Category Archives: Bourbon County

Bourbon County Investigation: Summary of Documents

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)
[TL]

Timeline – Investigation Folder
— compiled PDF p.4
Chronological summary prepared as part of the sheriff’s investigation.
[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)
[S1]

Commissioner Documents – Section 1
— compiled PDF p.25
Commission statement summarizing its position on the unauthorized payment and alleged pattern of misconduct.
[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.
[S4]

Commissioner Documents – Section 4
— compiled PDF p.60
Additional copy of CIO employment contract and related documents.
[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.
[S6]

Commissioner Documents – Section 6
— compiled PDF p.92
Payroll records including the September 5, 2025 payroll showing the $20,000 Bailey payment.
[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-8]

Journal Entry of Default Judgment — May 8, 2025
Court order entering $199,527.04 judgment plus interest in favor of Walker.
[CV-10]

Motion to Set Aside Default Judgment — May 14, 2025
County’s initial motion arguing both improper service and excusable neglect.
[CV-11]

Plaintiff’s Response to Motion to Set Aside — May 28, 2025
Walker’s response presenting evidence that Commissioner Wisenhunt and Treasurer Love had actual prior notice of the lawsuit.
[CV-12]

County Reply in Support of Motion to Set Aside — Jun 11, 2025
County withdraws improper service argument; details the Bob Johnson computer hack narrative; notes Commissioner Wisenhunt’s resignation in a footnote.
[CV-15]

Agreed Journal Entry Setting Aside Default Judgment — Sep 12, 2025
Court order setting aside the default by agreement and allowing the case to proceed on the merits.
[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.
[CV-21]

Joint Motion for Continuance – Settlement Reached — Feb 26, 2026
Both parties state they “have reached a settlement agreement and are waiting for the checks to arrive.” Terms not disclosed.
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
[FSB1]

fortscott.biz – Bailey resignation, July 16 BOCC meeting
Coverage of the July 16, 2025 commission meeting at which Bailey submitted his resignation letter; includes Hall’s resignation.
[FSB3]

fortscott.biz – August 4, 2025 commission meeting
Bailey’s final commission meeting; he presented safety documentation for the Public Works department, and Hall was reported to have rescinded his resignation.
[FSB4]

fortscott.biz – Kruger resigns at March 17, 2025 commissioner meeting
District 3 Commissioner Leroy Kruger announces resignation, effective immediately.
[FSB10]

fortscott.biz – April 15, 2025 special meeting
Milburn-Kee’s first regular meeting as newly appointed District 3 Commissioner, replacing Kruger.
[FSB11]

fortscott.biz – June 12 convention to appoint new District 1 county commissioner
Coverage of the Republican Party convention held to select Wisenhunt’s District 1 replacement; Tran was selected.
[FSB5]

fourstateshomepage.com – Commissioners propose forensic audit amid fraud claims
Coverage of the 3–2 BOCC vote to seek a forensic audit; includes Commissioner Tran’s statement citing “empirical evidence.”
[FSB6]

fortscott.biz – Motley announces run for District 4 (letter to editor)
Motley outlines his candidacy priorities: rebuilding trust, budget review, HR improvements. Background as retired banker.
[FSB7]

fortscott.biz – Greg Motley new Bourbon County Commissioner
Coverage of Motley being sworn in as District 4 Commissioner in January 2026.
[FSB8]

November 2025 election results (PDF)
Official Bourbon County general election results, November 2025.
[FSB9]

fortscott.biz – New District 1 commissioner Samuel Tran joins Bourbon County commission
Coverage of Tran joining the commission after the District 1 vacancy was filled.
[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-0123]

Commission Minutes – January 23, 2023 (quoted in Walker petition, compiled PDF p.148)
Meeting at which Resolution 06-23 was considered, negating employee contracts. The January 2023 standalone minutes PDF is not in the available collection; the minutes are quoted verbatim in Walker’s original petition.
[MIN-0908]

Commission Minutes – September 8, 2025
Regular meeting at which the BOCC approved the payroll consent agenda containing the $20,000 Bailey payment without recorded objection.
[MIN-1007]

Commission Minutes – October 7, 2025 (Emergency Meeting)
Special meeting at which payroll was transferred from the County Clerk to the County Treasurer.
[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

Young Professional League Restarts In Fort Scott, Next Social Hour is March 24

Arlo Simon. Submitted photo.
A new generation of young people has reorganized to serve the Fort Scott community through an organization called Young Professional League.
Eighteen years ago, the group was started, and with the  COVID Pandemic, YPL membership dwindled.
Late last year, a different group picked up the ideals to serve the community.

