Category Archives: Government

Updated December 11 Agenda For the Uniontown City Council

CALL TO ORDER AT ________ by _____________________________

ROLL CALL: 

___ Jess Ervin ___ Amber Kelly ___ Mary Pemberton ___ vacant ___ Bradley Stewart

 

SPECIAL CONSIDERATIONS/PROJECTS

Appoint and administer Oath of Office Savannah Pritchett as councilmember to fill vacant position –

 

Administer Oath of Office to Danea Esslinger, City Clerk/Municipal Court Clerk –

 

 KMGA Prepay Project, Dixie Riedel – may not be able to come due to meeting date change

 

Public Restroom toilets, Taylor Plumbing –

 

 

CITIZENS REQUESTS

 

 

FINANCIAL REPORT

Sally Johnson – Financial reports

 

APPROVE CONSENT AGENDA

  1. Minutes of November 12, 2024 Regular Council Meeting and November 19, 2024 Special Council Meeting
  2. Treasurers Report, Monthly Transaction Report & Accounts Payables

 

DEPARTMENT REPORTS

Superintendent:  Bobby Rich

 

 

Clerk Report:  Danea Esslinger  

 

 

COUNCIL & COMMITTEE REPORTS

Councilman Ervin –

Councilwoman Esslinger –

Councilman Kelly –

Councilwoman Pemberton –

Councilman Stewart–

Mayor Jurgensen –

 

OLD BUSINESS

Pickleball court project –

 

Streets/FEMA –

 

Warehouse project –

 

SEED Grant –

 

NEW BUSINESS

CMB 2025 License renewal –

 

Sunday CMB hours of sales –

 

Motion by _____________, Second by  __________, Approved ______, to enter into executive session pursuant to non-elected personnel exception, KSA 75-4319(b)(1), in order to discuss non-elected personnel, the open meeting to resume at ____________.

 

 

ADJOURN Time ____

Uniontown City Council Meeting Minutes From November 12

The Regular Council Meeting on November 12, 2024 at Uniontown Community Center was called to order at 7:00PM by Mayor Jurgensen.  Council members present were Jess Ervin, Danea Esslinger, Amber Kelly, Mary Pemberton, and Bradley Stewart.  Also in attendance for all or part of the meeting were City Treasurer Charlene Bolinger, City Superintendent Bobby Rich, and City Clerk Sally Johnson.

 

SPECIAL CONSIDERATIONS/PROJECTS

Public Restroom toilet issue – Danny Taylor, Taylor Plumbing, has worked on the flush valves for the toilets.  There is not enough water volume or pressure for the valves to work properly.  Suggestions to remedy are to replace current piping from the meter to the valves with larger piping and increase pressure to the valves or replace the toilets with residential toilets.

 

Motion by Kelly, Second by Esslinger, Failed 2-3 to replace toilets with residential ADA toilets

 

He will return next month with estimated figures for both options.

 

CITIZENS REQUEST

none

 

FINANCIAL REPORT

Treasurer Bolinger presented the October 2024 Treasurer’s Report.  Beginning Checking Account Balance for all funds was $272,926.87, Receipts $72,792.48, Transfers Out $3,026.00, Expenditures $36,882.81, Checking Account Closing Balance $305,810.54. Bank Statement Balance $313,061.25, including Checking Account Interest of $60.96, Outstanding Deposits $0, Outstanding Checks $7,250.71, Reconciled Balance $305,810.54.  Water Utilities Certificates of Deposit $37,624.74, Sewer Utilities Certificate of Deposit $21,491.62, Gas Utilities Certificates of Deposit $39,426.41, Total All Funds, including Certificates of Deposit $404,353.31. Year-to-Date Interest in Checking Acct is $587.65, and Utility CDs $1,443.93 for a Total Year-to-Date Interest of $2,031.58.  Also included the status of the Projects Checking Account for the month of October 2024, Beginning Balance $0, Receipts $0, Expenditures $0, Ending Balance $0.  October Transfers from Sewer Utility Fund to Sewer Revolving Loan $1,402.00; from Water Utility Fund to GO Water Bond & Interest $1,624.00 for Total Transfers of $3,026.00.  Net Income for the month of October $32,883.67, Year-to-Date Net Income $70,331.34.  Budget vs Actual Water Fund YTD Revenue $99,922.94 (81.0%), Expenditures $102,002.05 (62.8%); Sewer Fund YTD Revenue $29,153.80 (78.9%), Expenditures $25,731.01 (61.1%); Gas Fund YTD Revenue $100,521.58 (68.6%), Expenditures $93,332.91 (52.6%); General Fund YTD Revenue $205,264.79 (104.9%), Expenditures $160,323.61 (51.8%); and Special Highway YTD Revenue $8,175.91 (112.5%), Expenditures $7,183.05 (70.9%).  The November 2024 payables to date in the amount of $25,002.71 were presented.  The invoices from Homestead Tech, KMGA, Johnson-Schowengerdt, and Ag Engineering have not been received by noon meeting day.

