
There will be a planning commission meeting on 04.01.26 at 5:30 PM at 210 S National Avenue, Fort Scott, KS.

There will be a planning commission meeting on 04.01.26 at 5:30 PM at 210 S National Avenue, Fort Scott, KS.

Shane Walker, who worked for the county for 21 years, claims he was fired while on medical leave in retaliation for his wife’s discrimination complaints — and that a commissioner later told someone as much.
Shane Walker, who served as Bourbon County’s Chief Information Officer for several years before his July 2025 layoff, has filed a federal lawsuit against the county, three county commissioners, and an HR contractor. Walker alleges he was let go while on approved medical leave in retaliation for discrimination complaints he and his wife, County Clerk Susan Walker, had filed against the county. The suit was filed March 9, 2026 in the U.S. District Court for the District of Kansas and raises ten separate legal claims including breach of contract, retaliation under federal civil rights law, First and Fourteenth Amendment violations, and violations of the Family and Medical Leave Act.
Everything described in this article comes from Walker’s complaint and the documents attached to it. These are allegations — none have been proven in court. The county and the individual defendants named in the suit have not yet filed their responses.
Shane Walker, 56, started working for Bourbon County on December 15, 2005 and, according to the complaint, spent 21 years there without a single disciplinary or performance issue. (Amended Complaint [AC], ¶¶1, 9) None of the positions he held were policymaking roles. (AC ¶10) In late 2024 he was also appointed Deputy Register of Deeds — without any additional pay — to fill in for the elected Register of Deeds when she was unavailable. (AC ¶11)
Walker was laid off on July 9, 2025, when his salary was $88,616.84. (AC ¶12) He was re-hired by the elected Register of Deeds on November 17, 2025 at $16 per hour for archiving work — a position of at least 30 hours per week. (AC ¶64)
In 2022, Walker served as the county’s Chief Information Officer (CIO) at an annual salary of $82,617.60. (AC ¶14) On June 7, 2022, he and the county entered into a formal written employment contract. (AC ¶15; Employment Agreement, p.1) The contract included several key provisions:
The complaint alleges that in January 2023, the county passed a resolution claiming to “negate” or “cancel” all employee contracts — but that it never gave Walker the required 45-day written notice of termination. (AC ¶17) The complaint includes an excerpt from the minutes of the county’s January 24, 2023 meeting in which a county official explains the resolution. (AC ¶18)
The complaint states the county did pay some vacation through January 2023, but that the rest of the contract promises — including the 60-day severance — were never paid. (AC ¶19) On August 22, 2025, Walker’s attorney sent a written demand for the contractual damages and unpaid vacation and sick leave. The county declined to respond. (AC ¶24)
Shane Walker has been married to Susan Walker since May 19, 2023. Susan Walker currently serves as the elected Bourbon County Clerk and previously served as the county’s Chief Financial Officer. The complaint notes all defendants were aware of the marriage. (AC ¶25)
In September 2024, Susan Walker filed an administrative complaint with the KHRC alleging gender and age discrimination and retaliation in the terms and conditions of her employment. She specifically complained that then-commissioners Harris and Beth were rude and dismissive to her and other female employees, that the county would not let her transfer to another position, that her work was being scrutinized more closely than male employees, and that she was being excluded from work-related conversations while having her employment threatened. (AC ¶37)
In February 2025, Susan Walker sued the county in state court for breach of her written employment contract, which was similar to her husband’s. (AC ¶39) When the county failed to respond to the properly served summons, a judge entered a default judgment of $199,527.04 against the county on May 5, 2025. (AC ¶40) The default judgment was later set aside by agreement, with the county paying $8,000 in legal fees to Susan Walker’s attorney; the order setting it aside was not entered until September 2025. (AC ¶41) Susan Walker’s discrimination, retaliation, and breach of contract claims ultimately settled in 2026, before this federal lawsuit was filed. (AC ¶43)
The complaint also alleges that Commissioner Tran, during a public meeting in which Susan Walker was explaining a report, derisively said to her: “Oh, are we going to talk about your feelings again?” The complaint states no commissioner had ever made such a statement to a male county employee. (AC ¶38)