 

They have a mission and motivation to serve.
“The mission of the Young Professionals League is to be adaptive advocates of a better community through progressive partnerships and networking,” according to its new president, Arlo Simon.
“The motivation to restart The Young Professionals League came from a drive to serve the community and provide support, in various ways,” Simon said.
“Our vision is to be a catalyst for a better community,” she said.
“We have meetings on the first Friday of every month in the Celebration Room inside Papa Don’s Pizza (10 N.Main), at noon. We also have a social hour at various local restaurants once a month. Our next one will be Tuesday, March 24 at La Hacienda Restaurant, 6:00 p.m.”
Submitted photo of a recent YPL meeting.
“Our target audience to join YPL would be anyone interested in being a part of like-minded people who have an interest in bettering the community,” Simon said. “The age range for joining: 17-year-old high school seniors (who may have an interest in business) as well as up to 45-year-old individuals.”
The current leadership team is Simon as president, Hunter Witt as vice president, Taylor Bailey as secretary, Stevia Ratcliff as treasurer, Tabitha Castleberry as communications and Henry Witt as events.
Submitted photos of a recent Young Professional League meeting at The Kitchen Collaborative.

History of YPL In Fort Scott

Eighteen years ago the group was founded by Jamie Armstrong, Gary Palmer, along with Kenny and Megan Felt, to name just a few.

“YPL was launched by a small group of young professionals in the fall of 2008,” said Jamie Armstrong.  We hosted a large group of local young professionals, and Kendall Gammon, former long-snapper for the K.C. Chiefs, was our speaker.”

“It was a moment to capture a common sense of community and connection, and it served as a great catalyst to our launch. We started off focused on economic development, community service, civic engagement and social connections.”

“Over the next seventeen years, we served many community roles, and we grew. Until we didn’t,” Armstrong said.

” Many of us shifted out of leadership roles in YPL and into other community and civic responsibility and our purpose changed. Post COVID Pandemic, the membership has dwindled, and we disbanded. I am thrilled to see young professionals like Henry and Hunter Witt and others coming back to the table to once again talk about the future of this amazing community we live in.”

Draft Minutes of the Uniontown City Council on March 10

The Regular Council Meeting on March 10, 2026 at Uniontown Community Center was called to order at 7:00PM by Mayor Jurgensen.  Council members present were Amber Kelly, Mary Pemberton, and Kyle Knight.  Also in attendance for all or part of the meeting was City Superintendent Bobby Rich, City Treasurer Sally Johnson and City Clerk Haley Arnold.

SPECIAL CONSIDERATIONS/PROJECTS

CITIZENS REQUEST

FINANCIAL REPORT

Treasurer Johnson presented the February 2026 Treasurer’s Report.  Beginning Checking Account Balance for all funds was $244,279.23, Receipts $30,427.36, Transfers Out $3,024.25, Expenditures $50,647.95, Checking Account Closing Balance $221,034.39. Bank Statement Balance $221,850.42, including Checking Account Interest of $45.56, Outstanding Deposits $0, Outstanding Checks $816.03, Reconciled Balance $221,034.39.  Water Utilities Certificates of Deposit $43,432.35, Sewer Utilities Certificate of Deposit $24,422.45, Gas Utilities Certificates of Deposit $50,925.50, Total All Funds, including Certificates of Deposit $339,814.69. Year-to-Date Interest in Checking Acct is $92.47, and Utility CDs $633.31 for a Total Year-to-Date Interest of $725.78.  Also included the status of the Projects Checking Account for the month of February 2026, Beginning Balance $0, Receipts $0, Expenditures $0, Ending Balance $0.  February Transfers from Sewer Utility Fund to Sewer Revolving Loan $1,400.25; from Water Utility Fund to GO Water Bond & Interest $1,624.00, for Total Transfers of $3,024.25.  Net loss for the month of February $23,244.84, Year-to-Date Net Income $20,288.93.  Budget vs Actual Gas Fund YTD Revenue $41,872.97 (32.4%), Expenditures $16,034.84 (12.2%); Sewer Fund YTD Revenue $6,743.25 (18.7%), Expenditures $5,159.58 (12.1%); Water Fund YTD Revenue $22,994.33 (18.5%), Expenditures $12,604.35 (8.8%); General Fund YTD Revenue $33,972.85 (23.1%), Expenditures $17,454.62 (7.4%); and Special Highway YTD Revenue $2,010.48 (27.6%), Expenditures $1,422.03 (12.7%).  The March 2026 payables to date in the amount of $23,075.39.

