The Bourbon County Commission met Monday, June 29, 2026, with a Public Works budget work session scheduled to follow. With out-of-town guests waiting and the work session ahead, the board trimmed its agenda at the top — tabling several items, including the Jarred Gilmore Phillips audit engagement, an American flag purchase, a resolution-adoption procedure, Resolution 25-26 on canceling warrant checks, and Heartland business-license billing — and added an economic-development update, a Chamber of Commerce item, and an executive session for non-elected personnel.

Comprehensive plan: firm in place, funding unresolved

Planning Commission representative Brian Ashworth presented the “best and final” offer from Confluence, the firm the board selected on June 15 to write the county’s comprehensive plan and zoning code. Confluence lowered its price from $152,000 to $116,500 by combining the end of the planning phase with the start of zoning, trimming public-engagement sessions, and removing outside legal-review fees (items that can be added back later by change order).

The commission did not sign the agreement, opting first to settle how to pay for it. Chairman Samuel Tran favored signing immediately, noting the contract can be terminated at any time with the county paying only for work already done: “I say, let me sign it just so we can get the wheel moving, because in the end we can cancel if we haven’t done anything, right?” Commissioner Gregg Motley pushed back: “I would prefer to know how we’re going to pay for it first.”

The commission voted to add a resolution for payment after the public comments portion of the meeting.

With the county’s financial advisers from Baker Tilly at the table, commissioners weighed several funding sources for the project, which is not in the current budget:

• Inmate-reimbursement fees — Commissioner Mika Milburn-Kee believed about $150,000 was available, but Baker Tilly’s Ben Hart corrected the figure to roughly $50,000 and advised against using it, because the fund reimburses the sheriff’s inmate-housing costs (about $320,000 a year) and helps keep that office under budget.
• FEMA funds — Commissioner David Beerbower said about $600,000 is available but should go to Public Works.
• Solar-agreement money — Beerbower asked outside counsel to report on possible funds tied to the Tennyson Creek and Hinton Creek solar agreements.
• Year-end budget savings — Hart suggested pooling unspent money from across departments (unfilled positions, unbought commodities) as a one-time source.

Commissioner Joe Allen said, “I don’t want to touch the sheriff’s funds. I really think that FEMA money should go back to Public Works also.”  He expressed the need to be creative in finding the funding.

Motley agreed with Allen and Beerbower about not touching the sheriff’s money or the FEMA money. He also mentioned that situations like this are why it’s important for the county to carry cash reserves.

Tran asked the advisers to “please, find us the money somewhere.” He expressed concern that the money be found and encumbered  so that it cannot be spent elsewhere. Hart agreed that has been the county’s history. He also applauded a funding resolution as a step that puts everyone on the same page.

Baker Tilly is expected to bring year-to-date figures and a forecast back to the board at its next meeting, and Beerbower expects an update on the solar money from outside counsel.

Accounts payable, financials and minutes

The commission approved both accounts-payable batches — $83,374.82 (June 18) and $453,809.91 (June 26) — but pulled a single postage line of about $3,011 pending an explanation and invoice, after Milburn-Kee questioned why a “postage overage” charge was being billed to the courthouse general fund rather than a department budget. The board also approved the May 2026 financials and the minutes for the June 15, May 11 (revised) and April 13 (revised) meetings.

Public comments

Al Neese updated the board on a local museum group’s plans for the downtown depot and its interest in the Moody building, announcing the group had been gifted a “Katie Caboose” from Houston that morning, with the pad poured and track work expected soon.

Don Tucker, along with Jennifer Simhiser, live-in manager at Redemption House, asked the county to use Opioid Settlement Fund money to replace the Redemption House roof, which has a hole causing water damage; three companies recommended full replacement. The lowest bid they got for a new roof is $24,000. The roof has been patched, but it is 30 years old and cannot withstand more patching.

