Opinion: Electing Kansas Supreme Court Justices Is a Bad Idea
The most consequential issue of the 2026 Kansas election cycle is on the August 4th primary ballot. The question proposes a constitutional amendment changing how Supreme Court justices are chosen. The change is from our current merit-based appointment system to selection by popular vote. The ballot explanatory language is inaccurate, misleading and prejudicial. The ballot author is trying to trick you. Don’t be fooled. Electing Supreme Court justices is a very bad idea.
In 1956–57 politicians used a bait and switch plan, “The Triple Play,” to fill a vacant Supreme Court seat and circumvent the popular vote. In 1958 voters approved an amendment to prevent further political deception and interference and the Kansas Supreme Court Nominating Commission was established. The Commission has nine members. There is one lawyer and one non-lawyer from each of our four congressional districts. The lawyers are selected by vote of Kansas bar members in their district. The non-lawyers are appointed by the governor. The chairperson lawyer is elected by a statewide vote of Kansas bar members. Using a published list of merit-based criteria the commission conducts interviews, deliberates and votes in open-to-the-public sessions that are also broadcast on YouTube. (See YouTube.com/@Kansasjudicialbranch — watch the 5/21/26 meeting.) The Commission vets the applicants, selects three and from these the governor appoints the Justice. This system works. Justices must stand for a retention election after their first year and every subsequent six years. No justice has ever failed a retention vote. We, the voters, have always approved, and thereby validated, the Commission merit-selected justices.
The purpose of the Kansas Supreme Court as a co-equal branch of government is to interpret and apply the law of Kansas, protecting our constitutional rights and providing checks on the other branches. In direct opposition to the current merit-based system, electing justices makes them politicians. Just like all politicians running for office, justices would make campaign promises — promises that would affect their decisions. More importantly, and unlike current prohibitions, they would be allowed to participate in party politics and would fund their campaigns from donors including political party money, wealthy donors, corporations and dark money PACs. There goes judicial independence!
All registered Kansas voters, including independents, are eligible to vote on this proposed amendment in the primary election August 4th. Make your plan to vote. The final day for voter registration is July 14th. Early voting begins July 20th.
Electing Supreme Court justices is a bad idea. On this amendment, VOTE NO!
Fall sports are right around the corner, and while fans are counting down the days until the lights come on and the bands start playing, coaches and athletes know one thing, the most important part of the season is happening right now. Preseason preparation.
Preseason is the time when championships quietly begin to take shape. For coaches, the work is never-ending. Playbooks are reviewed and updated. Practice schedules are fine-tuned. Rules and regulations are studied to ensure everything is done the right way. Coaches evaluate talent, organize the summer workouts allowed by their governing associations, and begin figuring out how all the pieces fit together. The wins everyone celebrates in October and November often have their roots in the planning that takes place in June, July and August.
For players, the responsibility is just as great.
This is when they prepare their bodies and minds for the long grind of a season. Football, volleyball, cross country, soccer, and every other fall sport demand endurance, discipline, and toughness. Those who put in the work now will be ready to compete when the whistle blows. Those who don’t may find themselves dreaming about playing instead of actually competing.
Natural talent can take a team only so far. Preparation is what separates good from great. Time and again, we’ve seen less talented teams outperform more gifted opponents because they were better prepared. They were more disciplined. They trusted one another because they had invested the time together. Likewise, good athletes become great athletes because they refuse to rely solely on ability. They prepare. They improve. They sacrifice. That’s really what this season is all about. Sacrifice.
Success in sports isn’t much different than success in life. Whether you’re building a football program, running a business, or leading a company, the people willing to sacrifice their time and energy for a common goal are usually the ones standing at the finish line with something to celebrate.
When it’s fourth-and-one with the game on the line, I want the players on the field who have earned that moment. I want the ones who stayed after practice for extra reps, lifted weights when no one was watching, and chose discipline over convenience. They’ve sacrificed for that yard.
The same principle applies in the workplace. When the pressure is on and an important decision has to be made, I want the employee who consistently puts in the effort, accepts responsibility, and does the little things right. Not the one looking for the quickest way out the door or the easiest path through the day.
Preparation creates confidence. Sacrifice builds character and character is what carries people through the biggest moments.