CONSENT AGENDA

Motion by Kelly, Second by Pemberton, Approved 3-0, to approve Consent Agenda:

  • Minutes of February 10, 2026 Regular Meeting
  • February Treasurer’s Report, Profit & Loss Report by Class & March Accounts Payables

DEPARTMENT REPORTS

Superintendent Rich informed the Council that the cost of Bio Mist used for mosquito fogging has increased to $111.00 per gallon, totaling approximately $278 per fogging session.  The Council and Rich discussed the possibility of more affordable alternatives; however, Rich reported that he has been unsuccessful in identifying any cheaper effective options.  The Council agreed to continue using the current product.  Beginning in April, fogging will be scheduled every three weeks instead of every two weeks.  As peak mosquito season approaches, the schedule will return to every two weeks.  Rich also suggested including a paragraph in the city newsletter to remind residents that standing water in yards or around homes serves as a breeding ground for mosquitoes. The notice will include tips on how individuals can help reduce the mosquito population.

Clerk Arnold reminded the Council of upcoming City Hall closures on March 11–13 due to the CCMFOA Conference, and on March 26–27 due to the Municipal Court Clerk Conference.  Arnold asked the Council to determine dates for the Spring and Fall citywide cleanups.  The Council decided that two roll-off dumpsters would be provided for the 2026 cleanups, scheduled for April 27–30 and August 31–September 3.  There was discussion regarding hosting a town-wide garage sale this year; however, the Council ultimately decided against it due to low community participation in previous years.  Arnold also confirmed with the Council whether to order fish food again this year for the pond located by the school.  The Council approved the purchase and requested that Arnold obtain pricing from multiple vendors.

COUNCIL REPORT

Councilman Knight – requested an update on when Marbery Concrete Inc. would begin work on the FEMA project at 2nd and Clay Streets.  Mayor Jurgensen reported that a recent vehicle accident involving Marbery Concrete Inc. resulted in the loss of equipment, which put a delay on the start of the project. Weather permitting, work is expected to begin once conditions allow.  Knight also asked if new culverts will be put in and Treasurer Johnson had confirmed they will replace with new culverts to help with water flow.

Councilwoman Kelly – none

Councilwoman Pemberton – inquired about who is responsible for unlocking the storm shelters during severe weather events.  Superintendent Rich informed the Council that the shelters remain unlocked during this time of year due to the increased likelihood of inclement weather.  Pemberton also asked whether it would be possible for someone not affiliated with the city to perform ditch cleanout and replace a culvert at 201 2nd St.  Mayor Jurgensen responded that this is not allowed, as the city is responsible for ditch and culvert maintenance.  Superintendent Rich added that he would inspect the area and address the ditch and culvert to the best of his ability.

Councilwoman Pritchett – absent

Councilman Stewart – absent

Mayor Jurgensen – none

OLD BUSINESS

FEMA Flooding– As previously discussed earlier in the meeting, Marbery Concrete Inc. will begin repairs when weather permits. Mayor Jurgensen and Treasurer Johnson informed the Council that a one-year extension on the project has been filed and approved.

Water and Sewer Rate Adjustments– Treasurer Johnson informed the Council that the City has not raised water rates since 2024 and sewer rates have not been increased since 2013.  Johnson proposed new water and sewer rates to take effect in April 2026.  The Council reviewed the figures provided and discussed the proposed adjustments.

Moved by Pemberton, seconded by Knight, and approved 3–0, to set the minimum monthly water rate for users within city limits at $28.66 for the first 1,000 gallons, with an additional $12.98 per 1,000 gallons thereafter. For users outside city limits, the minimum monthly rate will be $29.90 for the first 1,000 gallons, with a charge of $13.55 per 1,000 gallons thereafter. The motion also includes an additional 3% annual increase on the water rate.

Moved by Kelly, seconded by Pemberton, and approved 3–0, to set the minimum monthly sewer fee at $27.50 for the first 1,000 gallons of water usage, with an additional $0.31 per 1,000 gallons thereafter, per water meter. The motion also includes an additional 3% annual increase on the sewer rate.

Knight asked how the City’s rates compare to those of surrounding areas.  A discussion followed regarding rates in neighboring communities and the differences in bulk water purchase rates compared to those areas.

NEW BUSINESS

Moved by Kelly, Second by Knight, Approved 3-0, to adjourn at 7:55PM

March 23 Bourbon County Commission Meeting Agenda Summary

The north wing, east side of the Bourbon County Courthouse.

