Bourbon County Courthouse

210 S. National Ave Fort Scott, KS 66701 Phone: 620-223-3800

Fax: 620-223-5832

Accounts Payable 8-23-2024

Payroll 8-23-2024

Bourbon County, Kansas

Brandon Whisenhunt

1st District Commissioner

Jim Harris, Chairman

2nd District Commissioner

Clifton Beth

3rd District Commissioner

Bourbon County Commission Agenda 210 S. National Ave.

Fort Scott, KS 66701

August 26, 2024 4:00 p.m.

1. Call Meeting to Order
2. Flag Salute

• Budget Discussion

1. Approval of Consent Agenda
   1. Approval of Minutes from 8/19/2024
   2. Approval of Accounts Payable Totaling $382,295.49
   3. Approval of Payroll Totaling $292,017.26
2. Public Comments
3. Vance Eden-Present Industrial Research Development Committee Findings

• Jennifer Hawkins, County Clerk-Labor Day Closure
• Commission Comments

1. Adjourn Meeting

Executive Session Justifications:

KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy.

KSA 75-4319 (b)(2) for consultation with an attorney for the public body or agency which would be deemed privileged in the

attorney-client relationship.

KSA 75-4319 (b)(3) to discuss matters relating to employer/employee negotiations whether or not in consultation with the

representative(s) of               the body or agency.

KSA 75-4319 (b)(4) to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trust and individual     proprietorships

KSA 75-4319 (b)(6) for the preliminary discussion of the acquisition of real property.

KSA 75-4319 (b)(12) to discuss matters relating to the security measures, if the discussion of such matters at an open meeting

would jeopardize such security measures.

Tiana McElroy, the  Bourbon County  Attorney submitted her resignation as county attorney to Governor Laura Kelly on July 31, 2024. The letter did not state her reason for resigning.

“Tiana is working part-time with the Bourbon County Attorney’s Office,” said Bourbon County Clerk Jennifer Hawkins. “I received her resignation letter on July 29^th. The Bourbon County Republican Party has 21 days from the date they were notified by the Governor’s office to appoint an attorney to fulfill the remainder of Tiana’s term.”

An email to McElroy from fortscott.biz went unanswered about why she resigned before the election.

Bourbon County Republican Chairman Mark McCoy announced to the local Republicans that they will meet to interview candidates wishing to fill the position until the November 4, 2024 election, when a new county attorney is elected.

The meeting to select a county attorney is August 29 at 6 p.m. at Fort Scott Livestock Market, 2131 Maple Road, Fort Scott.

A majority of precinct people must be in attendance, or a proxy form may be signed with the name of the person seeking the county attorney position and the name of the precinct person representing that absent precinct person.

All interested Kansas licensed attorneys may email their information/resume to McCoy at  [email protected]

Michael Hoyt has been seeking signatures of Bourbon County residents who would like to see the county move to a five-commissioner board instead of the current three commissioners.

He has 500 signatures as of today and believes he will get the required total of 621 in a month, however, the county election officer has a date of August 21 for getting the signatures in, so they can be validated before the November general election.

Hoyt will be asking the three commissioners to sign a resolution that he is presenting at this evening’s commission meeting that will help the petition move forward to be put on the November 5 election, which would not require the signatures.

He said there are 14,900 people in Bourbon County according to the 2020 census, and there are 12,500 people registered to vote.

He said this is a state-wide problem of the registered voters roll not being “cleaned up” when people die. He said there is no clear way to get deceased people off the roll.

If the resolution is put on the ballot this November, it would save the cost of a $10,000 special election later, Hoyt said.

The need for five commissioners is to bring better government to the county, he said.

“We seem to be stalled with three commissioners,” he said. “Two commissioners talking outside of an open meeting is an open meetings violation. It’s an unfair disadvantage with only three commissioners.”

“Out of 105 counties, 35 have gone to five commissioners, 30 are moving towards this,” he said.

The following is a press release Hoyt sent:

          A bi-partisan Bourbon County citizens group, aptly named The Three-to-Five Committee, has published and received preliminary sufficiency, on a petition to place a question on the November 2024 general election ballot; “Shall the current number of Bourbon County Commissioner Districts set forth in KSA 19-203(a)(b)(c)(d)&(e), be increased to five (5) Commissioner Districts?”