 

CONSENT AGENDA

Motion by Kelly, Second by Ervin, Approved 5-0, to approve Consent Agenda:

  • Minutes of October 8, 2024 Regular Council Meeting
  • Treasurer’s Reports, Monthly Transaction Report & Accounts Payables

 

DEPARTMENT REPORTS

City Superintendent Rich had nothing to report.

 

Clerk Johnson reminded the council that we had received another quote for the storm siren maintenance in August, but no action was taken.

 

Motion by Stewart, Second by Esslinger, Approved 4-0-1 (Kelly abstained) to accept the quote from Kelly Electric to inspect semi-annually at $300/inspection for a contract term of five years

 

The 2025-2026 Projected Gas Supply Schedule was presented.

 

Motion by Ervin, Second by Kelly, Approved 5-0 to accept 2025-2026 Projected Gas Supply Schedule as presented

 

KMGA prepay project – after discussion, Council requested more information.

A KMGA member update was presented.

League of Kansas Municipalities announced a Cyber Liability Insurance Program in partnership with Cowell Insurance Service Inc and Travelers Insurance.  There will be a free webinar November 21, 2-3PM to learn more.

Progress on Warehouse – the roof and outside metal has been removed.  Contractor says will be completed by December 15, 2024.

 

COUNCIL REPORT

Councilman Ervin – nothing

Councilwoman Esslinger – nothing

Councilwoman Kelly – asked about check to Bloesser Outdoor Services.  It is in approved payables and will be mailed tomorrow.

Councilwoman Pemberton – nothing

Councilman Stewart – nothing

Mayor Jurgensen – asked if we know when Bettis Asphalt will be here to complete warranty work.  Clerk Johnson sent email request for timeline this morning, no response as of meeting time.  She will reach out again and impress upon them that property owners want to be able to get in their garage before it gets much colder.  He also presented a retirement plaque to Sally Johnson.

 

OLD BUSINESS

Pickleball Court Placemaking Project – Councilwoman Pemberton gave report that the will begin erecting fence on November 25 or 26.

 

Streets/FEMA – Clerk Johnson requested budgeting quotes from three contractors for the proposed mitigation work.  None were received by noon today.  One contractor did call this morning and will have quote to us later this week.

Sale of property – sale of property closed today and funds received.

 

SEED Grant – Grant application was submitted 11/4/24.  Councilman Ervin wrote the narrative and Clerk Johnson filled in the budget information.  Grant will be awarded in December.

 

NEW BUSINESS

 

Motion by Ervin, Second by Kelly, Approved 5-0 to enter into executive session pursuant to non-elected personnel exception, KSA 75-4319(b)(1), in order to discuss non-elected personnel, the open meeting to resume at 8:15

 

Open meeting resumed at 8:15.

 

Motion by Ervin, Second by Kelly, Approved 5-0 to extend executive session pursuant to non-elected personnel exception, KSA 75-4319(b)(1), in order to discuss non-elected personnel, the open meeting to resume at 8:30PM.

 

Clerk Johnson called in at 8:15, out at 8:28.  Open meeting resumed at 8:30PM.