Bourbon County Commission Meeting Agenda

Date: March 23, 2026 | Time: 5:30 PM Location: 210 S National Avenue, Fort Scott, KS 66701

Meeting Agenda Outline

  • I. Call Meeting to Order (Page 1)

  • II. Pledge of Allegiance (Page 1)

  • III. Prayer (Page 1)

  • IV. Approval of Agenda (Page 1)

  • V. Approval of Minutes (March 16, 2026) (Page 1)

  • VI. Approval of Accounts Payable (March 20, 2026 – $500,393.76) (Page 1)

  • VII. Executive Session (K.S.A. 75-4319 (b)(1) – Teri Hulsey) (Page 1)

  • VIII. Public Comments (Page 1)

  • IX. Department Updates (Page 1)

    • a. EMS Update – Teri Hulsey

  • X. Old Business (Page 1)

    • a. Sewer issue

    • b. Audit RFP

    • c. Salary Resolution – Gregg Motley

    • d. CIC Hardware Support

  • XI. New Business (Page 1)

    • a. ADM Agreement

    • b. Culvert Application

    • c. Tax Corrections

    • d. Property Tax Relief – 1111 Beech

    • e. Title IV-E County Reimbursement Opportunity

  • XII. Future Agenda Topics (Page 1)

  • XIII. Commissioner Comments (Page 1)

  • XIV. Adjournment (Page 1)


Meeting Information Packet Summary

Previous Meeting Minutes (March 16, 2026)

The packet includes detailed minutes from the March 16 meeting. Key highlights include:

  • Accounts Payable Transparency: Discussions regarding the accurate labeling of settlement payments versus commissioner wages (Page 3).

  • Public Comments: Statements from County Clerk Susan Walker regarding office transparency and allegations of criminal conduct. Citizens also spoke on commissioner salary structures and audit plans (Pages 3-4).

  • Department Updates: Concerns were raised regarding the lack of a formal hard surface road plan for the 1% road tax (Page 4).

  • Salary Resolution: The commission voted (4-1, with one abstention) to maintain current commissioner compensation levels while establishing official salaries for the Road and Bridge, Appraiser, EMS, and County Counselor positions (Pages 4-5).

  • KORA and Operations: Discussion on centralizing Kansas Open Records Act requests through the Clerk’s office and switching emergency alert systems from Code Red to Genesis for significant cost savings (Pages 5-6).

Financial Reports (March 20, 2026)

The packet contains a comprehensive “Open Invoices By Department Summary” totaling over $500,000.

  • General Fund: Includes standard payroll clearing and insurance payments (Page 8).

  • Employee Benefit Fund: The largest single department total at $82,742.91, covering worker’s compensation and retirement contributions (Page 10).

  • Sheriff & Correctional: Expenditures totaling $77,505.65 for inmate transport, medical supplies, and facility maintenance (Pages 12-13).

  • Landfill and Road & Bridge: Detailed lists of commodity purchases including fuel, equipment repairs, and operational supplies (Pages 11, 13).

Contractual and Maintenance Agreements

  • Beneficial Reuse Agreement: Documentation regarding environmental non-feed use and amendments to existing reuse agreements (Page 47).

  • Environmental Permits: Information regarding the Bourbon County Transfer Station and waste management points of contact (Page 47).

Understanding Ticks & Alpha-Gal Presentation Offered on March 23

Sending on behalf of Chamber Member

K-State University Southwind Extension District

K-State University Southwind Extension District invites you!

Beyond the Bite: Understanding Ticks & Alpha-Gal

Because one bite can change a life.

Ticks are more than just a nuisance, they can carry diseases and in some cases, trigger long-term , life-altering health conditions, such as Alpha-Gal Syndrome.

Monday, March 23rd

6pm

@ Fort Scott Community College Ellis Meeting Rooms
2108 Horton St.

Call 620-244-3826

by March 20th to Register!

The program will feature two K-State experts:

Priscilla Brenes, MPH, Ph.D.

*How Alpha-Gal affects the body

Nutritional strategies for managing life with AGS

Raymond Cloyd, Ph.D

*Tick species, life cycles, and behavior

*Diseases associated with ticks

*Prevention and personal protection tips

Whether you spend time outdoors for work, recreation, or everyday life, this program offers practical, research-based information to help reduce risk and increase awareness.

Click HERE to visit the

Southwind Extension District

Facebook Page!

