The validity of a formal complaint accusing Ellsworth city officials of violating the Kansas Open Records Act is still being examined by the Kansas Attorney General’s Office, officials confirmed late last week.

The complaint, which was filed in mid-January by Sean McGivern, a Wichita attorney representing former Ellsworth City Administrator Scott Moore, stems from an original request filed last year. Specifically, McGivern asked the city to provide what he described as “electronic communications from 25 individuals sent and received through cityissued electronic devices and/or email addresses from June 1, 2018, through June 30, 2020.” Those 25 individuals are named in the request and include former and current city officials and staff.

The city had until March 1 to respond and provide additional information to the state. Once received, the response would be reviewed to determine if more information was needed, and what action, if any, was required to resolve the matter.

“The complaint remains under review,” John Milburn, a spokesperson for the Kansas Attorney General’s Office, said, adding no additional information would be available.

In his request, McGivern also asked for additional items, including certain bills, salary records, audio recordings of specific 2019 and 2020 city council meetings, policies, documents and other information.

Under KORA, public entities are required to act on records requests as soon as possible, or no later than the end of the third business day following the date received. However, if access is delayed, the law requires an explanation not only detailing why, but the earliest time and date available. But if the request is denied, the law requires a written explanation why. McGivern also asked the statement to be provided to him no later than the third business day following the date received.

McGivern’s original records request was dated Sept. 19, 2020.

In his complaint to the state’s attorney general, McGivern alleges the “City refused to search mobile devices, including phones and tablets, even though (the) City pays for (the) data plan on the tablets, and respondents use phones and tablets to conduct business —”electronic communications from 25 individuals sent and received through city-issued electronic devices and/or email addresses from June 1, 2018, through June 30, 2020.”

McGivern indicated the matter would be resolved if the requested records were received, state officials said.

Ellsworth City Attorney Patrick Hoffman has insisted the city searched its emails and databases for the requested records, but because text messages are not stored, no searches were conducted. He also previously said the city may not have the authority to search cell phones — an issue that will be determined by the state attorney general’s office.

Hoffman has been adamant none of the requested documents were withheld, and the city would comply with the attorney general’s findings.

Investigations can take three to four weeks or several months depending on the nature and number of alleged violations, according to the attorney general’s office.

Moore served as Ellsworth city administrator from June 1997 through June 2005. He later returned to Ellsworth after he was rehired by the city council in July 2015, replacing former city administrator Tim Vandall, who accepted a job in Lansing.

Moore abruptly left City Hall in November 2019 after the Ellsworth City Council unanimously voted during a special meeting to immediately terminate his employment. Today, he serves as the assistant city manager for administration in Port Arthur, Texas.