 

Motion by Ervin, Second by Esslinger, Approved 5-0 to accept retirement of Sally Johnson as City Clerk effective 11/15/2024; accept resignation of Charlene Bolinger as City Treasurer effective 11/13/2024; appoint Christina Miller as City Clerk effective 11/18/24; and appoint Sally Johnson as City Treasurer effective 11/18/24

 

Moved by Ervin, Second by Kelly, Approved 5-0, to adjourn at 8:32PM

 

Special Meeting Minutes of the Uniontown City Council on November 19

The Special Council Meeting on November 19, 2024 at Uniontown City Hall, was called to order at 7:00PM by Mayor Jurgensen.  Council members present were Jess Ervin, Danea Esslinger, Amber Kelly, Mary Pemberton, and Bradley Stewart.

 

Motion by Kelly, Second by Stewart, Approved 5-0 to enter in to executive session pursuant to non-elected personnel matters exception, KSA 4319(b)(1), in order to discuss vacancy of non-elected personnel position, the open meeting to resume at 8:10PM

 

Councilwoman Esslinger exited executive session at 7:45, back in at 8PM.

 

Meeting resumed at 8:10PM.

 

Motion by Stewart, Second by Pemberton, Approved 4-0 to accept resignation of Danea Esslinger as Councilwoman, effective immediately.

 

Motion by Kelly, Second by Pemberton, Approved 4-0 to accept resignation of Christina Miller as City Clerk effective 11/18/2024 and to hire Danea Esslinger as City Clerk, with a start date of December 5th or 9th, dependent upon notice to her current employer.

 

 

Moved by Ervin, Second by Kelly, Approved 4-0, to adjourn at 8:12PM

Agenda For the Fort Scott City Commission on Dec. 6

 

NOTICE OF AND AGENDA FOR SPECIAL

MEETING OF FORT SCOTT CITY COMMISSION

City Hall Commission Room – 123 S. Main Street, Fort Scott, KS 66701

December 6, 2024 – 11:00 A.M.

 

 

  1.     Call to Order
  2.     Roll Call

Tim VanHoecke,   Matthew Wells,   Dyllon Olson,   Kathryn  Salsbury,  Tracy Dancer

III.       Pledge of Allegiance

  1. Invocation
  2. Approval of Agenda
  3. Public CommentSign up required before the beginning of the meeting on register at the entrance of the Commission Room. Public Comments are for any topic not on the agenda and limited to five (5) minutes per person, at the Commission’s discretion.

VII.      Unfinished Business

  1. Consideration of Contractor’s Application for Payment No. 5-REV – Heck & Wicker, Inc. – Project No. 24-414 (Concrete and Dirt Work) $140,130.12

 

VIII.    Reports and Comments        

  1. City Manager Comments
  2. Engineering Comments
  3.  Commissioners’ Comments
  4. City Attorney Comments

 

 

  1. Adjourn

 

 

 

 

 

KS Supreme Court creates committee on pretrial detention practices

Supreme Court creates committee on pretrial detention practices

TOPEKA—The Kansas Supreme Court has created an ad hoc committee to advise the court and help implement recommended changes in pretrial supervision and detention practices.

The Ad Hoc Criminal Pretrial Practices and Procedures Advisory Committee will implement recommendations made in late 2020 by the Ad Hoc Pretrial Justice Task Force.

The new 15-member committee is created by Supreme Court Administrative Order 2024-CM-099 signed today by Chief Justice Marla Luckert.

“Today we continue work the original task force started when it examined pretrial procedures in Kansas courts, with the intent to find balance between upholding the constitutional rights of a person charged with a crime and the need for public safety,” Luckert said. “We want to ensure defendants appear in court, but we must operate from a presumption of innocence and liberty, not from a presumption of guilt and preventive detention.”

The task force, created in 2018, examined pretrial detention practices for criminal defendants in Kansas district courts. It also explored alternatives to pretrial detention used to ensure public safety and encourage the accused to appear for court proceedings.

Chief Judge Karen Arnold-Burger, Kansas Court of Appeals, chaired the task force and will serve in the same role for the committee.

“At the time of our research, we found that 53% of local jail inmates in Kansas had not yet been convicted of a crime,” Arnold-Burger said. “Nationally, also at that time, nearly two-thirds of people in jail were there awaiting trial and unable to pay bail or post a bond.”

The task force report cited studies that show pretrial detention can be devastating for defendants. Americans who answered surveys on the topic said they believe the current system unjustly discriminates against the poor and deprives them of their liberties.