Click HERE to visit the

K-State Extension Southwind District

website!

Thank you to our Chamber Champion members shown below…
Fort Scott Area Chamber of Commerce

231 E. Wall St., Fort Scott, KS 66701

620-223-3566

fortscott.com

Facebook  X  Instagram

KS Top Group For Wreaths Across America Announced

Wreaths Across America
  Wreaths Across America has announced that the local organization, Friends of Fort Scott National Cemetery, has been ranked #1 Sponsorship Group in Kansas for 2025.  There are 80 registered Wreaths Across America locations in Kansas, with a total of 41,672 veteran graves honored in Kansas in 2025.
     The hard work and dedication of this fundraising and sponsorship group made it possible to honor and remember each veteran at Fort Scott National Cemetery with a live balsam wreath last December 17.  Diann Tucker and Mika Milburn, location coordinators for Fort Scott National Cemetery and group organizers for Friends of Fort Scott National Cemetery, want to thank this amazing community for their part in this achievement.  Tucker said this achievement and the success of our local organization’s effort is only possible with the support of our community, and it is truly appreciated.
     You are invited to help again this year as a sponsor.  For more information contact Diann Tucker, 620-224-7054, or Mika Milburn, 620-223-6700.

Bourbon County Commission Approves Payroll Resolution, Plans Work Sessions

The north wing, east side of the Bourbon County Courthouse.

BOURBON COUNTY COMMISSION

agenda-packet 03.16.26

When approving the accounts payable, Commissioner Mika Milburn moved to change the listing for $54,542.03 called Commissioner’s Wages to be labeled as Walker Settlement, since that’s what it is.

Jennifer Hawkins, County Treasurer and Susan Walker, County Clerk, both explained that it cannot be changed because it’s already been processed and the name of the account the money is paid from is called Commissioner Wages.

“It’s run through accounts payable because you process payroll outside of accounts payable. So you would have to void it and reissued it,” said Walker.

Commissioner David Beerbower said he had received questions from constituents about the same item in the accounts payable.

“We make about $4,000 between the five of us in a pay period,” Beerbower said.

Commissioner Samuel Tran offered to clarify, saying that the payment is not commissioner’s wages, but a pay out of a settlement.

Public Comments

County Clerk Updates

Susan Walker read a statement to the board and the public. She welcomed a review of the claims made against herself and her office. She said she welcomes transparency and they will fix any clerical errors that are found.

“You will not find manipulation of numbers and you will not find my office illegally processing payments,” she said. The allegations of illegal activity are unfounded and serious, especially when made to law enforcement.

 

Walker went on to explain that she has documents and recordings pertinent to the allegations of the commission, but advised that they be heard in executive session. (PDF of documents presented.)

 Mike Wonderly

Wonderly said he does not believe cutting the commissioner’s pay is the right thing in light of all that is going on in the county. He offered respect to Beerbower for standing by his original position.

“Sometimes we need to remind ourselves that we don’t always need to go with the lowest bid,” he said. He said that the amount of time involved in serving as a county commissioner deserves adequate pay.

“I am concerned that reducing the pay of commissioners could discourage good candidates from running in the future,” he said.

Owensby

Owensby thanked the commissioners and other courthouse people for their patience. He thanked Motley for bringing forth the comprehensive audit plan, which will build public trust.

“Please keep up the honesty, the transparency, and the try,” he said.

He invited those who are critical of the commission to run for the office themselves.

Executive Session K.S.A. 75-4319 (b)(1)

Five commissioners and Laura Krom, 10 minutes, returned to session, no action.

Department Updates
Public works- hard surface road plan

Milburn expressed concern about the lack of a hard surface road plan this year, in light of the county’s 1% hard surface road tax.

She said the commission needs to offer Public Works Director Kenny Allen help and support since he is new to the position and no longer has a second in command who is familiar with the county.

Beerbower said that the previous Public Work Director brought his hard surface road plan to the commission for approval in late April of 2025.

Since the county was unable to complete most of last year’s hard surface road plan, Milburn suggested they start with that plan and modify it as needed for 2026.

Commissioner Gregg Motley said that the 1% tax represents the priorities for the county.

Tran said the county’s asphalt tank is not repairable, which has taken some months to find out. Thus the county can either purchase asphalt somewhere else or lay down chip and seal.

Motley and Commissioner Joe Allen said they would like to see last year’s hard surface roads plan.

They decided to schedule a work session with Kenny Allen.