As another fall sports season approaches, remember this: the scoreboard may tell us who won the game, but preparation usually determines the outcome long before kickoff.
Thought for the Week, “The harvest is never determined on game day, it is determined by the work, sacrifice, and preparation that took place long before anyone was watching.” Jack Welch
Dr. Jack Welch serves as President of Fort Scott Community College. With a career spanning professional sports, public education, and rural community development, he brings a servant-leader mindset and a passion for building trust-driven cultures that empower people to thrive in the classroom, on the field, and in life. He is also the author of Foundations of Coaching: The Total Coaching Manual.
Recall Effort Against County Clerk Is Misguided and Politically Motivated
As a long-time businessman and community member, I’ve reviewed the facts behind the recall petition against County Clerk Susan Walker. The truth is, the claims don’t hold up — and this effort says more about politics than performance.
In 2025, Susan Walker became Bourbon County Clerk, bringing more than two decades of service to our community and years of financial expertise, professionalism, and care.
Recently, Republican Party Vice Chair Tim Emerson contacted me to sign a recall petition against her. He did not explain its purpose, and it quickly became clear the effort was more personal and politically motivated than based on facts. I have known Susan for years, worked with her in several capacities, and found her professional, courteous, and highly knowledgeable in public governance.
In November 2025, Susan ran her first election as County Clerk. As a long-time businessman, I always research before forming an opinion. Several statements in the recall petition are simply not correct. A clerical error affected 52 voters who received incorrect ballots was discovered the day before the election. Susan acted quickly — producing corrected ballots, making a public statement the night before the election, and following proper procedures.
If people had concerns, they should have attended the canvassing, the proper venue for addressing such issues. It is also my understanding that even if all 52 ballots had been correct, the election outcome would not have changed. Elections have processes for exactly this reason — to resolve problems when they arise.
We all make mistakes. What matters is how we respond. Susan responded with transparency, urgency, and accountability. This incident should not be used to destroy her reputation or undo decades of service.
Signing a recall petition is voluntary. If you wish to remove your name, you can do so by sending a written request to the county clerk’s office.
Concerned For the Future of Bourbon County
Greg Post
Mapleton, KS
Note: FortScott.biz publishes letters to the editor from a variety of perspectives. If you would like to share your opinion, please send a letter to [email protected].
Keys to the Kingdom
By Carolyn Tucker
Fourth of July
Peter Marshall was born in Scotland in 1902 and moved to the United States of America in 1927 to pursue theological training. He became a U.S. citizen in 1938 and remained deeply committed to his faith and the United States until the end of his life.
During his lifetime, Dr. Marshall was pastor of three churches: Covington, GA; Atlanta, GA; and Washington, D.C. His pastoral prayers were honest and faith-filled and his congregations longed to experience them in worship. The young minister always clasped his hands around the pulpit microphone and prayed extemporaneously with his eyes closed — he used no written prayer or even notes. The prayers flowed from his heart in a rare beauty of sincere and down-to-earth language. Dr. Marshall was known as a godly man with an extraordinary gift for praying.
At the close of 1946, he was appointed Chaplain of the U. S. Senate. Immediately, Peter Marshall’s Senate prayers began to receive a great deal of National publicity. He humbly served in this capacity until his death in 1949. His prayers and counsel were highly respected as he called for moral guidance and integrity in government.
Dr. Marshall is remembered not only for his eloquent preaching and pastoral leadership, but also for his enduring influence on American religious life and public service. His life exemplified the power of spiritual guidance in the church and government. He desired to see Americans put aside selfishness and false pride, and become truly righteous so that the United States of America might rise to her God-appointed destiny of world leadership.
Peter Marshall’s concern was for individuals to exude the essential virtues of honesty, integrity, and goodness; and for righteousness on a National scale. He knew we could never achieve as a Nation what we are unwilling to do as individuals. He directed everyone to be kind, patient, understanding, and forgiving of one another even as God for Christ’s sake forgives us. His emphasis on individual godly virtues was an ever-recurring prayer when he served as Chaplain of the U.S. Senate.