“Low-income and poor Kansans risk losing their jobs, homes, and families if they cannot afford bail or a bond,” Arnold-Burger said. “We must consider other options that respect defendants’ freedom and financial situation while also upholding public safety and ensuring they show up for court.”

The report pointed to surveys that indicate most Americans support:

  • reducing pretrial incarceration except when necessary to protect the public;
  • pretrial release for nonviolent and misdemeanor crimes; and
  • pretrial release with orders to stay away from the victim or with pretrial supervision for low-level violent crimes.

About the committee

The committee is composed of judges, court services officers, attorneys, and community corrections officers. In addition to Arnold-Burger serving as chair, the Court of Appeals will be represented by Judge Jacy Hurst, who will serve as vice-chair

Other committee members are:

  • District Judge Amy Hanley, 7th Judicial District
  • District Magistrate Judge John McEntee, 10th Judicial District
  • District Judge M. Jennifer Brunetti, 11th Judicial District
  • District Magistrate Judge Ronald Sylvester, 30th Judicial District
  • Spence Koehn, court services officer specialist, Office of Judicial Administration
  • Bree Gibson, court services officer III, 10th Judicial District
  • Stephanie Springer, chief court services officer, 27th Judicial District
  • Kevin McGuffin, chief court services officer, 31st Judicial District
  • Justin Barrett, defense attorney, Thomas County
  • Heather Cessna, executive director, Kansas State Board of Indigents’ Defense Services
  • Sheriff Jeff Easter, Sedgwick County
  • Robert Sullivan, director, Johnson County Community Corrections
  • Todd Thompson, Leavenworth County Attorney

The committee will:

  • develop an implementation plan for the best practice recommendations for pretrial procedures and conditions of release;
  • create educational materials and programs related to pretrial practices and procedures;
  • create and pilot statewide pretrial supervision standards;
  • select and pilot an assessment tool for a pretrial supervision program;
  • recommend best practices for data collection;
  • recommend additional topics for consideration regarding pretrial practices.

Resources:

Supreme Court Ad Hoc Pretrial Justice Task Force

Executive summary of Pretrial Justice Task Force Report to the Kansas Supreme Court

Full Pretrial Justice Task Force Report to the Kansas Supreme Court

Kansas Judicial Branch

Office of Judicial Administration

301 SW 10th Avenue

Topeka, KS 66612-1507

785-296-2256

www.kscourts.gov

 

Amended Agenda for the Bo Co Commission Meeting on Dec. 5

 

 

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

 

December 5, 2024 9:00 a.m.

 

 

  1. Call Meeting to Order
  2. Flag Salute
  • Approval of Consent Agenda
    1. Approval of Minutes from 11/21/2024
    2. Approval of Accounts Payable Totaling $350,068.23
    3. Approval of Payroll Totaling $315,166.08
    4. Approval of October Financials
  1. Holiday Dinner Closure
  2. Teri Hulsey, EMS Director-EMS Grant
  3. Mark McCoy-REDI
  • Risk Avoidance Grant
  • 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.

 

The Bourbon County Commission Agenda for December 5

 

 

Bourbon County Courthouse

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

Fax: 620-223-5832

 

 

Accounts Payable 11-27-2024

Payroll Longevity 11-20-2024

Payroll 11-27-2024

 

 

 

 

 

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

 

December 5, 2024 9:00 a.m.

 

 

  1. Call Meeting to Order
  2. Flag Salute
  • Approval of Consent Agenda
    1. Approval of Minutes from 11/21/2024
    2. Approval of Accounts Payable Totaling $350,068.23
    3. Approval of Payroll Totaling $315,166.08
  1. Holiday Dinner Closure
  2. Risk Avoidance Grant
  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.

 

KS Is Expanding Internet Access

Governor Kelly Announces $10.7M to Expand Internet Access to Devices and Public Wi-Fi

TOPEKA — Governor Laura Kelly announced Tuesday that applications will open Thursday, Dec. 12, for a second round of the Advancing Digital Opportunities to Promote Technology (ADOPT) program. The program will provide $10.7 million to organizations working to expand access to public wi-fi and connected devices.

“Our digital opportunity programs empower Kansans to reach their full potential in work, education, and entrepreneurship,” Governor Laura Kelly said. “The ADOPT program provides resources for communities to thrive in a digitally connected economy.”