Commissioners were unsure how much opioid money remained after an earlier transportation expense and questioned whether the bid covered needed roof decking. A motion by Beerbower to fund the roof did not carry, but Tran said they would add it to the next week’s agenda, when they have “the hard numbers” to work with to determine how much money is available in the opioid fund to help with the need.

Juvenile detention

Commissioner Allen reported on a Southeast Kansas juvenile-detention meeting, where the recommendation was to stay one more year with the facility in Girard and recruit other counties to share costs, while Sheriff Bill Martin favors switching to a pay-as-you-go arrangement with Johnson County. With a contract deadline of July 1, commissioners were split between staying with Girard, and moving to a pay-as-you-go arrangement with Johnson County.

Motley agreed with Allen’s recommendation. Beerbower agreed with the sheriff’s recommendation. Milburn-Kee asked that Allen “get out there and talk to other counties and do some recruiting” to get them to join in membership with the Girard facility, bringing the costs down for Bourbon County.

Beerbower said that by following the suggestions of waiting a year, the commission is continuing the pattern of kicking the can down the road and not dealing with the issue. “We’re paying for something that we’re not getting the value of our money for,” he said.

A representative from the sheriff’s office said they need to terminate the contract to save money: “Based on what I know from the sheriff being there, we do not want that contract.”

Tran expressed his opinion of NGOs (Non-Governmental Organizations), saying they often raise prices and reduce what they deliver over time. He said that if the county doesn’t terminate the agreement with the juvenile facility at Girard, it will be obligated to them for 2027, as well as the rest of 2026. He suggested banking the money that may be needed to send juveniles to Johnson County, rather than, “to pay for a buffet that you’re not eating from…to me it’s a no-brainer that we should go ahead and pull out of that and use our money the way we want to use it and not be stuck to something that really doesn’t fit our needs.”

Tran moved to notify Southeast Kansas that the county would not continue, Beerbower seconded. Milburn-Kee suggested it was a gamble to forfeit the county’s position at the Girard facility.

Tran called for a vote. The motion did not carry. Beerbower and Tran voted for it, but Allen, Milburn-Kee, and Motley voted against, so the county’s membership at Girard will continue at least until summer of 2027.

Other action

• Chamber of Commerce — the commission approved renewing its Chamber of Commerce membership for another year.
• Jayhawk bridge — the board signed a previously approved engineering contract for the Jayhawk Road bridge (which requires a geological study before fall construction), recommending PEC for the work.
• Executive sessions — the commission held two closed sessions on the performance of non-elected personnel under K.S.A. 75-4319(b)(1) and reported no action out of either.

Looking ahead

Future agenda items include the Redemption House roof, an update from outside counsel on solar money, a discussion of commissioner job descriptions, and the budget. A Public Works budget work session followed the meeting; among the items discussed was a requested $75,068 increase to the landfill budget tied to staffing, fuel and disposal costs. Baker Tilly recommended the board adopt the authority to exceed the revenue-neutral tax rate at an upcoming meeting (a cap, not a commitment), with a second-quarter forecast expected later in July. Current figures for revenue neutral would lower the mill.

Agenda: Agenda summary for the June 29, 2026 meeting (full agenda packet PDF).

Bourbon County Sheriff’s Office Daily Report – June 30, 2026

Arrested

Nuss, Theron Joseph (Age 45) — Arrested 6/29/2026 11:54 AM by Bourbon County Sheriff’s Office. Charges: Possess Opiates/Opium/Narc Drug and Certain Stim, Use/Poss Drug Paraphernalia/Human Body. Bond: $0.00 No Bond.

Released

Burns, Randy Dale — Released 6/29/2026 9:55 AM via Transferred Out (Douglas County).

Guffin, Augaio — Released 6/29/2026 10:29 AM via Own Recognizance (Self).

Hogan, Sean Charles — Released 6/29/2026 10:39 AM via Surety Bond (Self).

Long, Robert Franklin — Released 6/29/2026 10:55 AM via Surety Bond (Self).

