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AG Derek Schmidt reaches settlement with Marshall County Board of County Commissioners over KOMA violation

Release Date: May 30, 2018

TOPEKA – (May 30, 2018) – Kansas Attorney General Derek Schmidt today executed a settlement with the Marshall County Board of County Commissioners to resolve a violation of the Kansas Open Meetings Act (KOMA).

In February, the attorney general’s office received a complaint alleging that the Marshall County Board of County Commissioners violated the KOMA by improperly discussing a matter in executive session. Upon investigation, the attorney general’s office determined that the Board violated the KOMA by recessing into executive session to discuss nonelected personnel, but did not discuss any matters regarding or related to nonelected personnel during the session. In addition, the investigation also revealed that the Board had violated the KOMA when its motion to recess into executive session failed to include a specific statement describing the subjects to be discussed during the executive session and the location that the open meeting would resume.

At the conclusion of the investigation, the members of the Marshall County Board of County Commissioners signed a Consent Order admitting that they violated the KOMA. The Board members have agreed to obtain training and provide written confirmation that each commission member has obtained the required training and agrees to not engage in any future violations of the KOMA.

A copy of the Consent Order, which was signed yesterday by the attorney general, is available at http://ag.ks.gov/open-govt/enforcement-actions. Information about requirements of the KOMA and the KORA can be found at http://ag.ks.gov/open-govt.

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News releases issued prior to 2011 are available through an archive hosted by the Kansas State Library.