This 4th of July, may we take to heart one of the prayers Dr. Peter Marshall gave during his two-year service as U.S. Senate Chaplain:
“We give Thee thanks, our Father, that Thou hast guided us safely over land and ocean, that in Thy kindly providence Thou hast permitted our lot to be cast in this pleasant place, that we are privileged to live in a land founded under God. We give Thee thanks that this Land was settled by men and women who came here, as we did, in order that they might live in the light of freedom, in order that they might worship Thee according to the dictates of their consciences.
Help us never to forget, our Father, that all the rights and privileges we enjoy here have blood on them, that every good gift was bought and paid for in human sacrifice. This goodly heritage is ours by choice and by adoption. May we never lightly regard it! May we ever be grateful to those who in years past have labored and loved in order that we might have something to inherit. This we pray in humbleness and thanksgiving. Amen.”
The Key: Father, after 250 years as a Nation under God, bring us to our knees in prayer.
Only the person wearing the shoe knows where it pinches. How many times have we heard (or said) “I know exactly how you feel”? We assume we have “walked in their shoes,” but the truth is, we haven’t, even though we might have had a similar situation.
After my mother died, an acquaintance surprised me with her empathetic request, “Why don’t we meet for coffee? I would love to hear all about your mother.” I remember thinking how kind her request was and accepted her invitation. We met for coffee, and immediately she began the conversation: “I will never forget how I felt when my mother died and so know exactly what you’re going through,” at which point — for the next hour — she spoke non-stop about her mother. And just like that, she had to leave.
I sat at the table, wondering how long it would be before she realized what she had done and apologize, but she did not return. Although I saw her several times after that, she never acknowledged her insensitivity.
“Unless you’ve walked in someone else’s shoes, you have no idea how they feel” is an idiom that promotes empathy and a warning not to presuppose you really understand what a person is going through unless you personally have dealt with it — which no one has.
We might have gone through something similar (say a divorce or a miscarriage or bankruptcy or a health issue), but none of us can assume to understand another’s situation, thought process, experience or challenges he/she faced. We can’t truly understand their journey until we’ve felt the weight they carry, the terrain they’ve crossed, and the blisters they’ve endured.
When we try to “get” someone’s life based on what they say, we often miss the nuances. Pain, loss, and hardship are wrapped in layers — late nights, hidden tears, silent battles — that only the person experiencing them can truly feel. Walking someone else’s journey is about recognizing the weight they carry, the obstacles they’ve overcome, and the resilience they’ve built.
Listening well (asking open-ended questions and encouraging them to share without judgment) is a start. Jesus was the master at asking questions to allow the listeners to share what they were feeling. He was the only one ever born who truly understood the depth of their pain and responded with compassion.
The next time you are tempted to tell someone you have walked in their shoes, remember this: one size does not fit all.
Recently, I watched a video of a NCAA Division I football coach screaming at a player, using every foul word imaginable in an attempt to make a point. The lesson I learned had nothing to do with football. My first thought was, if that is the only way the coach can communicate with players, you have a great deal to learn about leadership.
As leaders, we all wish everyone would do exactly what they are supposed to do at the highest level possible. Reality, however, is much different. Every organization, team, family, and workplace have challenges. There are always situations, people, or circumstances that test our patience and stretch our abilities.
The Apostle Paul called his challenge a “thorn in the flesh.” Three times he asked God to remove it. God’s answer was not removal. God’s answer was grace. “My grace is sufficient for you, for My power is made perfect in weakness.” (2 Corinthians 12:9)
Many of us view thorns as obstacles that prevent success. Perhaps they are opportunities for growth instead. The difficult employee, strained relationship, financial burden, health concern, or workplace challenge may not be intended to defeat us. Often, those situations are designed to develop us.
Too often, we focus our energy on eliminating problems rather than learning from them. Effective leaders ask a different question: “How can I help make this situation better?”
Screaming, anger, and intimidation rarely solve problems. Patience, wisdom, accountability, and grace often do. Without challenges, we may begin believing our success comes solely from our own abilities. Without thorns, we may never learn to depend fully upon God. Hebrews reminds us that we can approach God’s throne of grace for help. Isaiah teaches that those who wait upon the Lord will renew their strength. Philippians reminds us that we can do all things through Christ who strengthens us.
The next time a thorn appears in your life, do not simply ask God to remove it. Ask Him what He wants you to learn from it. Frequently, it is through the thorn that God develops the leader He wants us to become.