Old Business
108 w 2nd listing

Beerbower moved to lower the selling price of 108 W. 2nd and adjacent property to $170,000. Motion carried unanimously.

Salary Resolution

Commissioner Joe Allen brought up some information he collected from six different counties similar to Bourbon County:  Lynn, Allen, Neosho, Anderson, Cherokee and Labette counties all have three commissioners. They all offer their commissioners benefits and pay them in the range of $21,000 to $29,700 annually. They all have either the county clerk’s office or an HR department as support for the commission.

Allen said that if those counties chose to go to a five-member commission and split the pay among the five, it would be about $15,000 per year for each commissioner.

“I think that should be taken into consideration if we’re looking at changing salary for us here,” said Allen.

“Most five-person commissions are in bigger counties,” he said.

Allen said that he has received a lot of feedback from his constituents saying not to change the commissioner’s pay. Tran said that he has heard the same message from lots of people. Motley agreed that he had heard the same thing.

Tran read a resolution setting annual salaries for elected and appointed officials.

MIlburn moved to approve, Motley seconded.

Beerbower then read a statement going over the history of the move from three to five commissioners and maintaining his position.

Motion passed with four voting for it and Beerbower abstaining.

Forensic Audit POC

Tabled until Sheriff Bill Martin is available to discuss the issue.

New Business

KORA (Kansas Open Records Act)

Beerbower said it appears that there’s a war going on regarding who is responsible and how KORA requests are processed in the county.

He and Motley both said that KORA requests should be handled entirely by the clerk’s office, since that’s where all records are kept.

Requests for records not kept in the clerk’s office would be forwarded by the that office to the appropriate department.

Tran said that the commission’s administrative assistant is part time. He expressed concern about her getting inundated and keeping her from her primary duties.

“I understand the law says 72 hours, but she’s not the POC (Point of Contact) for KORA,” he said.

Beerbower pointed out that the taxpayers foot the bill for KORA requests.

Jennifer Hawkins, County Treasurer,  said that the new Sunshine Law has changed the allowable charge on KORA requests  and the county should rework it’s fee schedule accordingly.

She also said that all KORA requests do need to go through the clerk’s office because those requests themselves are “requestable” so the record of them needs to be with the clerk.

$26,000 Walker Settlement Invoice

Commission voted to allow Tran to sign it.

CODE Red with Louella Howard Emergency Manager

Code Red is the public emergency alert system the county has used historically. Howard asked to switch to Genesis Alert System. Code Red currently costs the county $11,577 annually, split with the City of Fort Scott.

A three year contract with Genesis would be $15,465 for the entire three years, and could also be split with the City of Fort Scott. The Emergency Management budget can cover it.

The motion to change carried, full cost to be covered by the county.

Future Agenda Topics

Tran said the commission needs to hold a work session for county goals. He asked each commissioner to come to the table with at least three goals. This would be both for the budget purposes and to focus the efforts of the commission.

Beerbower said they need to have a work session with the elected officials to collect information about who has access card readers and access cards and clean it up for the future.

They scheduled a hard surface road plan work session for 4:30 PM Monday, March 23.

Commissioner Comments

Gergg Motley attended the SEK RPC board meeting last week. Bourbon County’s one loan with them is now current.

Joe Allen gave kudos to the courthouse custodial staff, who helped him today.

Bourbon County Commission Meeting Agenda Summary, March 16, 2026

The north wing, east side of the Bourbon County Courthouse.

Bourbon County Commission Meeting Agenda

agenda-packet 03.16.26

March 16, 2026 | 5:30 PM

  • I. Call Meeting To Order

  • II. Pledge Of Allegiance

  • III. Prayer

  • IV. Approval Of Agenda

  • V. Approval Of Minutes (03.09.26)

  • VI. Approval Of Accounts Payable ($151,687.49)

  • VII. Public Comments

  • VIII. Executive Session (K.S.A. 75-4319 (b)(1))

  • IX. Department Updates

    • a. Public Works: Hard surface road plan

    • b. County Clerk Updates

  • X. Old Business

    • a. 108 W 2nd Listing

    • b. Salary Resolution

    • c. Forensic Audit Point of Contact (POC)

  • XI. New Business

    • a. KORA (Kansas Open Records Act)

  • XII. Future Agenda Topics

  • XIII. Commissioner Comments

  • XIV. Adjournment (Page 1)


Detailed Summary of Meeting Packet

Previous Meeting Minutes (March 9, 2026)

The Commission reviewed the minutes from the March 9 session. Key highlights included:

  • New Transparency Measures: Commissioner Tran introduced a process where all commissioners review check packets and expenditures before meetings to ensure collective oversight.

