that was added to the state constitution, she said. The plantifs claim the amendment is unconstitutional under the U.S. Constitution.
The legality of the amendment to the state's constitution still is undecided, Hackney said.
The three counties listed as plantiffs are affected by the count because they have the specialized populations listed in the amendment - students and military personnel, Hackney said.
The two concerns associated with an accurate census count are funding, and funding,
Hackney said. Representation is vital.
"If we don't have the representation, a lot of laws get passed that affect Douglas County," she said.
Secondly, Hackney said, the statute was ambiguous in regard to funding.
The statute allows students and military personnel to be counted in their home districts, and not necessarily where they are living at the time of the census. The count cannot be used to determine financing for municipalities. However, Hackney said, the statute did not specify that it would not be used to determine financing in the future.
Robert Stephan, attorney general, who represents the secretary of state and Hayden, has
filed a motion in a federal court requesting that no action be taken on the federal suit until something is decided at the state level, Hackney said.
"State court is on hold until the judge decides if we have the right to discovery." Hacken said.
Chris McKenzie, Douglas County administrator, said the secretary of state's 1988 census showed a significant population decrease from the 1980 federal census.
The 1980 federal census showed a population of 67,640 in Douglas County, he said. The secretary of state's office released a population count of 58,272 for 1988.
The secretary of state's office later recounted at the request of local legislators and found the count to be 59,441.
Because many students living in dorms and other forms of organized housing at the University weren't contacted, the count was not accurate, he said.
"It means the people in this county will lose representation in the Legislature," McKenzie said. "In one precinct we have over 1,000 people registered to vote, but the state's figures show fewer residents in that district."
Price Banks, Lawrence city planning director, said Mayor Bob Schumm and the City Commission had decided to appoint a 1990 complete count committee to promote participation.
"The primary intent is to ensure an accurate count in the 1990 census," he said. "We want to get the word out so people know how important it is."
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