Prepared from KORA documents requesting the “empirical evidence” Commissioner Tran said he had seen of “fraud, waste, and abuse,” civil court records, commission minutes, County Attorney correspondence, Attorney General correspondence, and related materials. Summaries are informational and intended to serve as an index to the actual sources of evidence and documentation. Readers should validate all summaries by clicking through and using the original sources to form opinions.
Overview
Commissioner Samuel Tran publicly stated he had “empirical evidence” of fraud, waste, and abuse in Bourbon County government. This generated significant public interest in what that evidence was and whether it would lead to prosecution. The documents in this summary are those obtained by KORA request for that evidence.
The allegations center on payroll submissions made by County Clerk Susan Walker in connection with employment contracts the BOCC had voided, and a $20,000 payment to departing Public Works Director Eric Bailey. The central factual dispute in the Bailey payment is whether HR consultant Dr. Steven Cohen verbally authorized it. In October 2025, Cohen sent a written email to Commissioner Milburn stating he had not authorized the payment and was “shocked” it had been made. However, the payroll clerk who processed the payment stated Cohen had called her directly and directed her to make it, a phone record shows a call from Cohen’s number to the payroll clerk the day before the payment, and Commissioner Motley — after independently contacting Cohen, the payroll clerk, and Bailey in February 2026 — concluded that Cohen confirmed he had approved the payout and that there was “no fraud, or intent to defraud the county.”
Bourbon County Attorney James Crux declined to prosecute in March 2026. In his letter closing the case, he noted that a number of prosecutors had reviewed the case and reached the same conclusion, and that the Attorney General’s Office had also weighed in. He gave two reasons: first, there was no way to establish based on the evidence that anything was done knowingly — the legal standard required for the alleged offenses; and second, the Attorney General’s Office pointed out that recent civil litigation between the same parties provided “ample evidence of a solid defense,” a conclusion Crux said was “strengthened even more by the recent settlement” in that case.
How to use this document: Every factual claim carries a bracketed citation such as
[TL] that links directly to the relevant page in the source documents.
Hover over any citation to see the source description. A full source key appears at the bottom.
Blue bordered blocks contain facts corroborated by multiple documents.
Yellow bordered blocks contain points where the available documents provide conflicting or one-sided accounts.
Green bordered blocks contain context or analytical observations drawn from the documentary record.
Corroborated by multiple documents
Disputed or one-sided account
Context / analytical observation
1. The Employment Contracts (2021–2022)
Susan Bancroft (who later married Shane Walker and is now Susan Walker) had been working part-time for Bourbon County while simultaneously employed by the City of Fort Scott. She eventually transitioned to working full-time for the county. She was hired as the county’s Chief Financial Officer (CFO) under a written employment contract dated November 30, 2021, with a start date of December 1, 2021.
[TL][SW][N2]On June 7, 2022, a contract was signed with Shane Walker for the position of Chief Information Officer (CIO). On June 17, 2022, a contract was signed with Eric Bailey for the position of Public Works Director. Both are documented in the county’s own timeline and in the signed agreements themselves.
[TL][CIO][S3]The CIO contract specified: an annual salary of $82,617.60; 28 days of paid vacation per year plus 20 additional days to be used by December of each year; sick leave accruing from day one; a term running through December 1, 2025 with automatic annual renewal unless either party provided 45 days’ written notice; and a lump-sum severance of 60 days’ aggregate salary plus all accrued leave if the county terminated early. The Public Works Director contract for Bailey contained comparable terms.
[CIO][S3][S3]
⚠ Disputed / Single-source
Who drafted the contracts, and why, are described differently by different witnesses.
One former commissioner told the investigating deputy that Susan Bancroft approached the BOCC and told them salaried employees needed vacation and sick accrual to comply with federal law, and that he personally believed she had drafted the other two contracts by re-writing her own and changing the names and job titles.[N1]
A second former commissioner described the primary driver as Bailey and Shane Walker expressing concerns about job security, with the BOCC agreeing to formalize their employment.[N3]
A third former official noted that complaints came mainly from other county employees who felt the contracts were unfair.[N2]
No documentary evidence of who specifically drafted the contracts has been identified in the cited records.
2. The Contracts Are Voided (January 2023)
Following the signing of the contracts, the county received ongoing complaints — primarily from other employees — about the generosity of the vacation and sick-leave accruals relative to what other staff received. This is confirmed by multiple witness interviews and is consistent across both sides’ accounts.
[N1][N2][N3]On January 23–24, 2023, the BOCC passed Resolution 06-23, which the meeting minutes describe as negating “any contract the county has with any employee at this point,” returning the three individuals to standard salaried status. This action is documented in both the commission’s KORA materials and in the meeting minutes Susan Walker quoted verbatim in her petition.