In the summer of 2024, Shane Walker wrote a letter to county commissioners “in support of my wife and all the other women in our organization,” complaining of Commissioners Beth’s and Harris’s “lack of respect for woman (sic) in positions of authority and even with taxpayers who come to our meetings who are not men.” He concluded that “the other very professional women of our organization deserve to be treated with the same respect as anyone else.” (AC ¶26) The complaint notes Walker wrote the letter as a private citizen, not as part of his job duties. (AC ¶28)
Walker says he also made his views known to each of the three commissioners named in the suit: he spoke with Beerbower when Beerbower joined the commission on January 13, 2025 (AC ¶31); with Milburn-Kee when she joined in April 2025 (AC ¶32); and with Tran before Tran took office. (AC ¶33)
On September 30, 2024, Walker filed a complaint with the Kansas Human Rights Commission (KHRC) alleging age discrimination and retaliation. The filing was prompted by what Walker says was different treatment compared to younger employees, and by statements commissioners Beth and Harris allegedly made during a 2024 executive session about wanting to fire Walker and replace him with a younger trainee. (AC ¶¶34–35) (Beth and Harris were commissioners at that time but are no longer on the commission and are not named as defendants in this lawsuit — the current defendants are Commissioners Milburn-Kee, Tran, and Beerbower, along with HR contractor Dr. Cohen.) Walker was not terminated in the ten months that followed that filing. (AC ¶36)
Walker’s primary job duty was responsibility for the county’s IT services. (AC ¶44) During the week of June 13, 2025 — while Susan Walker’s default judgment was still pending — Commissioner Milburn-Kee suggested that the county’s network infrastructure have a “health check.” The commission hired an organization called Stronghold to perform the check. The complaint states no commissioner had previously mentioned hiring an outside agency for IT services. (AC ¶45)
Commissioner Milburn-Kee then insisted she be given server passwords in her role as commissioner. Walker and his coworker, Jimmy Kemmerer, refused to disclose the confidential information. (AC ¶46) A confrontation ensued and Kemmerer called police. The county fired Kemmerer for cause on July 2, 2025. (AC ¶47)
The complaint alleges that because of the discrimination and retaliation suffered by himself and his wife, Walker’s blood pressure rose to a dangerous level in June 2025. (AC ¶49) On June 24, 2025, Walker wrote to the commissioners complaining that he was being retaliated against because of his association with his wife and their discrimination complaints. (AC ¶48)
Walker applied for and was granted intermittent FMLA leave on June 26, 2025 and began working reduced hours. He remained on FMLA leave until he was terminated. (AC ¶50) The complaint alleges that all commissioners and Dr. Cohen were aware Walker was on FMLA leave when the termination decision was made. (AC ¶55)
Walker was given one week’s notice prior to his July 9, 2025 layoff — less than two weeks after his FMLA leave began. The complaint notes this layoff came ten months after his KHRC age discrimination filing; two months after his wife’s default judgment against the county; two weeks after his June 24 retaliation letter; less than six months after his statements to Beerbower and Milburn about gender discrimination; and two weeks after he began FMLA leave. (AC ¶56)
The complaint states the vote to terminate Walker was unanimous — all defendants voted in favor and Dr. Cohen did not counsel against it. (AC ¶58) The commission publicly claimed it outsourced the IT department to save money. (AC ¶59)
The complaint includes an allegation that goes to the core of the retaliation claim. After the layoff, the complaint states:
“Commissioner Beerbower told a county employee that the County commissioners ‘got rid of Shane’ because they ‘could not get rid of Susan.'”
Because Susan Walker is an elected official, the complaint notes, the commissioners cannot terminate her. (AC ¶¶58–60; AC ¶¶87–88)
The complaint disputes the county’s cost-savings rationale, alleging the outsourcing decision was more expensive, less effective, and more time-consuming than retaining Walker. The complaint states current estimates put costs at double, that performance has been less efficient, that security issues have occurred, and that three different elected officials have circumvented the new IT system because of difficulties getting assistance. (AC ¶61)
On September 9, 2025, Walker filed a second KHRC complaint alleging his layoff was motivated by his association with his wife, retaliation for his gender discrimination advocacy, age discrimination, and retaliation for his 2024 age discrimination complaint. His original 2024 complaint was still pending at that time. (AC ¶62)
When Walker was re-hired by the Register of Deeds in November 2025, the complaint alleges the commissioners and Dr. Cohen continued to interfere:
Under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act (ADEA), an employee generally cannot file a federal lawsuit until they have first filed a charge with the Equal Employment Opportunity Commission (EEOC) and received a “Right to Sue” letter.