Total Inmates Released: 4

Documents:

• 6-30-26_A.pdf
• 6-30-26_R.pdf

On June 29, the three members of the committee seeking to recall Bourbon County Clerk Susan Walker filed a reply urging the judge to let them rejoin the lawsuit they had previously been dismissed from, so they can defend the petition they started. The lawsuit is one Walker brought to block the recall.

The filing (from Kyle R. Parks, Kevin Wagner, and Lyle K. Owenby, represented by Wichita attorney Patrick B. Hughes) answers Walker’s objection to their request to “intervene,” or formally join the case. Their core argument: Walker’s own response “confirms, rather than defeats, the basis for intervention.”

The members’ filing makes several points:

• They are joining as individuals, not as a “recall committee,” so Walker’s argument that a committee cannot sue or be sued does not apply. Walker, they note, concedes that “as individuals, they have that capacity.”
• Even though Walker’s amended lawsuit no longer names them, it still asks the court to declare their petition invalid and to block any recall election — which, as a practical matter, affects them under K.S.A. 60-224, the state law on joining a lawsuit.
• As the people who signed and filed the petition, they have a specific interest “no other Bourbon County resident” shares — a role K.S.A. 25-4322 assigns to the recall committee.
• County Attorney James Crux, the official Walker sued, cannot stand in for them, because he cannot raise their own free-speech and petition defense under the Kansas Public Speech Protection Act (K.S.A. 60-5320).

As a practical matter, the fact that they are no longer a party to the lawsuit prevents the committee members from trying to get Walker to pay for their legal fees, something they had previously requested. The anti-SLAPP fee provision (K.S.A. 60-5320(g)) they invoked would require them to be a party to the lawsuit from which they were dismissed on May 29.

The judge has not ruled on the request to rejoin or on the petition’s validity. The case is in its scheduling stage, and organizers have until July 26 to gather the roughly 2,374 signatures required to put the recall on a ballot.

Being named in a lawsuit is not a finding of wrongdoing, and the filings described here reflect each party’s arguments, not the court’s conclusions. FortScott.biz will continue to follow the case.

Timeline and documents

For readers who want the fuller history, here are the key filings and our prior coverage, in order:

• May 22, 2026 — Walker sues County Attorney Crux and the three committee members. (Our story)
• May 28, 2026 — Walker narrows the suit and drops the committee members. (Our story · amended petition)
• May 29, 2026 — The committee is dismissed; member Wagner fights back. (Our story)
• June 9, 2026 — The three members move to intervene and seek to dismiss the suit. (Our story)
• June 18, 2026 — County Attorney Crux consents to the members joining.
• June 23, 2026 — Crux files his answer and a motion for judgment on the pleadings; Walker opposes the members joining.
• June 29, 2026 — The committee files its reply in support of joining the case. (newest filing)

Background: the recall petition and the clerk’s public statement on the recall.

Read the newest filing: Kyle R. Parks, Kevin Wagner and Lyle K. Owenby’s Reply in Support of Motion to Intervene (PDF), filed June 29, 2026 in Bourbon County District Court, Case No. BB-2026-CV-000048.

Bourbon County Commission Meeting Agenda Outline

Agenda 06.29.26

• Meeting Date & Time: June 29, 2026, at 5:30 PM (Page 1)

• Location: 210 S National Avenue, Fort Scott, KS 66701 (Page 1)

Agenda Items

1. Call Meeting to Order (Page 1)

2. Pledge of Allegiance (Page 1)

3. Prayer – Commissioner Motley (Page 1)

4. Introductions (Page 1)

5. Approval of Agenda (Page 1)

6. Approval of Minutes (Page 1)

   • a. June 15, 2026 (Page 1)

   • b. May 11, 2026 (Revised) (Page 1)

   • c. April 13, 2026 (Revised) (Page 1)

7. Approval of Accounts Payable (06/18/26): $83,374.82 (Page 1)

8. Approval of Accounts Payable (06/26/26): $453,809.91 (Page 1)

9. Approval of May 2026 Financials (Page 1)

10. Special Appearances (Page 1)

11. Public Comments (Page 1)

12. Department Updates (Page 1)

13. Old Business (Page 1)

    • a. Jarred Gilmore Phillips 2026 Audit Engagement (Page 1)