Thought for the Week, “The challenge you are asking God to remove may be the very tool He is using to strengthen your faith, sharpen your leadership, and deepen your dependence upon His grace.” Ronnie Vinklarek, NFL/UFL Football coaching legend.
Dr. Jack Welch serves as President of Fort Scott Community College. With a career spanning professional sports, public education, and rural community development, he brings a servant-leader mindset and a passion for building trust-driven cultures that empower people to thrive in the classroom, on the field, and in life. He is also the author of Foundations of Coaching: The Total Coaching Manual.
On Friday, the hearing in the election-interference case against Commissioner Mika Milburn-Kee brought something to Bourbon County that we often don’t see in Bourbon County. The hearing had intelligent people disagreeing in a respectful way while working through a process that keeps moving forward toward a resolution. This progress wasn’t because the two sides agreed on the desired outcome — far from it — but the lawyers on both sides and the judge all agreed on the procedure and decorum needed to respectfully work through the legal process.
The background to the hearing is the Attorney General’s case against Milburn-Kee, charging her with entering a restricted voting area containing ballots and causing a disturbance rather than leaving when she was asked to move to the adjacent office. The case was scheduled for a jury trial starting July 6. The Attorney General’s office says it had told the defense there was enough evidence for an additional felony count as well, but left it off the charges in hopes that the defense would first propose a plea deal or diversion agreement.
The day before the hearing, according to the Attorney General, the defense had not proposed any agreement, so the state filed to add the felony charge of intimidation of voters based on the same evidence it had for the misdemeanor charges. The defense objected to the late change, and the judge had to weigh whether to allow the addition or deny it.
The process was beautiful to watch. If you’ve endured the middle-school theatrics of the Bourbon County Commission meetings, watching the polite presentation of these different points of view might have brought a tear of happiness to your eye. The judge asked both sides for their input before making his decision. He gently chided the state for a pattern of late additional charges in other cases, while recognizing that this wasn’t the doing of the particular lawyer on the call. The defense and the state went back and forth over whether the felony charge had been previously discussed — all of it respectful. There was no talking over each other, no cursing, and no absurd requests that leave everyone baffled.
The state made it clear that it had hoped to resolve the matter with a plea (a conviction) or a diversion (no conviction) that would let Milburn-Kee keep her seat. But it believed it had all the evidence needed to convict on the felony and felt it was important to include if the defense wanted to pursue the trial. So if the judge denied the addition of the felony, the state would ask to dismiss the case and refile. This wasn’t the state’s attorney threatening the judge or throwing a fit; she was simply laying out the logical course of action. After making sure neither side had anything else to add, the judge decided not to allow the addition of the felony for the trial scheduled next week, and then immediately worked with the lawyers to set a preliminary hearing for the case the state said it planned to file with all the charges. Once again, there was no huffing, no cursing, and no loudly sliding papers around in front of the mic. No one suggested moving the trial to the county appraiser’s office just to make it inconvenient. It was all the calm, rational, and even boring turning of the legal wheels — the polite back-and-forth of adversarial sides working together through the process that creates what we rely on as justice in our country.
It was a beautiful reminder of what it looks like when a government process is carried out by rational, educated people applying logic to respectfully work together, even when they are trying to achieve different ends — a reminder that stands in stark contrast to much of the irrationalflailing we routinely see in the county commission.
Mark Shead
Note: FortScott.biz publishes opinion pieces with a variety of perspectives. If you would like to share your opinion, please send a letter to [email protected].
Country music artist, Sara Evans had a #1 hit recording in 2004 with her song, “Suds in the Bucket.” It’s about an 18-year-old girl in the backyard hanging the family’s laundry on the clothesline when her boyfriend drives up in a white pickup truck. She made a quick decision: “She left the suds in the bucket and the clothes hangin’ out on the line.” I used to have a clothesline, but I don’t anymore. We disposed of it years ago because it was in the way of the truck when my late husband unloaded the wood. Since I don’t believe in drying my clothes to death in the dryer, I will air-dry my lingerie on a multi-layer hanger on the front porch in warm weather. Because my house faces south, whatever I do on my porch isn’t typically seen by anyone other than grazing cattle and mangy coyotes.
