Government transparency is turning into a key issue in the race for Merriam mayor, after one candidate’s frequent public records requests have prompted the city to change how it responds to such requests.
Billy Croan, who is challenging incumbent Mayor Bob Pape, has a long history of being civically involved in Merriam through volunteering and regular meeting attendance.
He’s driving his mayoral campaign, in part, on a platform urging more government transparency and accountability, as well as showing up and listening to neighbors. He’s filed nearly two dozen public records requests this year and frequently emails city staff.
City officials and some elected councilmembers, though, say Croan’s crusade for public records has, at times, created a “toxic” atmosphere at city hall and is spoiling relationships with people Croan would lead if elected.
Pape, for his part, defends his tenure in office, taking partial credit in his campaign for the city’s recent development boom, most notably a remaking of the Shawnee Mission Parkway corridor around Antioch Road.
In some instances, the men’s interactions in public have turned tense and heated.
In a city meeting earlier this summer, Pape asked Croan to tread lightly when Croan aimed some of his public comments at the city’s clerk, with Pape saying Croan was getting “very close to being slanderous.”
For his part, Croan disagrees with how his opponent and others are characterizing his relationship and reputation within city hall.
Calling himself a defender of the people, he says he is seeking to hold local government accountable and is urging increased transparency. He launched a website dedicated to “bringing Kansas government into the sunlight.”
He’s filed 22 open records requests under the Kansas Open Records Act with the city of Merriam so far this year, as of the end of July.
“Witch hunt” or “harassment?”
Croan’s push for public records became an agenda item at a city council meeting on July 28.
At that meeting, City Administrator Chris Engel said Croan’s frequent requests were bogging down staff time as they addressed requests, some of which would come in on the heels of another request, and went back and forth with Croan via email.
“This is more than just formal records requests. This goes back years. It impacts many staff members’ and our ability to efficiently do our jobs,” Engel said at the July 28 meeting.
City records show Croan requested things like any and all minutes and agendas for any city meeting, including committees and subcommittees; lists of any and all city committees, bodies, commissions and subcommittees, active or inactive; communication containing Croan’s name sent from city employees to anyone who is not that specific individual during a six-month time frame; and all block party grant applications for a specific year.
Engel, who never named Croan in his July 28 presentation, characterized the records requests as conspiratorial in nature and, in some cases, “harassment” toward city staff.
At the same meeting, Croan spoke during public comments and identified himself as the records requester Engel and staff were referring to.
He took umbrage with how city officials were portraying his requests for public records, which he — and any other citizen — has the legal right to access.
“The way this whole witch hunt has been put on is a shame on this city,” Croan said that evening. “I can give you more thoughts on this later, but I’m still stewing on this. This is nuts. Shame on you all.”
The entirety of that meeting is embedded below. Discussion of the item begins at 44:17.
City records show Croan submitted five open records requests in 2024, but that number ramped up to 22 through the first seven months of this year as Croan’s campaign for mayor got underway.
Croan said he has been submitting an increased amount of open records requests this year because city staff directed him to do so.
“Our city administrator created the need for open records [requests] because he directed staff not to answer simple, easy questions that would have taken just a fraction of time,” Croan said at that July 28 meeting.
What is the Kansas Open Records Act?
The Kansas Open Records Act, often shortened and referred to by its acronym KORA, allows the public to access government records with some exceptions, including personnel records, information related to criminal investigations and records protected by attorney-client privilege.
Residents can ask to see eligible open records by inspecting the original records themselves or obtaining copies of such records. State law also outlines how residents can request records.
Additionally, state law requires public agencies to adopt procedures to handle records requests while balancing full access to public records and also protecting such records and preventing “excessive disruption of the agency’s essential functions.”
Merriam, like other Johnson County cities, has an online tracking system that the public can use to submit records requests. The city hasn’t typically charged residents for fulfilling records requests, but in August, the city council opted to start charging residents fees for fulfilling requests when city staff takes more than 15 minutes to complete them.
Staff costs are calculated based on the hourly rate of the lowest paid staff member who can complete the request.
For his part, Croan said he believes the city can do more to make records easily accessible online for all residents. He said he sees that KORA is a “last line of defense” for Kansans.
“I’m an active Merriam citizen, I’m running for office,” Croan said. “There are a lot of things I’m interested in this city.”
Councilmembers describe relationship as “toxic”
Beyond KORA requests and staff time spent on Croan’s inquiries, some councilmembers have raised concerns about the tenor and tone of Croan’s statements and actions in public meetings and over email to city staff.
The Post spoke with Councilmembers Staci Chivetta, Jacob Laha and Whitney Yadrich, all of whom generally agreed that they are worried about the city’s future if Croan is elected.
All three said that they support Pape’s reelection.
Chivetta described Croan’s relationship with current city leaders as “toxic.” Yadrich said there is a line between being an engaged resident and “being a detriment to the progress of the city,” implying that she believes Croan crossed it.
Laha said he used to think Croan wanted what was best for Merriam, but now “it feels like he’s got a vendetta against the city.”
“He has spent untold hours trying to find something that he’s never found because there’s nothing to find,” Laha said, referring specifically to “corruption or back-room dealing.”
For his part, Croan dismissed the three councilmembers’ comments, pointing out their support for Pape makes them biased against him.
“They’re obviously rooting for him and doing what they can to support him,” Croan said in a follow-up interview with the Post. “It wouldn’t surprise me at all if they had that motivation to paint me poorly.”
He also denied their claims that he has created a “toxic” relationship with the city staff he would oversee if elected, saying that he would not describe his interactions with city staff as hostile, nor himself as antagonistic toward city staff.
Collegiality in city hall comes up at Post forum
At the Post’s Merriam mayoral and city council candidate forum on Sept. 23, both Croan and Pape were asked how they plan to work with existing staff and the city council if elected.
Pape said he has proven his ability to work with everybody on both sides of the dais, given his experience as a city staff member for nearly four decades before becoming a Ward 4 councilmember and, currently, the mayor.
“I’ve known many of those individuals that are on staff for 30 years in some cases,” Pape said. “I have no issues with any of our staff.”
In response to an audience member’s question asking the candidates’ opinions about current city administrator, Chris Engel, Pape said he supports Engel, saying that he is a “very educated and very talented man” who “makes things happen in Merriam.”
Croan, for his part, said it has been an honor to work closely with staff for the past decade as an active community member, and he also noted Engel’s comments of his “extraordinary level of involvement.”
Croan also said he believes city staff “can receive constructive feedback without becoming hostile to their mayor or to the residents of their city.”
“Our staff are the gears that get things done in our city,” Croan said. “Sometimes mistakes happen and things fall through the cracks. Responsible leadership identifies and corrects mistakes instead of ignoring them for fear of ruffling feathers.”
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