  • Public Comments: Residents discussed several high-profile issues, including requests for an independent forensic audit and concerns regarding commissioner compensation and potential recalls.

  • Executive Sessions: The Commission held multiple closed sessions to discuss non-elected personnel matters, specifically regarding code enforcement and a neighborhood septic system dispute.

  • Salary Resolution Debate: A motion to maintain current salary levels for commissioners (while allowing for voluntary donations back to the county) failed in a 2-3 vote. The discussion was tabled for one week.

  • Forensic Audit: The Commission voted 3-2 to engage an independent firm for a forensic audit of county transactions to maintain public confidence. (Pages 2–7)

Departmental Updates & Reports

  • Valuation Compliance: Preliminary 2026 property valuations show a projected 7% increase for residential properties and a 4% increase for commercial properties.

  • Neighborhood Revitalization Program (NRP): Officials addressed software issues that affected 34 properties, resulting in incorrect bond and interest processing. Manual corrections are underway.

  • County Clerk: Deadlines were announced for candidate filing (June 1) and voter registration (July 14). A recent KPERS audit of $10.7 million in payroll showed a near-perfect accuracy rate (0.0009% error). (Pages 4–5)

Financial Summary: Open Invoices by Department

The packet includes a detailed breakdown of accounts payable. Significant departmental totals include:

  • General Fund: $0.00 (Standard payroll clearing entries)

  • Landfill: $10,101.90 (Includes equipment repairs and waste processing fees)

  • Sheriff / Correctional: $11,126.70 (Includes vehicle leases, medical care, and training)

  • Road and Bridge: $39,463.89 (Largest expenditure category, including equipment parts, fuel, and road maintenance supplies)

  • County Treasurer Motor Fund: $1,603.25 (Pages 8–14)

New Business & Resolutions

  • Building Access: The Commission discussed security concerns regarding key card access for employees and the need for a comprehensive audit of building security.

  • Infrastructure Approvals: Recent approvals were granted for a picnic area at the Sixth Judicial District, a CMB license for Sugar Valley Home Lake Association, and culvert/water line installations on Unity Road and Eagle Road. (Pages 6–7)

KORA Guidelines (Kansas Open Records Act)

The packet contains educational material regarding KORA, emphasizing that most county records are public. It outlines:

  • Response Times: Counties must typically respond to records requests within three business days.

  • Fees: Charges for staff time and copying must be “reasonable.”

  • Exemptions: Specific records (medical, certain personnel files, attorney-client privilege) may be legally withheld. (Pages 36–37)

One Caring Adult Changes Everything

Sending on behalf of Chamber Member

Bourbon County CASA

When a child enters foster care, everything changes — their home, their school, their routines… and often the adults in their life.

A CASA Volunteer may be the only consistent adult showing up just for them.

Be the steady voice.

Be the one who shows up.

Bourbon County CASA is currently in need of volunteers who are willing to make a difference in a child’s life. Your time and compassion can provide stability, advocacy, and hope when it matters most.

If you feel called to serve, we would love to visit with you about how you can get involved.

Contact Christa at (620) 215-2769 or email [email protected] to learn more.

One caring adult can change everything.

Will it be you?

Click HERE to visit the

Bourbon County CASA

Facebook Page!

Click HERE to visit the

Kansas CASA Association

website!

Thank you to our Chamber Champion members shown below…
Fort Scott Area Chamber of Commerce

231 E. Wall St., Fort Scott, KS 66701

620-223-3566

fortscott.com

Facebook  X  Instagram
Fort Scott Area Chamber of Commerce | 231 E. Wall Street | Fort Scott, KS 66701 U

Garden Art Creation Workshop Offered

Sending on behalf of Chamber Member

K-State University Southwind Extension District

K-State University Southwind Extension District invites you!

Kokedama Workshop
Kokedama is the Japanese art of growing plants in a moss-covered ball of soil wrapped with string, transforming ordinary houseplants into elegant living sculptures.

Tuesday, March 17th

6pm

@ Fort Scott Public Library
201 S. National Ave.

$45 pre-registration required

online by clicking HERE!

Walk away with your own garden art creation that will make for a unique personalized gift or addition to your home and garden décor.

** NO EXPERIENCE REQUIRED **

• Limited to the first 25 individuals who sign-up!

• Classes appropriate for ages 7+.

• Pre-registration with payment is required.

