In a split decision, the Kansas Court of Appeals ruled Friday that Gov. Sam Brownback can block access to records sought by the Salina Journal and Associated Press.

The news outlets have sought records pertaining to all applicants seeking appointment to two newly created Saline County commissioner positions after the commission was expanded from three members to five in 2014.

The news outlets considered the records to be public under the Kansas Open Records Act. The Brownback administration denied access to the records, claiming they were not subject to KORA under a personnel records exception.

In January 2015, the Journal and AP jointly filed a petition with the Shawnee County District Court, requesting a judge order the records turned over.

On Dec. 18, 2015, Shawnee County District Judge Rebecca Crotty sided with the news outlets, ruling none of the KORA exceptions applied in this case. The governors’ office appealed to the Kansas Court of Appeals.

In a 2-1 ruling Friday, a three-judge panel of the appellate court sided with Brownback.

KORA allows government agencies to block access to "personnel records…pertaining to employees or applicants for employment" except "names, positions, salaries or actual compensation employment contracts or employment-related contracts or agreements." The news outlets argued "applicants for employment" did not pertain to applicants for appointment.

Judges Henry W. Green Jr. and James Burgess wrote that "nothing within the plain language of the personnel records exception supports this interpretation."

"Unlike plaintiffs’ argument, a person is not either an ‘applicant for appointment’ or an ‘applicant for employment.’ Instead, a person is an applicant, who must go through an application process, to obtain employment," the court ruled.

Judge Stephen D. Hill dissented, saying his colleagues on the court were "expanding the personnel records exception" to KORA by including "the identifies of those seeking elected public office."

"They equate county commissioners with employees. There is a difference between a policy maker and one who carries out that policy," Hill wrote.

"If letters of recommendation for those seeking elected office are open to the public, as the exemption states, it makes no sense to say the identity of those seeking that public office must remain secret," he added.

Hill’s dissent notwithstanding, the 2-1 ruling in Brownback’s favor means the governor’s office is not required to make public information about the Saline County Commission candidates. The ruling could be appealed to the Kansas Supreme Court.