ADOPT is built around two key categories:

  • Equipment Distribution: the maximum individual award is $500,000 and requires 2% match and 1% co-investment
  • Public Wi-Fi: the maximum individual award is capped at $1 million and requires 5% match and 2% co-investment

“The ADOPT program has an immediate impact on Kansans. We are able to remove technological barriers and provide tools necessary to navigate today’s digital environment,” Lieutenant Governor and Secretary of Commerce David Toland said. “Through access to devices and public wi-fi, individuals can enhance job skills, participate in telehealth appointments, engage in online learning, and do remote work, furthering their ability to succeed in the future economy.”

The Kansas Office of Broadband Division (KOBD) continues to partner with entities that can procure, distribute, manage, and maintain devices for the Equipment Distribution component of the program. The devices will be provided to individuals who cannot connect to the internet. The program emphasizes long-term loans for computers, laptops, and tablets to ensure sustainable access for qualifying individuals.

The Public Wi-Fi component encourages organizations to form partnerships to deliver solutions in underserved and unserved public spaces, bringing affordable and reliable internet services to areas that lack access.

“KOBD continues to engage with our neighbors while being future-focused on our mission to ensure all Kansans can access digital tools needed to thrive,” Interim Director of Kansas Office of Broadband Development Joseph Le said. “We have been encouraged by the innovative ideas and partnerships developed in the first round of ADOPT, and we expect this second round to continue to propel Kansas forward.”

KOBD encourages local governments, community organizations, educational institutions, and other organizations to continue collaborating and enhancing Kansas communities through ADOPT. To learn more about the program guidelines and entities eligible to apply, click here.

KOBD will host a webinar at 11 a.m. Wednesday, Dec. 11, to discuss funding priorities and application guidelines. To register, click here.

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Kansas Courts News Release: Kansas Supreme Court docket for December 10–11

 

 

Kansas Courts News Release

FOR IMMEDIATE RELEASE

December 2, 2024

Contact:

Lisa Taylor

Public Information Director

785-296-4872

[email protected]

Kansas Supreme Court docket for December 10–11

TOPEKA—Cases on the Supreme Court December 10–11, 2024, docket are summarized below and will be heard in the Supreme Court courtroom on the third floor of the Kansas Judicial Center in Topeka.

All Supreme Court oral arguments are livestreamed at www.youtube.com/KansasSupremeCourt.

Accommodation

Any person with a disability who requires accommodation to access the docket should notify the judicial branch ADA coordinator as early as possible:

ADA Coordinator
[email protected]
785-296-2256
TTY at 711

Note to media

 

Reporters who plan to cover oral arguments need to be familiar with Supreme Court Rule 1001: Media Coverage of Judicial Proceedings, which prohibits using electronic recording devices during proceedings. If you plan to be in the courtroom when a case is heard, notify Lisa Taylor at [email protected] by noon the day before it is scheduled. If you want to use a camera, video camera, or audio recording device, it must be approved by the chief justice in advance of the oral argument.

9 a.m. Tuesday, December 10, 2024

Appeal No. 125,734: Austin Properties, LLC v. City of Shawnee, Kansas

Johnson County: (Petition for Review) Austin Properties, LLC submitted an application to the City of Shawnee to develop a “high-end” multifamily residential development planned on approximately 29 acres near Highway K-7 and Woodsonia Drive. An overwhelming number of neighbors filed a protest petition opposing Austin’s application, thus requiring the City to achieve a three-fourths majority vote to approve Austin’s application. After failing to achieve the majority vote, Austin’s proposal failed to pass. Austin sought judicial review, and the district court upheld the City’s decision. The Court of Appeals held that while there is no doubt about the court’s review, and likely the credibility and reliability of the City’s zoning decisions would benefit from a more complete explanation of its rationale for denying Austin’s application, there was sufficient information in the record to demonstrate the reasonableness of the City’s decision. Issues on review are whether: 1) the Court of Appeals erred in striking the due process provisions from the rezoning statute, K.S.A. 12-757(d), on the ground that they conflict with the adjacent-landowner protest authorization within the same statute, K.S.A. 12-757(f); 2) the Court of Appeals decision conflicts with Wells v. City of Basehor, 97 P.3d 528, and erroneously expands the scope of K.S.A. 12-757(f) beyond allowing landowners to protest the use of adjacent land, to protesting development design plans; and 3) the Court of Appeals established an unachievable evidentiary standard.