[S2][S8a][TL][MIN-0123]The contracts each required 45 days’ written notice from either party to terminate or decline renewal. No written notice of termination was provided to any of the three individuals by the county. This procedural gap — undisputed on both sides — is the foundation of Susan Walker’s subsequent lawsuit.
[CIO][S8a][CV-2]Around January 1, 2023, Susan Bancroft began running county payroll in her capacity as CFO. She was therefore responsible for payroll at the time the contracts were voided and the payout amounts calculated.
[TL][N2][N6]
On January 27, 2023, the following payouts were issued for unused vacation and sick time. The figures were calculated by Susan Bancroft herself — including her own payout — and reviewed and approved by the BOCC before payment:[TL][N3]
- Susan Bancroft (CFO): $4,917.95
- Shane Walker (CIO): $8,670.36
- Eric Bailey (Public Works Director): $7,027.37
- Total: $20,615.68
⚠ Disputed
Whether the payout amounts were correctly calculated.
Two former county officials stated that because the contracts had only been in force for approximately six months (not a full year), the accruals should have been prorated — not paid at a full year’s rate as they were.
[N5][N6]
In the cited KORA materials and Walker’s response, the calculation method is not directly explained, and no cited document indicates that the BOCC raised an objection to the methodology at the time of approval.
⚠ Disputed
Whether the individuals “agreed” to the 2023 resolution.
The county has argued in the civil litigation that all three employees accepted the January 2023 resolution and continued working under the modified terms without objection, and that this constitutes acquiescence or accord and satisfaction. Walker disputes that the resolution constituted valid notice under the contract terms or that her continued employment amounted to a waiver of her contractual rights.
[CV-16][CV-2]
3. Personnel Departures and Public Context (June–July 2025)
In June 2025, the BOCC dissolved the Bourbon County IT Department. Shane Walker (CIO) was laid off on July 9, 2025. Eric Bailey, who had served as Public Works Director since October 2020 (his employment contract was signed in June 2022, formalizing an existing role), submitted a resignation letter at the July 16, 2025 BOCC meeting, with an effective date of August 28, 2025. He attended his final commission meeting on August 4, 2025. At that meeting, Bailey addressed the commission regarding safety practices and documentation at Public Works.
[TL][SW][FSB1][FSB3]Susan Walker, at the time of Bailey’s and Shane Walker’s departures, was serving as the elected County Clerk — a different position from her prior role as CFO. She continued to be responsible for payroll processing in that role, as she had been in her prior CFO capacity.
[SW][N2]4. The Lawsuit: Filing, Service, and Default (Feb–May 2025)
This section covers the civil lawsuit Walker filed against the county and the circumstances surrounding the county’s failure to respond — which resulted in a default judgment of nearly $200,000.
On February 24, 2025, Susan Walker filed her original petition against the Bourbon County Board of County Commissioners (Case No. BB-2025-CV-000015) alleging breach of her 2021 employment contract and violations of the Kansas Wage Payment Act. She filed a First Amended Petition on February 26, 2025. Her claimed damages totaled $199,527.04, broken down as follows:[S8a][CV-2][CV-5]
- Claimed salary shortfall (difference between her CFO contract rate and her County Clerk pay): approximately $15,000/year
- Claimed additional vacation entitlement under the contract (28 days/year beyond standard)
- Four months’ (120-day) aggregate salary severance per the contract termination clause
- Statutory penalties under the Kansas Wage Payment Act
- Total sought: $199,527.04
The lawsuit was served on the county by certified mail, addressed to County Treasurer Patty Love, on February 27, 2025. The return receipt was signed by an assistant to the treasurer on March 3, 2025 — not by the treasurer herself. A certificate confirming this service is in the court record.
[CV-4]The county never filed an answer or any response to the petition. On April 3, 2025, Walker filed a motion for default judgment noting the county’s failure to respond.
[CV-5]
On May 8, 2025, District Judge Richard M. Fisher Jr. entered a default judgment of $199,527.04 plus interest in favor of Walker.
[CV-8]5. The County’s Defense: From “Improper Service” to “Computer Hack”
The county’s explanation for why it failed to respond to the lawsuit evolved significantly over the course of 2025. The full sequence is documented in the court filings.
On May 14, 2025 — six days after the default judgment was entered — the county filed a motion to set aside the judgment. The motion argued two grounds: (1) improper service, because the certified mail was signed by an assistant rather than the treasurer herself; and (2) excusable neglect by the county counselor.
[CV-10]⚠ County’s Position Later Withdrawn
The improper service argument.
