TOPEKA – (September 15, 2016) – Kansas Attorney General Derek Schmidt today announced a settlement with the Leavenworth County Commission to resolve a violation of the Kansas Open Meetings Act (KOMA).
In April, the attorney general’s office received two complaints from a Leavenworth County resident that the Leavenworth County Commission violated the KOMA by taking binding actions in executive sessions. The alleged binding actions involved the termination of a county employee and directing the county counselor to effect a settlement agreement with a second county employee. Upon investigation, the attorney general’s office determined that the county commission violated the KOMA by making these binding decisions in executive sessions. The investigation also revealed technical violations of the KOMA in the incomplete wording of motions to enter executive session and in limiting the discussion during executive session to those subjects identified in the motion.
At the conclusion of the investigation, the attorney general’s office decided to seek voluntary compliance because of the commissioners’ cooperation with the investigation and remedial actions taken by the commissioners during the course of the investigation. The commissioners were ordered in the consent order to complete training on the KOMA, but the attorney general’s office determined not to impose civil penalties.
A copy of the Consent Order 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 .