According to the EEOC:
“If we are unable to conciliate the charge, we will then decide whether to file a lawsuit to protect individuals or the public interest. If we decide not to file a lawsuit, we will close the charge and issue a Notice of Right to Sue, which gives the charging party 90 days to file a lawsuit.”
A Right to Sue letter does not mean the EEOC found that discrimination occurred — it is authorization to proceed to federal court.
Walker filed his first KHRC/EEOC complaint on September 30, 2024 (AC ¶34) and his second on September 9, 2025. (AC ¶62) He received a Right to Sue letter covering both his 2024 and 2025 EEOC complaints on December 10, 2025. (AC ¶76) This lawsuit was filed on March 9, 2026 — within the required 90-day window. (AC ¶76)
In Kansas, employees may also file complaints with the Kansas Human Rights Commission (KHRC), which operates in a worksharing agreement with the EEOC, meaning a complaint filed with one agency is automatically cross-filed with the other.
The Family and Medical Leave Act (FMLA), enforced by the U.S. Department of Labor, provides eligible employees of covered employers with up to 12 weeks of unpaid, job-protected leave per year for qualifying medical reasons, including a serious health condition.
The Department of Labor states:
“The FMLA prohibits interference with an employee’s rights under the law, and prohibits an employer from retaliating against an employee for opposing any practice, or because of involvement in any proceeding, related to FMLA.”
The law also entitles an eligible employee to be restored to the same or an equivalent position upon return from FMLA leave.
Source: U.S. Department of Labor: FMLA Frequently Asked Questions
The complaint alleges Walker was approved for intermittent FMLA leave on June 26, 2025 (AC ¶50) and was terminated less than two weeks later, on July 9, 2025, while still on that leave. (AC ¶122) The complaint further alleges that had he been allowed to continue his FMLA leave, he would have recovered and returned to the same position. (AC ¶125)
The complaint seeks the following relief across the ten counts:
All documents are from Case No. 26-CV-01057-DDC-ADM, U.S. District Court for the District of Kansas.
This article is based solely on court documents filed by Shane Walker. All descriptions of events are allegations and have not been proven in court. Bourbon County and the named defendants have not yet responded to the complaint and their side of the story is not reflected here.
The next Bourbon County Coalition General Membership meeting will be next Wednesday, April 1st at 1:00 p.m. in the Conference room at the Scottview Apartments, 315 S. Scott Ave.
Bourbon County Inter-Agency Coalition
General Membership Meeting Agenda
April 1, 2026 1:00 PM
Scottview Conference Room
315 S. Scott Ave
The State of Kansas has filed criminal charges against Mika Milburn-Kee in Bourbon County District Court. The complaint, filed on March 24, 2026 by Assistant Attorney General Olivia R. Higdon of the Criminal Division’s Economic Crimes unit, stems from an incident that allegedly took place on October 25, 2025 in Bourbon County.
Count One charges Milburn-Kee with Interference with the Conduct of Public Business in Public Buildings under Kansas statute K.S.A. 21-5922(a)(5). This law makes it a crime to knowingly disrupt, impede, or hinder the normal work of a government official by intruding into a chamber or area set aside for that official’s use. This charge is classified as a Class A Nonperson Misdemeanor and carries potential penalties of up to 12 months confinement, a fine of up to $2,500, or both. This appears to be related to areas designated for use in the election that was underway at the time.
Count Two charges Milburn-Kee with Disorderly Election Conduct under Kansas statutes K.S.A. 25-2413(c) and K.S.A. 25-2432. The complaint alleges that she unlawfully and willfully approached or remained closer than three feet to a table being used by an election board without the admitted purpose of voting or without the authority of the supervising judge, contrary to the form of the statutes in such case made and provided against the peace and dignity of the State of Kansas. This charge is classified as a Class B Nonperson Misdemeanor and carries potential penalties of up to 6 months confinement, a fine of up to $1,000, or both. Additionally, under K.S.A. 25-2432, if convicted of this offense, the defendant would be required to forfeit any public office or public employment.