The county initially argued that service was improper because the certified mail was not signed by the treasurer personally. Walker’s response, filed May 28, 2025, directly rebutted this by presenting evidence that the county had actual notice of the lawsuit from multiple independent sources before the default was entered. Specifically, Walker’s response alleged that Commissioner Wisenhunt had received a copy of the petition and that Treasurer Patty Love — whose office accepted the certified mail — was aware the lawsuit was coming before it arrived.
[CV-11]
In its reply brief filed June 11, 2025, the county
withdrew the improper service argument entirely, acknowledging that Commissioner Wisenhunt and Treasurer Love had in fact received the petition. The county’s reply explicitly conceded this point. The county instead relied solely on its excusable neglect theory: that the county counselor, Bob Johnson, had never received the petition because his computer and email had been hacked.
[CV-12]The county’s June 2025 reply detailed the following sequence regarding the alleged computer hack: On or about Monday, March 21, 2025, Bob Johnson (County Counselor) received and opened an email containing a “hack/virus” from what appeared to be another law firm. His computer subsequently became infected. His computer was physically taken to Advantage Computers in Iola, Kansas and was in their shop from approximately March 24 through March 27, 2025. During that window — March 24–27 — Johnson did not have access to his computer or email. On March 25, 2025, an email related to the case was sent to Johnson that he did not receive. Johnson states that even after recovering his computer, “we have repeatedly had issues with receiving emails, due to the storage space.”
[CV-12]
ⓘ Analytical Observations on the Default Sequence
Several aspects of the documented record warrant attention:
1. The county knew about the lawsuit before the default was entered. The county’s own June 2025 court filing acknowledges that two county officials — a commissioner and the county treasurer — received the petition. The petition was served February 27, 2025. The default was not entered until May 8, 2025 — more than two months later. The cited filings do not explain why neither Wisenhunt nor Treasurer Love took any action during that period.[CV-12]
2. The improper service argument was withdrawn after Walker presented evidence that the county had actual notice. The county’s initial motion argued technical service failure; once Walker presented evidence that multiple officials actually had the petition, the county withdrew that argument and, in the same filing, raised the computer hack as an alternative explanation. The cited filings do not reflect what prompted the change in position.[CV-10][CV-11][CV-12]
3. The computer hack timeline. The county’s June 2025 filing states Johnson’s computer was at the repair shop March 24–27, 2025, and that a March 25 email went undelivered as a result. The lawsuit was served February 27, 2025 — approximately 25 days before Johnson’s computer was taken to the repair shop. The filing does not explain why the lawsuit went unaddressed between February 27 and the default being entered on May 8, given that a commissioner and the treasurer had already received the petition.[CV-12]
4. Commissioner Wisenhunt’s resignation. The county’s June 11, 2025 reply noted in a footnote that Commissioner Wisenhunt had resigned from the BOCC. The timing of the resignation — occurring between Walker’s May 28 filing that identified him as having prior notice, and the county’s June 11 reply that acknowledged his receipt of the petition — is notable, though the record does not explicitly connect the two events.[CV-12]
6. Setting Aside the Default: The $8,000 Payment (Sep 2025)
On September 12, 2025, both parties signed an agreed journal entry setting aside the default judgment and allowing the case to proceed on the merits.
[CV-15] As part of this agreement, the county paid $8,000 to Walker as consideration, as confirmed in the county’s own January 2026 response to a Kansas Attorney General KOMA complaint.
[KR2]On October 6, 2025, the county filed its formal Answer and Affirmative Defenses, denying Walker’s claims and raising several defenses: failure of consideration; waiver and estoppel (arguing Walker accepted the modified terms without objection); violation of the Kansas Cash Basis Law (arguing the contracts bound future commissions to unbudgeted expenditures and were therefore void); and statute of limitations.
[CV-16]ⓘ Observation: The $8,000 Payment and KOMA Complaint
One of the KOMA complaints filed with the Attorney General (Complaint PP-25-000306, filed by Michael Hoyt) specifically questioned the $8,000 payment to Walker. The county’s January 2026 KOMA response confirms the payment was made “as consideration for an agreement to set aside a default judgment” and characterizes it as a legally authorized settlement expenditure.
[KR2]
7. The Separation Payout Requests and Walker’s Emails (July 2025)
On July 14, 2025, Susan Walker — acting in her capacity as County Clerk — submitted payout calculations to payroll staff for forwarding to the BOCC. She submitted three separate calculations, all labeled “per contract.” Notably, July 14 is also the date on which Bailey’s assistant, Dustin Hall, submitted his own resignation letter; later public reporting states he rescinded that resignation and remained employed by the county.
