Over the past fifteen plus days, the Bourbon County Commission has failed the citizens it serves—not through complexity or lack of authority, but through inaction.

The Commission could not find ten minutes over the past days to convene a public meeting (in person, by phone or other means) to address year-end looming budget issues. As a result, the county now faces two or more budget violations that will be noted in official financial reviews and audit records. These violations were preventable; the consequences of these violations are somewhat unknown but were certainly unnecessary.

County commissioners are entrusted with stewardship of public funds. When statutory deadlines and fiscal safeguards are ignored—not because of emergencies, but because no open meeting time was scheduled—the cost is borne by taxpayers in the form of compliance findings, diminished public trust, and avoidable administrative consequences.  Moving to five commissioners from three would not have resolved this issue, since at least three commissioners must have been involved to have a quorum to conduct a legal open meeting.

This is not about political disagreement. It is about basic governance. Public bodies exist to act in real time when action is required. If a governing board cannot meet briefly to prevent known violations, then citizens are justified in questioning priorities and accountability.

Bourbon County residents deserve better. Transparency, diligence, and timely action are not optional duties—they are the minimum standard of public service.  I am frequently accused of making light of a problem without providing a solution; I have an easy fix for this issue. At the same time the County Clerk publishes the docket of employee holidays each year, a second list of deadline dates, due by dates for publication or any other deadline date established by State Law to be addressed by the Commission should be published. The seated Commissioners by now should know that Monday every week at 5:30pm an open meeting will be convened.  If you considering the position of County Commissioner, Mondays and any other deadline dates are reserved for County business. If you cannot conform to this schedule perhaps you are applying for the wrong job?

The another that needed addressed was the handling of Ordinance 50-25 Noise Ordinance.  Though I agree the signed Ordinance lacked some structure, a few more situations could have been better defined, but I feel there was enough statutory guidance outlined where a complaint can be presented, the Commission can consider the evidence presented, prepare a Notice of Violation and place the noise source on notice that injunctive relief can be considered and significant fines can be imposes to encourage compliance through the authority of the County Attorney and County Court.  We have some trip wires to stumble over, but nothing that cannot be overcome to reach a conclusion.  There is no such thing as perfect legislation – to this day we argue, debate and litigate the 4^th Amendment to the US Constitution which was first officially published December 15, 1791.

There are two unlawful situations that need addressed; the advice provided to the Commission, and the other one falls to inaction by the Commission.  For the County Counselor to provide advice that the Planning Commission be tasked with formulating a solution to the current noise situation in District 1, would have severely slowed the path to a solution and caused an unlawful action by the Planning Commission.  The Planning Commission by State Law is tasked with developing a comprehensive plan. A plan forward thinking, future growth planning and consider where an operation should be located legally and not be in violation of Resolution 30-25 Noise Ordinance; not the reverse.

The other serious situation is the Commission’s in action to replace the County’s Emergency Preparedness Director.  They have taken no action to understand the gravity of this person’s position in our County if the worse thing should happen. In Kansas local government, the County Emergency Preparedness Manager (often called the Emergency Manager or Emergency Management Director) is considered a key position for fulfilling statutory and operational requirements related to disasters and emergencies, even though Kansas law doesn’t use the exact phrase “key position.” Here’s how it functions in practice and under statute:

1. Counties must establish a disaster/emergency agency.
   Under Kansas law, every county is required to establish and maintain a county disaster agency [not a shared agency] responsible for emergency preparedness, planning, response, and coordination of disaster operations. That agency must prepare and keep current a disaster emergency plan approved by the Kansas Division of Emergency Management. A county must also identify the person who heads that agency and report them to the Division of Emergency Management.
2. The statutes in Chapter 48, Article 9 (Kansas Emergency Preparedness Act) set out duties for disaster agencies and local officials, and they require county-level planning and coordination. While the statute doesn’t call the manager a “key position,” it makes the function essential by law.
3. Primary coordinator of emergency functions.
   The Emergency Preparedness Manager is responsible for coordinating all components of          emergency management within the county—mitigation, preparedness, response, and                        recovery—and serves as the liaison between the county and state/federal agencies in          disaster situations. The Emergency Manager coordinates the development and                maintenance of the Local Emergency Operations Plan (LEOP), which Kansas statute             requires. This planning is not optional, it is not sharable with an adjoining county—it’s       necessary to comply with state emergency management standards and makes the     position central to legal compliance.

In many counties, the Emergency Manager may be designated to activate the Emergency Operations Center (EOC) and coordinate county resources during actual or potential emergencies. They often serve as the central coordinator for multi-agency emergency responses.

While Kansas law doesn’t label it with administrative terminology like “key position” (as might be found in corporate or personnel rules), in the context of emergency management and local governance, the County Emergency Preparedness Manager’s role is functionally critical:

• The position carries statutory responsibilities required by state law.
• The office is central to compliance with planning and preparedness standards.
• It serves as the county’s principal point of contact with state and federal emergency agencies.
• It is essential for lawful emergency declarations and operations.

The Emergency Preparedness Manager is a key operational and compliance role in Kansas county government, even if the statutes don’t label it with that exact phrase.

This is not about political disagreement, I hope. It is about basic governance. Public bodies exist to act in real time when action is required. If a governing board cannot meet briefly to prevent known violations, get good advice from well-paid counsel, and act in the best interests of safety, then citizens are justified in questioning priorities and accountability.

Bourbon County residents deserve better. Transparency, diligence, and timely action are not optional duties—they are the minimum standard of public service.

Respectfully for your consideration,

Michael J. Hoyt