The case is being prosecuted not by the local county attorney, but by an assistant attorney general out of the state office in Topeka.
Witnesses
The State has identified 15 witnesses in this case:
This case is in its early stages. The complaint has been filed and assigned case number BB-2026-CR-000079, but the court process is just beginning. Being charged with a crime is not the same as being found guilty. The defendant is presumed innocent and has the right to legal representation and to contest the charges through the court system. What follows from here will likely include an initial court appearance, and the case may ultimately be resolved through trial, a plea agreement, or dismissal.
Commissioner Mika Milburn-Kee was asked if she had any comments on this case, but no reply has been received at this time.
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BOURBON COUNTY COMMISSION MEETING AGENDA
Public Comments
Clint Walker: Walker said he has been attending county commission meetings for decades and is distressed by the condition of the flags at the courthouse. They are in shreds.
“You all set the standards. You all let me down,” he told the commission.
County Clerk Susan Walker: Walker addressed the commisison about personnel records. Citing Attorney General Opinion 94121 on whether an individual commissioner has statutory authority to look at “otherwise discretionally-closed personnel records,” she said that the authority to do so is given to the board as a whole, but not to individual members. The opinion continued by saying that elected officials in the state of Kansas have the right to keep their own personnel files, which are “often exempt from public disclosure requirements.”
In addition, Attorney General Opinion 2003-15 talks about the authority of county commissioners to adopt budgets, but says that they should not be allowed to micromanage the employees of other elected officials, which would render those officials’ authority meaningless. If the commissioners target the pay of an individual employee in elected office, intending to improperly affect the employment status of the particular employee, it would exceed the county commissioners’ authority, per the Attorney General’s opinion.
Walker then requested that all past and present personnel records be forwarded to her office. She will send any payroll changes to the payroll clerk.
Sheriff Bill Martin: Asked for permission to speak to Payentry directly about issues with his employees.
Department Updates
EMS Update: Teri Hulsey, EMS Director
KRI has removed what they want from the building that EMS is supposed to have access to. It still has a lot of stuff that needs to be moved out to make it usable. Commissioner David Beerbower said there are plans for an auction forthcoming.
Cintas
A representative from Cintas came to discuss providing the hygiene products in the courthouse bathrooms. He said he can save the county 10 percent over the current provider, Osborn. This would be in addition to the mat service Cintas already provides for the courthouse.
Commissioner Mika Milburn said she would be in favor of letting the building maintenance crew make the decision.
Vending Machine
Bernard Streeter, operator of SNS Vending in Fort Scott, manages vending machines on the second floor of the courthouse near the county attorney’s office. He said he is loosing more products on them than he is making money. He wants to pull them and suggested putting a combination machine on the first floor instead.
The commission decided to collect information and work on the issue in the next meeting.
Old Business
Sewer issue
Kaety Bowers spoke with the commission about the communication she has received for the state of Kansas regarding sewage seeping into and in some cases being drained directly into the lake. She represents an HOA spanning two counties, Bourbon and Lynn, at the lake.
Bowers said there is only one septic pumping service on the lake. There are 30-40 homes in the neighborhood that are not getting pumped. At least one is draining directly into the lake. KDHE is pushing the HOA to do something about it, but they have no authority to assess code violations. Because of their bylaws, the soonest they can make any changes is 2033.
KDHE is adamant that Bourbon County needs to prosecute, she said.
Based on the $200/day fine currently in place, there is potentially $7,000 per day in fineable sewer violations in Bowers’ neighborhood alone. She said that adds up to $2.5 million over the course of one year.
Commissioner Gregg Motley said that the solution is for the commission to ask the county attorney to enforce the state statute.
Bower ssaid she recognizes the challenge of enforcing codes in the county.
Tran confirmed Bowers’ information regarding the unpumped homes.
“As county officials, we need to make sure that we are doing what we are supposed to be doing to safeguard the lives of people in this county,” he said.