[FSB1][FSB3][TL][N4]
The email chain documents the following submissions:
- Shane Walker payout, email 1 (8:40 AM, July 14): $72,100.58, calculated “per contract”
- Shane Walker payout, email 2 (approx. 3:10 PM, July 14): $65,056.69 — a revised figure. Walker’s explanation was that she had recalculated using a 1-day-per-month sick accrual rate because the employee handbook was inconsistent between pages 40 and 41.
- Eric Bailey payout (July 15): $35,338.56, sent by Walker directly to HR consultant Dr. Steven Cohen with a copy to Commissioner David Beerbower, also labeled “per contract.”
These email records are included in Walker’s March 2026 commission response.[SW]
The BOCC rejected all three payout requests. A recorded phone call between Commissioner Milburn and the deputy payroll clerk captures Milburn explicitly rejecting the Shane Walker payout in real time: “There is no contract. There are no contracts. So whatever Susan sent, that’s a no.”
[CALL][N4]⚠ Disputed
Whether submitting these requests constituted false claims under Kansas law.
The commission and the investigating deputy characterize the July 14 submissions as knowingly false claims, because the contracts had been voided by Resolution 06-23 in January 2023.
[N5][S1]
Walker’s position is that the county never provided proper 45-day written termination notice under the contracts, and therefore the contracts remained legally valid and her submissions were consistent with her simultaneously pending civil lawsuit. She further notes that her July 14 emails to the payroll clerk were expressly forwarded to the Bourbon County Commissioners for approval — she was not attempting to secretly divert funds.
[SW][CV-2]
ⓘ Observation: Simultaneous Civil Lawsuit
Walker had filed her civil lawsuit in February 2025 — five months before the July 2025 payout requests. The lawsuit itself was premised on the argument that the contracts remained valid. It is difficult to characterize the July payout submissions, made while active litigation on the same question was pending, as “knowingly false” if Walker genuinely believed (and was actively arguing in court) that the contracts were still in force. The criminal knowledge question is what County Attorney Crux later identified as the central obstacle to prosecution. See Section 12.
8. Shane Walker’s Final Paycheck Overpayment
Shane Walker’s final regular paycheck contained an overpayment. Both sides agree the overpayment occurred and that the excess amount was subsequently returned.
[TL][SW]⚠ Disputed
The amount and cause of the overpayment differ by account.
The commission states the overpayment was approximately $1,000, representing 23.47 hours at $42.60/hour, caused by his last day of employment being misreported. The commission further states that Susan Walker was present at the courthouse when Shane cleared out his office on July 9, and therefore knew his actual last day — implying she intentionally submitted incorrect end-date information.
[TL][S1]
Walker’s response states the overpayment was $681.60, representing pay for five days instead of three, that it was a payroll clerk error (not Walker’s), and that it was corrected once the clerk was made aware on July 29, 2025. Walker also notes the commission received advance notice of the payroll register before it was processed and raised no objection at that time.
[SW]
9. The Eric Bailey $20,000 Separation Payment
This is the most directly contested sequence of events in the record, with contemporaneous documentation on both sides that is difficult to reconcile. Notably, a sitting county commissioner has concluded there was no fraud in the transaction.
Following Bailey’s resignation, the BOCC entered into negotiations for a severance package through HR consultant Dr. Steven Cohen. A formal written separation agreement was drafted for Bailey to sign. As of the October 2025 investigation, Bailey had not signed the agreement.
[N4][S5]On September 3, 2025, a preliminary payroll register that included a $20,000 line item for Bailey was sent to all three county commissioners and to County Counselor Bob Johnson for their review. On September 5, 2025, Bailey received a $20,000 payment from the county payroll.
[SW][S6]On September 8, 2025, the BOCC considered and approved the payroll consent agenda at its regular meeting. The $20,000 Bailey payment was included in that agenda. The minutes reflect no objection or discussion regarding the Bailey line item at that meeting.
[SW][MIN-0908]
⚠ Directly Conflicting Accounts
Whether the payment was authorized is the central dispute.