          As provided in the Kansas Statutes the Districts will be five districts “as compact and equal in population” as possible. The change will have no impact on the County budget. The additional Commissioners will allow better collaboration and focused representation on their respective districts. As the Commission is currently constructed, the group noted, “Even two Commissioners having conversations on any topic that may come before the Commission, is a violation of the Kansas Open Meeting Act (KOMA).”  Allowing an opportunity for collaboration and discussions with two Commissioners will improve the decision-making process and should provide improved transparency and accountability; since it is apparent the Chairman is reluctant to have material meetings that do not include all the Commissioners. That is why there is a quorum call; as long as two Commissions are present all business may go forward.

          Signatures have been collected by registered voters in Bourbon County over the last few weeks, and we have over 550 of the required 621 to place the question on the November ballot. This will prevent the need for a special election and the expense associated with such an election.  Further discussion on a Resolution by the County Commission to remove the risk of the special election fees will be discussed at Monday, August 19, 2024, meeting; only two Commissioner signatures are required, the resolution has been written for them, and a copy has been provided to the County Counselor over a week ago for review. Not to mention the time required by the clerk’s office to verify all signers of the petition. THE PETITION DECIDES NOTHING other than to place the question on a ballot. The people will have a voice to vote FOR or AGAINST the ballot question in the November election.

To view the resolution that Hoyt is asking the commissioners to sign:

RESOLUTION 24 for Petition question on a ballot 8-19-2024

Bourbon County Courthouse

210 S. National Ave Fort Scott, KS 66701 Phone: 620-223-3800

Fax: 620-223-5832

Bourbon County, Kansas

Brandon Whisenhunt

1st District Commissioner

Jim Harris, Chairman

2nd District Commissioner

Clifton Beth

3rd District Commissioner

Bourbon County Commission Agenda 210 S. National Ave.

Fort Scott, KS 66701

August 19, 2024 4:00 p.m.

1. Call Meeting to Order
2. Flag Salute

• Don Doherty and Cristy Mitchell-Insurance

1. Budget Discussion
2. Signing of Official Election Results
3. Approval of Consent Agenda
   1. Approval of Minutes from 8/12/2024

• Public Comments
• David Beerbower-Solar/Advisory Committee/State Statutes

1. SEHP Contract Renewal
2. Emergency Management Performance Grant Application
3. Discussion of Resolution Changing Commission Seats

• Justin Meeks-Executive Session KSA 75-4319 (b)(1)
• Commission Comments
• Adjourn Meeting

Executive Session Justifications:

KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy.

KSA 75-4319 (b)(2) for consultation with an attorney for the public body or agency which would be deemed privileged in the

attorney-client relationship.

KSA 75-4319 (b)(3) to discuss matters relating to employer/employee negotiations whether or not in consultation with the

representative(s) of               the body or agency.

KSA 75-4319 (b)(4) to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trust and individual     proprietorships

KSA 75-4319 (b)(6) for the preliminary discussion of the acquisition of real property.

KSA 75-4319 (b)(12) to discuss matters relating to the security measures, if the discussion of such matters at an open meeting

would jeopardize such security measures.

The canvass for the August Bourbon County Primary Election will be held on 8/19/2024 at 1:00 p.m. in the County Commission room.

Bourbon County Courthouse

210 S. National Ave Fort Scott, KS 66701 Phone: 620-223-3800

Fax: 620-223-5832

Bourbon County, Kansas

Brandon Whisenhunt

1st District Commissioner

Jim Harris, Chairman

2nd District Commissioner

Clifton Beth

3rd District Commissioner

Bourbon County Commission Agenda 210 S. National Ave.

Fort Scott, KS 66701

August 19, 2024 4:00 p.m.

1. Call Meeting to Order
2. Flag Salute

• Don Doherty and Cristy Mitchell-Insurance

1. Budget Discussion
2. Signing of Official Election Results
3. Approval of Consent Agenda
   1. Approval of Minutes from 8/12/2024

• Public Comments
• David Beerbower-Solar/Advisory Committee/State Statutes

1. SEHP Contract Renewal
2. Justin Meeks-Executive Session KSA 75-4319 (b)(1)
3. Commission Comments

• Adjourn Meeting

Executive Session Justifications:

KSA 75-4319 (b)(1) to discuss personnel matters of individual nonelected personnel to protect their privacy.

KSA 75-4319 (b)(2) for consultation with an attorney for the public body or agency which would be deemed privileged in the

attorney-client relationship.

KSA 75-4319 (b)(3) to discuss matters relating to employer/employee negotiations whether or not in consultation with the

representative(s) of               the body or agency.

KSA 75-4319 (b)(4) to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trust and individual     proprietorships

KSA 75-4319 (b)(6) for the preliminary discussion of the acquisition of real property.

KSA 75-4319 (b)(12) to discuss matters relating to the security measures, if the discussion of such matters at an open meeting

would jeopardize such security measures.