“Sounds like we need to work on our resources, quickly,” said Beerbower.
“We will try to do something about it,” said Tran to Bowers.
Audit RFP
Tran passed around a draft of an RFP (Request for Proposal).
Motley and Beerbower each requested to table it for a week to evaluate it and make the decisions about details of the RFP. The point of contact is the commission’s administrative assistant.
They voted to table it until next Monday.
Salary Resolution – Gregg Motley
There was a transposed number on one of the salaries. The correction was made.
CIC Hardware Support
Computer Information Concepts provides the accounting software for the county. The commission approved paying the cost of $2,500 annually to cover the installation and maintenance on all machines at the county that need it.
Auction update
Commissioner Joe Allen said he is planning to come through the county building and confirm with everyone that they have marked the items currently stored in the basement that they want to keep for their departments. Then he will look at ways to auction the remaining items.
“I’m assuming that by doing this auction, we’re going to open up space,” said Allen.
“I need to identify how much stuff we have to do an auction,” Allen said.
New Business
ADM Agreement
Public Works Director Kenny Allen said the transfer station doesn’t have the equipment to turn the beans and cover the trash. The tractor has been at the repair shop since last June, and they have been making do with a backhoe.
Allen suspects that they are being given more beans then they need. Allen said they loose money when transferring tires.
The commission discussed changes that need to be made to the county’s contract with ADM and updates the landfill needs.
Allen will come back next Monday with information for the commission about the suggested changes and updates.
Property Tax Relief – 1111 Beech
Voted to approve 100% of the value of the structure for abatement.
Title IV-E County Reimbursement Opportunity
Commission moved to have Motley look into it and report back at the next meeting.
Commissioner Comments
Mika Milburn thanked the board for their willingness to work together.
Joe Allen said he thought communication went well this week within the county.
Samuel Tran thanked everyone for working together to get the county’s business done.
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Most students talk about the financial relief of a scholarship, but it’s truly special when a student feels a personal connection to the fund’s history.
Kaylee Lunsford, a homeschooled student from Fort Scott, is currently studying animal science at Oklahoma State University. As a multi-year recipient of the Bill House Agricultural Scholarship through the Community Foundation of Southeast Kansas (CFSEK), Kaylee’s goals are global, planning to pursue a career in International Ag Law to “give farmers a voice on the world stage.”
“I’m shocked every time I’m notified that I received the scholarship,” Kaylee said. “I’m just so happy the committee thinks I’m deserving of it.”
The connection goes deeper than just the scholarship. Kaylee grew up showing Hereford cattle with the American Hereford Association (AHA)—an organization where the late Mr. House once served as president.
“I feel a connection to Mr. House through our shared participation in the AHA,” Kaylee noted. “While I never met him, I hope I can carry on his legacy.”
Beyond easing financial stress, Kaylee says the award serves as a motivator to work harder. Her advice for future applicants? Be open and reflective. “I try to give the (review) committee a chance to see why I am worth investing in. I want them to get to know me, my passion, and my goals.”
CFSEK scholarship applications close March 31st, 2026. A full list of scholarships and their requirements is available at SoutheastKansas.org/Students/Scholarship. Scholarship applications are available online at SoutheastKansas.org/Scholarship-App.
The Community Foundation of Southeast Kansas awarded over $2.8 million in grants from all foundation funds in 2025 and has facilitated over $28 million in total granting to Southeast Kansas since its inception in 2001. CFSEK serves the region by providing donors with various charitable interests and encouraging charitable giving, which addresses present and future needs in our area. The Columbus Area, Fort Scott Area, and Girard Area Community Foundations are affiliates of CFSEK. More information about CFSEK is available at SoutheastKansas.org.
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.
Corroborated by multiple documents
Disputed or one-sided account
Context / analytical observation
⚠ 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.
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]
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]
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.
ⓘ 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]
The email chain documents the following submissions:
These email records are included in Walker’s March 2026 commission response.[SW]
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.
⚠ 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]
The specific accusations underlying the charges were:
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]
ⓘ 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]
ⓘ 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]
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.
Files in the walker-vs-bbco-civil-docket folder.
Files in the koma-violations folder.
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




History of YPL In Fort Scott
“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.”
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:
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