The commission’s account: No severance agreement had been executed and no BOCC authority had been given to release payment. On October 16, 2025, Dr. Cohen sent a written email to Commissioner Milburn stating he “did not authorize, verbally or in writing, the Clerk’s office to pay [Bailey] any amount of money” and that he was “shocked to learn that the Clerk’s Office made the payment without authorization.”[S5][N4]
Walker’s account: On September 4, 2025 at 11:07 AM, Dr. Cohen called the payroll clerk on her personal cell phone and verbally directed her to pay Bailey $20,000 on the September 5 paycheck. A screenshot showing an incoming call from Cohen’s number at that time is included in Walker’s response. The preliminary payroll register disclosing the payment had been sent to all commissioners and the county counselor two days earlier (September 3) with no objections.[SW]
Commissioner Motley’s independent review: Commissioner Gregg Motley (elected to the District 4 seat, sworn in January 12, 2026 — see Section 11) wrote a memo dated February 13–18, 2026 stating he independently contacted Bailey, the payroll clerk, and Dr. Cohen. He writes that Cohen “affirmed her recollection and confirmed to me that he had approved the payout.” His conclusion: “there was no fraud, or intent to defraud the county inherent in the transaction.”[SW]
The record thus includes: Dr. Cohen’s October 2025 written statement denying authorization; a phone record showing a call from his number to the payroll clerk the day before the payment; and a sitting commissioner’s February 2026 account that Cohen confirmed authorization to him directly. These documents are unresolved.[S5][SW]
ⓘ Observation: The Cohen Contradiction
Dr. Cohen’s statements directly contradict each other across time. In October 2025, he told Commissioner Milburn in writing that he was “shocked” by the unauthorized payment. By February 2026, when Commissioner Motley independently contacted him, Cohen reportedly confirmed to Motley that he had approved the payout to the payroll clerk by phone. No explanation for this discrepancy appears in the available documents reviewed here. Cohen is not a county employee, and no further documentation from him appears in the available record reviewed here. The inconsistency between his two statements is one of the most significant unresolved factual questions in the entire matter.
10. Payroll access given to Treasurer; KOMA Complaints (Oct–Dec 2025)
On October 7, 2025, the BOCC held an emergency special meeting and voted to give access to payroll to the County Treasurer’s office. This decision followed the BOCC’s discovery of the $20,000 Bailey payment and the submission of the contract payout requests.
[KR1][SW][MIN-1007]⚠ Disputed
Whether the October 7 meeting and related closed sessions complied with the Kansas Open Meetings Act (KOMA).
Between approximately October and December 2025, Susan Walker and others filed nine separate KOMA complaints against the county with the Kansas Attorney General’s office. The complaints concerned: the October 7 emergency meeting itself; various executive sessions held in connection with the Bailey payment dispute and the criminal investigation; and the $8,000 payment to Walker for the default judgment agreement.
[KR1][KR2]
The county’s attorneys responded to all nine KOMA complaints on behalf of the BOCC, asserting that no violations occurred and that all closed sessions were proper under Kansas law. The county’s January 2026 KOMA response also noted that the nine complaints over two months, all filed by parties with “common links,” appeared to be part of an ongoing litigation strategy rather than good-faith open government concerns.
[KR2]
Walker’s response characterizes the commission’s transfer of payroll and related actions as retaliatory and outside their authority.
[SW]Separately, both Susan Walker and Shane Walker each have two pending EEOC complaints against the county, referenced in the county’s November 2025 KOMA response as additional context for the dispute.
[KR1]11. Personnel Changes on the BOCC (2025–2026)
The BOCC experienced substantial turnover during this period through a combination of resignations, appointments, and elections. District 3 Commissioner Leroy Kruger resigned on March 17, 2025 — approximately 18 days after Walker’s lawsuit was served on the county — citing personal reasons. Commissioner Mika Milburn-Kee was appointed to fill that seat.
[FSB4][FSB10]
Commissioner Wisenhunt subsequently resigned. His resignation is noted in the county’s June 2025 court filing, which also disclosed that he had received Walker’s petition before the default was entered; the filing does not state a reason for his departure.
[CV-12]
Samuel Tran was selected at a Republican Party convention in June 2025 and appointed to fill the District 1 vacancy created by Wisenhunt’s departure.
[FSB11][FSB9]At the start of 2026, Bourbon County expanded its commission from three to five members. Seats were filled through the November 2025 election. Gregg Motley ran for and won the District 4 seat. Commissioner Milburn ran for and won the District 5 seat in the newly structured commission, returning to the board as an elected commissioner. At the January 12, 2026 meeting, she formally resigned her appointed District 3 seat immediately before taking the oath of office for District 5, which County Clerk Susan Walker administered. That resignation created a new District 3 vacancy; Joe Allen, who attended the January 12 meeting as a member of the public, was subsequently appointed to fill it.
[MIN-0112][FSB7][FSB8]
Prior to running, Motley had announced his candidacy in a letter to the editor, stating his priorities included rebuilding trust in county government, detailed budget reviews, and improving HR routines. He is a retired banker with a background in accounting and economics.
[FSB6]ⓘ Observation: Motley’s “No Fraud” Memo
Approximately five weeks after taking office, Motley wrote the memo concluding there was “no fraud” in the Bailey payment (see Section 9). Deputy Murphy’s investigation had recommended charges in connection with that same payment. The memo was submitted by Walker as part of her March 2026 commission response. Motley had run for office on a platform that included rebuilding trust in county government.