10:30 a.m. Tuesday, December 10, 2024

Appeal No. 125,761: State of Kansas v. Casinroyial Donje Caszarone Collins

Sedgwick County: (Petition for Review) Collins appealed the district court’s order denying his motion to reinstate his appeal finding that no exception applied that would allow Collins to file an appeal out of time. The Court of Appeals found Collins’ arguments to be unpreserved or unpersuasive and affirmed. The issue on review is whether the exceptional circumstances excuse Collins’ filing his notice of appeal late.

Appeal No. 126,130: State of Kansas v. Christopher Shawn Adams

Ellis County: (Petition for Review) If a prosecutor charges a witness with perjury based on their preliminary hearing testimony in a criminal case, may that person then assert a constitutional privilege against self-incrimination when called as a State’s witness in the later jury trial? The district court ruled Stephanie Lang could exercise her right to avoid another perjury charge in that circumstance. The Court of Appeals agreed with the district court that the State’s grant of immunity to Lang under K.S.A. 22-3415 was insufficient to protect her against a second perjury charge and the State could not use Lang’s preliminary hearing testimony and her out-of-court statements presented during the preliminary hearing as evidence in the jury trial, even though she would be unavailable as a witness. The Court of Appeals also held that because the State did not challenge that ruling in bringing this interlocutory appeal, it may be reconsidered in the district court. The issue on review is whether the Court of Appeals erred in finding that the State’s grant of use and derivative use immunity to Lang was insufficient to protect her Fifth Amendment right against self-incrimination because her immunized testimony, if false, could subject her to the risk of a future charge of perjury.

9 a.m. Wednesday, December 11, 2024

Case No. 128,062: In The Matter of Alejandro J. Solorio

Disciplinary: Solorio was admitted to the practice of law in 2000. Solorio’s ethics matter involved his representation of two individuals in an immigration matter and his failure to take action on their behalf. The disciplinary administrator recommended that Solorio’s license be suspended for one year. After a 90-day period, the disciplinary administrator recommended the remaining nine months be stayed and Solorio placed on 18 months’ probation. Solorio recommended that he be suspended for six months, with an immediate stay and that he be placed on 18 months’ probation. The hearing panel recommends that Solorio be censured and that the censure be published in the Kansas Reports.

Case No. 128,210: In The Matter of Laine C. Rundus

Disciplinary: Rundus was admitted to the practice of law in 2007. Rundus was charged and convicted of DUI on three different occasions. The Supreme Court temporarily suspended Rundus’ license on April 3, 2024.

The parties entered a summary submission agreement with a jointly recommended suspension of Rundus’ license for one year.

Summary Calendar–No Oral Argument

When a case does not present a new question of law, and oral argument is deemed neither helpful to the court nor essential to a fair hearing of the appeal, it is placed on the summary calendar. These cases are deemed submitted without oral argument.

Appeal No. 125,999: Sarah E. Tharrett, as successor trustee of the Roxine Poznich revocable trust v. David T. Everett

Bourbon County: (Petition for Review, Cross Petition for Review) David T. Everett appeals the district court’s final order granting declaratory relief, which authorized the final distribution of a trust and ordered him to surrender $4,000 in attorney fees from his distribution to the trustee, Sarah E. Tharrett. On appeal, Everett raises several procedural challenges to the proceedings in district court and argues the court abused its discretion in granting Tharrett’s motion for attorney fees. The Court of Appeals stated that the record reflects that Everett, after being sent the final distribution check from the trust, which was calculated in accordance with the district court’s final order, accepted the payment and negotiated the distribution check. The Court of Appeals held that because Everett voluntarily accepted the benefits of the district court’s order, he cannot now take the inconsistent position of appealing from it. Because Everett accepted the district court’s judgment, the Court of Appeals held it lacked jurisdiction over his appeal and dismissed it. The issues on review are whether: 1) the Court of Appeals erred by failing to address Everett’s argument that acquiescence to a void judgment is not possible; 2) the Court of Appeals erred by failing to address Everett’s argument that acquiescence was not properly preserved below; 3) the Court of Appeals erred when it rejected Everett’s self-protection argument; and 4) the Court of Appeals erred when it held that no issue Everett raised was separable from issues he alleged concerning acquiescence.