    • b. SEK Juvenile Detention Center Discussion (Page 1)

    • c. American Flag Purchase (Page 1)

    • d. Procedures for Adopting Resolutions (Page 1)

14. New Business (Page 1)

    • a. Statement/Discussion – Commissioner Allen (Page 1)

    • b. Fund Resolution – Commissioner Milburn (Page 1)

    • c. Resolution 25-26: Cancellation of Warrant Checks – Walker (Page 1)

    • d. Heartland Business Licenses Annual Billing (Page 1)

15. Future Agenda Topics (Page 1)

16. Commission Comments (Page 1)

17. Adjournment (Page 1)

Note: A public works budget work session will take place immediately following the commission meeting. (Page 1)

Detailed Summary of Information Packet

1. Past Meeting Minutes Summaries

June 15, 2026 Meeting Minutes

• Attendance & Logistics: Chaired by Samuel Tran. Commissioners David Beerbower, Joe Allen, Gregg Motley, and Mike Milburn-Kee were present alongside County Clerk Susan Walker. (Page 1)

• Agenda Modifications: The agenda was rearranged to address time-sensitive items, adding KDWP to Special Appearances, a Hidden Valley Road item, and removing an MOU Grant discussion. (Page 1-2)

• Accounts Payable & Payroll: Approved batches for June 5 ($184,461.59, withholding two disputed vendor checks) and June 12 ($833,269.76). Supplemental payrolls were also approved to correct a supervisor hours-entry error. (Page 2, 4)

• Hidden Valley Road Resolution: Public Works Director Kenny Allen and County Counsel verified that the Hidden Valley subdivision roadways are private infrastructure, do not meet county safety or engineering standards, and have never been formally accepted by the county. Resolution 23-26 was passed to formally decline taking over road network maintenance, capping substantial liability concerns. (Page 2-3)

• Public Comments: INA Alert presented a security and facial-recognition camera system breakdown with free site evaluations. Local resident Mark Warren raised localized standing water and missing side ditch drainage issues near Uniontown and Redfield. (Page 3-4)

• Minutes Formatting Debate: Chair Tran critiqued current AI-generated minutes for subjective language (e.g., “push back gently”). Clerk Walker defended that she runs raw long-form formats to meet detail requests without adding editorial slant. (Page 4)

• Elm Creek Lake Grant: The commission passed a motion to formally terminate a stagnant five-year-old Elm Creek Lake renovation grant. Biologist Don George (KDWP) noted the original $121,000 cost estimate to repair the dam hole inflated massively, requiring an engineer re-evaluation before a target May 2027 grant cycle. (Page 4-5)

• Comprehensive Plan: Following competitive interviews, the Planning Commission recommended hiring Confluence for a total of $152,000 ($105,500 for the Plan; $46,500 for Zoning Code regulations). The motion passed 4-0 (Motley abstained). (Page 5-6)

• Election Request Dispute: A motion by Commissioner Milburn-Kee to deny the Clerk’s use of the Commission Room for 2026 election cycles failed (3-2). A subsequent motion to approve the space use and transit support passed 3-2. (Page 6)

• Moratorium Resolution: The board passed Resolution 24-26 (3-0, Allen and Motley abstained) enacting a 365-day freeze on utility-scale power setups, crypto mining, data centers, and waste sites, grandfathering three previously exempted solar facilities. (Page 7-8)

May 11, 2026 Meeting Minutes

• Public Comments (Meals on Wheels): Michael Hoyt warned that federal defunding hit regional aging agencies hard, freezing new enrollments for standard mobile meal deliveries. He urged local budget steps to preserve safety checks for senior populations. (Page 10)

• Check-Signing Authority Clash: County Attorney James Crux publicly cited late employee pay cycles caused by a communication breakdown over unsigned checks. Seeking rules accuracy, Chair Tran shifted checking signatures to Commissioner Allen moving forward. (Page 10-11)

