PortKC has become Kansas City’s go-to agency for economic development incentives—but with a troubling condition. Applicants must sign a non-disclosure agreement (NDA), quietly embedded on page 16 of its Development Application Package. Why?
Secrecy isn’t standard practice. The Economic Development Corporation—which oversees the TIF Commission and other incentive bodies—does not require NDAs.
These agencies also hold more public meetings, solicit community input, and include representation from schools and libraries. Mayoral appointments to the TIF Commission must be confirmed by the city council. In contrast, the mayor appoints PortKC board members unilaterally.
This lack of transparency disserves the public. While developers might prefer NDAs when pursuing public subsidies—which is a separate concern—here, it’s the public agency itself insisting on secrecy. That’s even more alarming.
PortKC has other problems, some of which I detail in a recent column for The Kansas City Star:
A series of audits from 2021 through 2024 flagged serious internal control problems, including one where the finance director had full authority over journal entries, deposits and account reconciliation — with no oversight. Port KC has repeatedly promised to fix these issues and repeatedly failed to act.
PortKC’s transparency problem is compounded by persistent failures in oversight. A string of audits from 2021 through 2024 flagged major internal control issues. In one case, the finance director had sole authority over journal entries, deposits, and account reconciliation with no checks in place. PortKC acknowledged the problem and pledged reform but never followed through.
The 2024 audit revealed yet another compliance failure: the agency hadn’t verified whether its development partners were barred from receiving federal funds—a basic federal requirement known as “Suspension and Debarment.” Given PortKC’s increasing intake of federal money, this oversight is especially serious.
These aren’t isolated lapses. PortKC also failed to properly vet Lux Living in 2022. The pattern is clear and ongoing. With long-standing problems still unaddressed, the question is no longer whether something will go wrong, but when.
These issues matter more than ever. At the time of my Star column, I noted PortKC might be involved in financing a downtown park for the Royals. That’s now more likely: the Kansas City Business Journal reports that tax-free bonds via PortKC are under discussion.
Meanwhile, city officials are exploring ways to approve deals without a public vote. Combine that with PortKC’s built-in secrecy, and the result is troubling: public funds deployed without public oversight.