Appeal No. 126,288: State of Kansas v. Brenton S. Cook

Saline County: (Criminal Appeal) In 2006, a jury convicted Cook of first-degree murder, and he received a hard 25 life sentence. Cook’s convictions were affirmed on appeal and three subsequent motions under K.S.A. 60-1507 were denied. In this motion to correct illegal sentence, he challenges his sentence because his trial violated the merger doctrine, multiplicity, and double jeopardy statutes. The district court immediately denied Cook’s motion. The issue on review is whether the district court erred in immediately denying Cook’s motion to correct an illegal sentence.

Kansas Judicial Branch

Office of Judicial Administration

301 SW 10th Avenue

Topeka, KS 66612-1507

785-296-2256

www.kscourts.gov

 

KS Tax Collections Down From Estimate For November

November Total Tax Collections at $675.5 Million; 3.6% Below the Estimate

TOPEKA – The State of Kansas ends November 2024 with total tax collections at $675.5 million. That is $25.4 million, or 3.6%, below the estimate. Total tax collections are up 4.0% from November 2023.

Individual income tax collections were $335.2 million. That is $15.3 million, or 4.4% below the estimate. Individual income tax collections are up 14.9% from November 2023. Corporate income tax collections were $24.5 million. That is $5.9 million, or 19.4% below the estimate, and down 31.1% from November 2023.

Combined retail sales and compensating use tax receipts were $287.3 million, which is $2.0 million, or 0.7% below the estimate, and down $3.7 million, or 1.3%, from November 2023.

Click here to view the November 2024 revenue numbers.

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Agenda of the Fort Scott City Commission on Dec. 3

NOTICE OF AND AGENDA FOR REGULAR

MEETING OF FORT SCOTT CITY COMMISSION

City Hall Commission Room – 123 S. Main Street, Fort Scott, KS 66701

December 3, 2024 – 6:00 P.M.

 

  1.     Call to Order
  2.     Roll Call

Tim VanHoecke,   Matthew Wells,   Dyllon Olson,   Kathryn Salsbury,  Tracy Dancer

III.       Pledge of Allegiance

  1. Invocation
  2. Approval of Agenda
  3. Consent Agenda
  4. Approval of Appropriation Ordinance 1373-A – Expense Approval Report – Payment Dates of November 13, 2024, to November 26, 2024, – $1,118,230.10
  5. Approval of Minutes for November 19, 2024, Regular Meeting.

 

VII.      Public Comment

VIII.     Appearances

 

  1. Unfinished Business
  2. Consideration of RESOLUTION NO. 31-2024 – RESOLUTION DIRECTING THE REPAIR OR REMOVAL OF AN ALLEGED UNSAFE AND DANGEROUS STRUCTURE AT 1105 S. STATE Tabled from November 19, 2024,
  3. Consideration of Certificate of Appropriateness – 17 S. Main – Move Sign to New Location – Recommended by Design Review Board on November 12, 2024, and tabled by City Commission on November 19, 2024.

 

  1. New Business

Action Items:

  1. Consideration to Replace Charles Street Lift Station – B. Lemke
  2. Consideration of Verizon Tolling Agreement – B. Farmer
  3. Consideration to set a Budget Hearing on December 17, 2024, for amending the 2024 Budget pertaining to Stormwater Fund No. 719 and Golf Fund No. 219.
  4. Consideration of RESOLUTION NO. 34-2024 A RESOLUTION TO ESTABLISH URBAN AREA BOUNDARY LINES and RESOLUTION NO. 35-2024 A RESOLUTION TO APPROVE URBAN FUNCTIONAL CLASSIFICATION SYSTEM– Wyatt
  5. Request to Pay Heck & Wicker – Project No. 6 U-2455-01 – EEI Project No. 24-414 – Payment No. 5$450,052.32 – J. Dickman

 

  1. Reports and Comments
  2. City Manager Comments
  3. Engineering Comments
  4.  Commissioners Comments
  5. City Attorney Comments

 

XII.     Adjourn