• Clerk Software Lockout: An internal dispute arose after Clerk Walker had her “SecureView” payroll report access revoked due to administrative over-exposure concerns. Intermediary data sharing was labeled inefficient by dissenters, and a motion to restore direct read-only access failed 3-2. (Page 11-12)

April 13, 2026 Meeting Minutes

• Economic Development: Fort Scott City Manager updated the board on manufacturing building sales projected to create hundreds of jobs starting in early 2027. (Page 13)

• Employee Rights Outcry: Nearly half the county workforce attended to protest retroactive adjustments to tenure dates and altered leave records after a December 2025 platform shift. Employees described losing up to 16 years of recognized service credit. In response, the commission ordered immediate employee system visibility features to restore transparency. (Page 14-15)

2. Financial Documents & Open Invoice Summaries

Accounts Payable Ledger – Due June 18, 2026

A grand total of $83,374.82 across 70 invoices was processed for this cycle. Significant breakdowns by department include:

• District Court (Dept. 10): $17,054.00, anchored by a 40% initial deposit ($15,324.00) to McClelland Inc. for a Courtroom A audio infrastructure upgrade. (Page 8)

• Courthouse General (Dept. 43): $13,379.74, including building utility bills from Evergy and a $7,503.36 regular elevator service fee to Kone Inc. (Page 12)

• Road & Bridge Sales Tax Fund (Fund 222): $12,455.80, heavily driven by an $11,257.15 charge from Kunshek Chat and Coal Co. for sand hauling. (Page 3)

• Juvenile Detention (Dept. 18): $11,347.00, matching fixed monthly detention system expenses paid out to the SEK Regional Center. (Page 10)

• Landfill (Fund 108): $10,652.41, paid entirely to Allen County Public Works for regional waste operations. (Page 2)

Accounts Payable Ledger – Due June 26, 2026

This batch notes a larger volume of operational entries, totaling $453,809.91, primarily tracking payroll runs, clearing accounts, and equipment support:

• Employee Benefits (Fund 064): $35,424.17 allocated across employee social security withholdings ($14,685.08) and comprehensive KPERS retirement pools ($19,375.17). (Page 4)

• County Sheriff & Correctional (Fund 120): $81,313.55, tracking department base wages alongside distinct items like building contract needs, Vertiv system components ($6,581.12), and regional inmate health expenses ($7,966.27). (Page 6-7)

• Mental Disability Support (Fund 116): A $13,750.00 regular quarterly funding appropriation assigned to the Tri-Valley Developmental Center. (Page 6)

• Road and Bridge Machinery (Fund 220): Detailed hardware invoices from Murphy Tractor & Equipment Co. covering heavy motor, hydraulic drives, and custom equipment maintenance. (Page 7-8)

The Kansas Attorney General’s office has asked Senior Judge Merlin G. Wheeler (the senior judge assigned to the case by the Kansas Supreme Court) for permission to add a felony charge against County Commissioner Mika Milburn-Kee, days before her jury trial is set to begin.

In a motion filed June 25, Assistant Attorney General Olivia R. Higdon asked to add a third count, Intimidation of Voters, a severity level 7 nonperson felony under K.S.A. 25-2415. Milburn-Kee has until now faced only two misdemeanors, both stemming from an Oct. 25, 2025 incident captured on video, when the county commission room was being used as an early-voting polling place.

The stakes rise sharply if the felony is added. A severity level 7 felony can carry a prison term of roughly 11 to 34 months, depending on criminal history, plus a fine of up to $100,000. By comparison, the Class A misdemeanor carries up to one year in county jail and a $2,500 fine, and the Class B misdemeanor up to six months and a $1,000 fine.

The State argues no new facts are alleged, noting that its original probable-cause affidavit already referenced voter intimidation and that it told the defense during plea talks it was weighing the charge. The motion was one of several filings the State made June 25 ahead of the pretrial hearing on June 26, and the judge has not ruled.