[SW][N5][FSB6]
12. Criminal Investigation and County Attorney’s Decision Not to Prosecute
The criminal investigation was conducted by Deputy Bryan J. Murphy of the Bourbon County Sheriff’s Office, assigned to the case by Sheriff Martin. The investigation was initiated based on the BOCC’s complaint regarding the payroll submissions and the Bailey payment. During October–November 2025, Deputy Murphy interviewed multiple witnesses, including former commissioners, former county employees, and Commissioner Milburn. The KORA documents released by the county consist primarily of Deputy Murphy’s written investigation narratives and the supporting materials he gathered. At the conclusion of his investigation, Deputy Murphy recommended charges against Susan Walker under three Kansas statutes: presenting a false claim (KSA 21-6004), official misconduct (KSA 21-6002), and misuse of public funds (KSA 21-6005).
[N5][N6]
The specific accusations underlying the charges were:
- Presenting a false claim (KSA 21-6004) — the “per contract” payout calculations: On July 14–15, 2025, Walker calculated severance and accrued-leave payouts for Shane Walker and Eric Bailey under the voided 2021–2022 contracts, all labeled “per contract.” (Walker was pursuing her own compensation claims through the civil lawsuit she had filed in February 2025, not through a payroll submission.) The Shane Walker calculations were emailed to the deputy payroll clerk, who forwarded them to Dr. Cohen, Commissioner Beerbower, Commissioner Milburn, and Commissioner Tran for approval. The Bailey calculation was emailed by Walker directly to Dr. Cohen, with a copy to Commissioner Beerbower. The BOCC rejected both. The BOCC’s position was that the contracts had been voided by Resolution 06-23 in January 2023, making the submitted figures false claims.
- Official misconduct (KSA 21-6002(a)-6) — Shane Walker’s final regular paycheck: This is separate from the “per contract” calculations above. Shane Walker’s ordinary final paycheck covering his regular hours went through normal payroll and was approved by the commissioners as part of routine accounts payable. The commission alleged, however, that the paycheck was inflated by approximately $1,000 (23.47 hours at $42.60/hour) because Walker submitted an incorrect end date for his final day of work — and that Walker, who was present when Shane Walker cleared out his office, knew his actual last day. The overpayment was discovered July 28 and subsequently returned.
- Misuse of public funds (KSA 21-6005) — the $20,000 Bailey payment: On September 5, 2025, a $20,000 payment was processed through county payroll to Bailey. The BOCC’s position was that no severance agreement had been signed and no authorization had been given to release the funds. Dr. Cohen wrote to Commissioner Milburn on October 16, 2025, stating he had not authorized any payment and was “shocked” the Clerk’s Office made it.[N5][S1]
Walker’s position on each: the contracts were still legally valid because no proper 45-day written notice was ever given; the payout calculations were openly submitted for BOCC approval, not hidden; the Bailey payment was verbally authorized by Dr. Cohen before it was processed; and the Shane Walker paycheck discrepancy was a payroll clerk error rather than an intentional submission by Walker. Her civil lawsuit, filed five months before the payout calculations, was premised on the same argument that the contracts remained in force.[SW][CV-2]
On March 2, 2026, James Crux, Bourbon County Attorney, issued a written letter to Sheriff Martin declining to pursue Case 26-0041BB. Crux noted that a number of prosecutors had reviewed the underlying facts and reached the same conclusion, and that the Attorney General’s Office had also weighed in. He identified two independent grounds for declination.
[CA]Ground 1 — Cannot establish knowing intent. Crux wrote that “there does not appear to be any way, based upon the evidence at hand, to establish that the allegations were committed knowingly.” The statutes under which Deputy Murphy recommended charges — presenting a false claim, official misconduct, and misuse of public funds — each require the prosecution to prove the defendant acted
knowingly, not merely that an improper payment occurred. Even if the county’s factual account were accepted, a prosecutor would still have to prove Walker knew the submissions were false at the time she made them. Walker had filed a civil lawsuit five months before the payout requests arguing that the same contracts were still legally valid, which could be read as supporting Crux’s concern about proving she acted knowingly when she submitted them.
[CA][N5]
Ground 2 — Crux cited the civil litigation as evidence of a solid defense. Crux wrote that “as the Attorney General’s Office pointed out, recent civil litigation provides ample evidence of a solid defense.” This appears to be a separate argument: the civil case was not just related background, but involved the same county, contracts, and payments. The conduct of that litigation, and its outcome, can be read as supporting Crux’s view that Walker had at least one substantial defense to the accusations, independent of the intent question. Crux added that the civil settlement “strengthened even more” the case for declination, which suggests the settlement further reinforced, in his view, the basis for not prosecuting.