** Attention **

YOU MAY/WILL GET MESSY AND DIRTY, BUT TOTALLY WORTH IT!

** Bonus **

Simple Morea will also bring a variety of trending tropical indoor plants for sale.

Click HERE to visit the

Southwind Extension District

Facebook Page!

Click HERE to visit the

K-State Extension Southwind District

website!

Other upcoming K-State Extension Southwind District Events:

Passport To Fun: Spring Break Edition

March 16th at Buck Run Community Center, 735 S. Scott Ave., Fort Scott & other dates/locations – see flyer below.

Click HERE to Register!

Passport To Fun: Beyond the Bite:

Understanding Ticks & Alpha-Gal

Monday, March 23rd @ 6pm

Fort Scott Community College – Ellis Meeting Rooms

Thank you to our Chamber Champion members shown below…
Fort Scott Area Chamber of Commerce

231 E. Wall St., Fort Scott, KS 66701

620-223-3566

fortscott.com

Facebook  X  Instagram
Fort Scott Area Chamber of Commerce | 231 E. Wall Street | Fort Scott, KS 66701 US
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Constant Contact

Food Access, Environmental Health Grant For Southeast Kansas Announced

 

Healthy Bourbon County Action Team Partners on $200,000 Robert Wood Johnson Foundation Project to Advance Food and Environmental Justice in Southeast Kansas

Fort Scott, Kansas — March 12, 2026

The Healthy Bourbon County Action Team (HBCAT) is partnering with the University of Kansas Medical Center (KUMC) on a new $200,000 grant from the Robert Wood Johnson Foundation (RWJF) to support community-driven solutions that improve food access and environmental health in Southeast Kansas.

The two-year initiative, “An Action-Oriented Study of Community-Driven Solutions to Address Food and Environmental Justice,” is co-led by Christina Pacheco, JD, MPH, Assistant Professor at KUMC, and Jody Love, MBA, President and CEO of HBCAT. Together, they will partner with the Montgomery County Local Health Equity Action Team (LHEAT), a coalition that brings together residents, local organizations, and cross-sector partners to identify priorities and implement practical solutions that improve health and quality of life.

Through this project, community members will design and implement locally driven strategies to strengthen food systems and improve neighborhood environments. Potential solutions include edible landscapes, raised garden beds, and other place-based approaches that expand access to nutritious food while revitalizing underused community spaces.

“This project reflects the power of community leadership,” said Jody Love. “When residents are at the center of planning and implementation, the solutions are more practical, more sustainable, and more reflective of local priorities.”

Jody Love

The project builds on community infrastructure developed through the COPE initiative, which helped establish LHEATs across Kansas to advance health through collaboration and shared governance.

HBCAT will provide community coordination, resident engagement, and implementation support, drawing on more than a decade of experience building cross-sector partnerships and supporting community-led initiatives across Southeast Kansas.

This work also aligns with the broader regional strategy being advanced through Rural Community Partners (RCP), a Southeast Kansas initiative focused on strengthening long-term systems for community development across county lines. By connecting local coalitions, organizations, and residents throughout the region, RCP works to ensure that community-led solutions are supported not just locally but regionally, helping communities share learning, coordinate resources, and build sustainable change over time.

In addition to supporting local implementation, the project includes an evaluation component that will document outcomes related to food access, community capacity, and systems change. Findings will be shared with community members, regional partners, and other rural communities interested in replicating effective strategies.

The grant was awarded through the Robert Wood Johnson Foundation’s Rapid Response: Reinvesting in Racial and Indigenous Health Equity Research program, which funds community-centered research designed to advance equitable and sustainable health solutions.

About the Healthy Bourbon County Action Team

The Healthy Bourbon County Action Team (HBCAT) is a community-based organization dedicated to improving health, well-being, and opportunity through collaboration, resident leadership, and locally driven solutions. HBCAT’s mission is to increase access to physical activity and healthy food, promote commercial tobacco cessation, enhance quality of life, and encourage economic growth.

About the University of Kansas Medical Center

The University of Kansas Medical Center is an academic medical center committed to improving the health and wellness of Kansans through education, research, and patient care.

About the Robert Wood Johnson Foundation

RWJF is a leading national philanthropy paving the way, together, toward a future where health is no longer a privilege, but a right. Through funding, convening, advocacy, evidence building, and impact investing, they work side-by-side with communities, practitioners, and institutions to get to health equity, faster and together.

This research was supported by the Robert Wood Johnson Foundation Evidence for Action Program. The views expressed here do not necessarily reflect those of the Foundation.