If the amendment is granted, what has been a two-misdemeanor case headed to a jury becomes a felony prosecution. A three-day jury trial is set for July 6 through 8. Milburn-Kee is presumed innocent unless and until a jury decides otherwise.

The criminal case against Bourbon County Commissioner Mika Milburn-Kee returns to court on Friday, June 26, for a pretrial hearing at 10 a.m. at the Bourbon County Courthouse in Fort Scott. Residents who want to follow the case can attend in person.

Milburn-Kee faces two misdemeanor charges filed by the Kansas Attorney General’s office in March. The first, interference with the conduct of public business in a public building, is a Class A nonperson misdemeanor. The second, disorderly election conduct, comes from the state’s polling-place “three-foot rule.” A conviction on the election-conduct count would carry forfeiture of office under Kansas law.

The charges stem from Oct. 25, 2025, when the county commission room was being used as an early-voting polling place, an encounter that was captured on video. Milburn-Kee has pleaded not guilty and has demanded a jury trial.

A pretrial hearing is a working session before the trial begins. The judge and the attorneys use it to narrow the issues, settle which witnesses and exhibits will be allowed, resolve any outstanding motions, and confirm the schedule. No verdict is reached. It sets the stage for a jury to hear the case.

A three-day jury trial is scheduled for July 6 through 8 in Courtroom A at the Bourbon County Courthouse, starting at 9 a.m. each day. A jury of six, plus one alternate, would decide the case. The Attorney General’s office is prosecuting, and Milburn-Kee is represented by private counsel. FortScott.biz has also looked at how similar Kansas election cases have been resolved.

A charge is an accusation, not a finding of guilt, and Milburn-Kee is presumed innocent unless and until a jury decides otherwise.

Bourbon County Sheriff’s Office Daily Report – June 22, 2026

Arrested

Lee, Nicole Marie (Age 43) — Arrested 6/18/2026 3:18 PM by Bourbon County Sheriff’s Office. Charge: Warrant Bourbon County (Failure to Appear), Warrant Bourbon County (Probation Violation) x2. Bond: $2,000.00 Cash/Surety.

Eisenbrandt, Jonah (Age 46) — Arrested 6/19/2026 6:00 PM by Bourbon County Sheriff’s Office. Charge: Sanction. Bond: $0.00 No Bond. Released 6/21/2026 6:00 PM via Time Served.

Altic, Karrie S (Age 39) — Arrested 6/19/2026 5:37 PM by Fort Scott Police Department. Charge: DUI; Misdemeanor. Bond: $1,500.00 Cash/Surety.

Leslie, Alyssa Faith (Age 27) — Arrested 6/20/2026 10:13 AM by Fort Scott Police Department. Charge: Criminal Damage to Property; Misdemeanor. Bond: $1,500.00 Cash/Surety.

Released

Allen, Judy Marie — Released 6/18/2026 12:15 PM via Surety Bond (A+ Bail Bonds).

Eisenbrandt, Jonah — Released 6/21/2026 6:00 PM via Time Served (Self).

Fasanella, Angelina M — Released 6/18/2026 8:40 AM via Time Served (Self).

Griffith, Joshua David — Released 6/18/2026 3:10 PM via Own Recognizance (Self).

Hawn, Ryan S — Released 6/20/2026 3:39 PM via Surety Bond (Larry Lamb).

Mason, Gina Fay — Released 6/18/2026 8:36 AM via Transferred Out (KDOC).

McDaniel, Nicolle Selene — Released 6/20/2026 11:58 AM via Surety Bond (Larry Lamb).

Reed, Wesley Alan — Released 6/18/2026 12:03 PM via Surety Bond (A+ Bail Bonds).

Ross, Gavin Lee — Released 6/18/2026 8:16 AM via Surety Bond (A+ Bail Bonds).

Total Inmates Released: 9

Documents:

• 06-22-2026_A.pdf
• 06-22-2026_R.pdf