[CA]
ⓘ Observation: Two Independent Bars to Prosecution
These appear to be distinct obstacles, not restatements of the same one. The first — inability to prove knowing intent — suggests a prosecution would have faced a substantial mens rea problem. The second — the civil litigation showing a solid defense — can be read as indicating that prosecutors also saw at least one substantial defense arising from the civil dispute. Together, they reflect Crux’s stated rationale, which he said was shared by the AG’s Office and multiple other prosecutors, for concluding the case should not be pursued.
Notably, Crux issued the declination before Walker delivered her formal commission response. His decision was issued March 2, 2026 — two weeks before Walker delivered her formal commission response on March 16. The phone records showing a call from Cohen to the payroll clerk, the September 3 payroll register that had been sent to all commissioners before the payment was made, and Commissioner Motley’s “no fraud” memo were all submitted after Crux had already closed the case. The public record reviewed here does not show that those later-submitted materials were before Crux when he made the declination decision.[SW][CA]
13. Settlement, Closing of the Criminal Case, and Subsequent Developments (Feb–Mar 2026)
On February 26, 2026, both parties in Case BB-2025-CV-000015 filed a joint motion with the court stating they “have reached a settlement agreement and are waiting for the checks to arrive,” and requesting a 30-day continuance of the case management conference. The terms of the settlement are not in the public record and have not been disclosed by either party.
[CV-21]On March 16, 2026 — approximately three weeks after the settlement filing, and approximately two weeks after the county attorney closed the criminal case — Susan Walker delivered a formal written response to the BOCC. The response includes her timeline of events, Commissioner Motley’s “no fraud” memo, email records including the September 3 payroll register sent to all commissioners, phone records showing a call from Cohen to the payroll clerk, and related documentation.
[SW]ⓘ Observation: Sequence of Closing Events
The settlement was reached February 26, 2026. The county attorney closed the criminal case March 2, 2026. Walker delivered her commission response March 16, 2026.
[CV-21][CA][SW]
In the weeks following these events, the BOCC voted 3–2 to seek an independent forensic audit of county finances, prompted by citizens raising allegations of “waste, fraud and abuse” at commission meetings. Commissioners Motley, Tran, and Allen voted in favor; Commissioners Milburn-Kee and Beerbower voted against. Commissioner Tran identified the following areas for the audit to address: payroll and timekeeping irregularities, cash receipts and disbursement irregularities, whistleblower allegations, and grant compliance concerns.
[FSB5]ⓘ Observation: The Audit Vote Split
The three commissioners who voted for the forensic audit include Motley, who had already concluded “no fraud” in the Bailey payment, and Tran, who cited “empirical evidence” as his basis. Whether the audit will address the same transactions at the center of the Walker dispute, or different county financial matters raised by citizens, is not specified in the available reports.
ⓘ Summary of Key Unresolved Inconsistencies
The following conflicts in the documentary record reviewed here remain unresolved:
1. The Cohen authorization question: Dr. Cohen denied authorization in writing in October 2025, but confirmed authorization verbally to Commissioner Motley in February 2026. This question matters because the authorization question is effectively the entire basis for why payroll sent the payment: the payroll clerk’s account is that Cohen called her directly and directed the payment. If true, the payment was authorized; if false, it was not. Deputy Murphy’s investigation included interviews with commissioners and former officials, but the available investigation narratives reviewed here do not reflect an interview with the payroll clerk herself — the person who received the alleged call and processed the payment. Motley’s independent review, by contrast, included a direct conversation with the payroll clerk, who affirmed Cohen had called her. No explanation for the discrepancy between Cohen’s October 2025 written denial and his February 2026 verbal confirmation to Motley appears in the available record reviewed here.
2. The county’s knowledge of the lawsuit: The county acknowledged in June 2025 that a commissioner and the treasurer had the petition from late February 2025, yet no action was taken for over two months. The cited filings do not provide an explanation for this inaction.[CV-12]
3. The computer hack timeline: The county’s June 2025 filing states Johnson’s computer was at the repair shop March 24–27, which it says caused a March 25 email to go undelivered. The lawsuit was served February 27 — approximately 25 days before Johnson’s computer was taken in — and a commissioner and the treasurer had both received the petition. The filing does not address why no response was filed during the period before the hack.[CV-12]
Sources
All links below open the referenced document. Links marked “compiled PDF p.X” open to a specific page in the combined KORA document. All files are in the County Accusations folder on your computer.
Investigation Documents (in Compiled PDF)
[N1]
Investigation Narrative 1
— compiled PDF p.9
Deputy Murphy’s interview with a former BOCC commissioner (redacted name), November 1, 2025.
[N2]
Investigation Narrative 2
— compiled PDF p.10
Deputy Murphy’s interview with a former County Clerk (redacted name), November 1, 2025.
[N3]
Investigation Narrative 3
— compiled PDF p.12
Deputy Murphy’s interview with a second former BOCC commissioner (redacted name), October 31, 2025.
[N4]
Investigation Narrative 4
— compiled PDF p.13
Deputy Murphy’s interview with Commissioner Mika Milburn-Kee, November 1, 2025.
[N5]
Investigation Narrative 5
— compiled PDF p.15
Deputy Murphy’s concluding narrative summarizing interviews and recommending criminal charges.
[N6]
Investigation Narrative 6
— compiled PDF p.20
Deputy Murphy’s interview with a former county official (redacted name), November 1, 2025.
[CALL]
Transcription of Phone Call
— compiled PDF p.21
Transcribed recording of conversation between Commissioner Milburn and a deputy payroll clerk regarding the Shane Walker payout request.
Commissioner Documents (in Compiled PDF)
[S2]
Commissioner Documents – Section 2
— compiled PDF p.42
Resolution 06-23 (January 2023) defining employment status of exempt employees; the resolution that voided the contracts.
[S3]
Commissioner Documents – Section 3
— compiled PDF p.39
Eric Bailey’s Public Works Director employment agreement (June 17, 2022), including leave and termination terms.
[S5]
Commissioner Documents – Section 5
— compiled PDF p.79
Dr. Cohen’s email of October 16, 2025 to Commissioner Milburn denying authorization, and phone call screenshots.
[S8a]
Commissioner Documents – Section 8a
— compiled PDF p.147
Walker’s original petition in Case BB-2025-CV-000015, including quoted January 2023 BOCC meeting minutes and Walker’s allegation that the county did not provide the required 45-day written notice.
Susan Walker Documents (in Compiled PDF)
[SW]
Susan Walker – Commission Response, March 16, 2026
— compiled PDF p.163
Walker’s formal written response to the BOCC (~80 pages), including her timeline, Commissioner Motley’s “no fraud” memo, payroll registers sent to all commissioners, email records, and phone call screenshots.
[CIO]
CIO Employment Agreement
— compiled PDF p.243
Signed employment contract for Shane Walker as Chief Information Officer (June 7, 2022), including full terms on salary, vacation, sick leave, termination, and severance.
Civil Court Record – Walker v. Board of County Commissioners (BB-2025-CV-000015)
Files in the walker-vs-bbco-civil-docket folder.
[CV-2]
First Amended Petition — Feb 26, 2025
Walker’s formal breach of contract claims, including the 45-day notice argument, quoted meeting minutes, and $199,527.04 damages calculation.
[CV-4]
Return of Service — Mar 6, 2025
Certificate showing certified mail delivery signed by treasurer’s assistant on March 3, 2025.
[CV-5]
Motion for Default Judgment — Apr 3, 2025
Walker’s motion noting the county’s failure to respond and detailing the $199,527.04 claim.
[CV-16]
Defendant’s Answer and Affirmative Defenses — Oct 6, 2025
County’s formal denial of Walker’s claims; raises affirmative defenses including waiver and estoppel, Kansas Cash Basis Law, failure of consideration, and statute of limitations.
Kansas Attorney General KOMA Responses
Files in the koma-violations folder.
[KR1]
County KOMA Response to AG — Nov 24, 2025
County’s attorneys respond to KOMA complaints PP-25-000258, 000268, 000270, and 000277 concerning the October 7 emergency meeting and related email communications.
[KR2]
County KOMA Response to AG — Jan 9, 2026
County’s attorneys respond to KOMA complaints PP-25-000306, 000355, 000357, 000358, and 000359 concerning the $8,000 payment to Walker and the longevity pay dispute; confirms the $8,000 was paid “as consideration for an agreement to set aside a default judgment.”
Other Documents
[CA]
County Attorney Declination Letter — March 2, 2026
Letter from James Crux, Bourbon County Attorney, RE: Case 26-0041BB, declining to prosecute — citing inability to prove the allegations were “committed knowingly” and the civil settlement as providing “ample evidence of a solid defense.”
[MIN-0112]
Commission Minutes – January 12, 2026
Meeting at which new commissioners were sworn in following the county’s expansion from a three- to five-member commission. Gregg Motley (District 4), Milburn-Kee, and Joe Allen joined the expanded board.
Document prepared March 2026 • Sources include commission minutes, civil court record filings, county attorney’s decision to close the case, and AG KOMA responses • Source files are hosted on fortscott.biz
![[CA]](https://fortscott.biz/wp-content/uploads/2026/03/commission-investigation-files/other-documents/2026-03-02-bourbon-county-attorney-declination-letter.jpeg){kind=link}