However, one warm laundry day, my propane man came to power wash my tank. No, he didn’t call first, so I didn’t know he was coming. Had I known, I would have gathered up my underwear that was flapping in the breeze before he arrived. (I had actually forgotten about them.) We had a cordial visit; I have no idea what he thought of my porch décor.
It’s one thing to forget that my underwear was gaily waving to the propane man, but it’s another thing to forget about the goodness of God. Committed believers have continual assurance that God’s goodness is available 24-7 to comfort, protect, guide, provide, heal, and strengthen us. His goodness covers all of our needs for today and tomorrow. His storehouse is always full of His enduring goodness.
“And why are you troubled about clothing? See the flowers of the field, how they come up; they do no work, they make no thread” (Matthew 6:28 BBE). Jesus’ Sermon on the Mount covered all the bases regarding how much God cares for His children.
If we’re experiencing a blue day, an off day, a discouraging day, remember the goodness of God: “For the Lord is good. His unfailing love continues forever, and His faithfulness continues to each generation” (Psalm 100:5 NLT).
When we’re afraid, we can go to God for safety, comfort, and assurance. “How great is the goodness You have stored up for those who (reverently) fear You. You lavish it on those who come to You for protection, blessing them before the watching world” (Psalm 31:19 NLT). God’s goodness shows up in the OR, the waiting room, the storm cellar, the new job, the cemetery, the court room, the penitentiary, etc.
The goodness of God is found in His miraculous ability to restore emotional brokenness and sorrow. “The Lord is my Shepherd; I shall not want. He makes me to lie down in green pastures; He leads me beside the still waters. He restores my soul…” (Psalm 23:1-3 NKJV). I remember the night in 2021 when I received the beginning process of the restoration of my soul. I knew He would be true to His Word. I will never forget God’s goodness in taking my broken heart and restoring it to it’s original condition of happiness and peace.
The Key: Don’t forget to remember the everlasting goodness of God.
Patty LaRoche. 2023. Author: A Little Faith Lift…Finding Joy Beyond Rejection www.alittlefaithlift.com AWSA (Advanced Writers & Speakers Assoc.)
Valerian Trifa was an archbishop of the Romanian Orthodox Church in America and Canada. Even though he was a naturalized citizen of the United States, he was stripped of his American citizenship for lying about his involvement in the murder of hundreds of Jews during the Holocaust. Forensic Files featured his story one evening, and I was enthralled with how God orchestrated him being captured and found guilty, even though the television show gave God no credit.
Seriously, our Creator’s design is ingenious.
In the article “DNA of God,” Kerry Shook wrote this: “The discovery of DNA is just one of the scientific discoveries over the last 70 years that points clearly to the existence of a Creator. For wherever there is complex information, there has to be intelligence behind it. And God has stamped on every one of your over-100 trillion cells evidence of Himself, because wherever there’s complex information, there’s always intelligence behind it.”
To date, over one trillion people have lived on this earth, yet none of them have had the same DNA, the same fingerprint or the same handwriting. Not even identical twins. Yet, in all three of the following cases, the uniqueness of their genetic code was what caused forensic science to be instrumental in their convictions. Only God could master-mind such methodology to help capture a criminal.
(1). DNA: The Green River Killer, Gary Ridgway, was responsible for a rash of murders — at least 48 but possibly close to 90 —in Washington state in the ’80s and ’90s.
(2). Fingerprint: Between June 1984 and August 1985, a Southern California serial killer dubbed the Night Stalker broke into victims’ houses as they slept and attacked, murdering 13 and assaulting numerous others.
(3). Handwriting: On March 1, 1932, Charles Lindbergh Jr., the 20-month-old son of the famous aviator, was kidnapped and murdered by Bruno Hauptmann.
Because of God’s unique design, the FBI’s DNA database has helped more than 758,000 investigations through DNA matches, and the more forensic medicine improves, the more “cold cases”—including Jane and John Doe identifications—have been solved.
Interestingly, those three patterns also have been responsible for convicted felons being released from prison, even some on death row. How incredible of God to create each human with his/her own distinct identification determinants! In Psalm 139:13-14, King David wrote, “You made all the delicate, inner parts of my body and knit me together in my mother’s womb. Thank You for making me so wonderfully complex! Your workmanship is marvelous… how well I know it.” David, of course, had no idea how scientifically accurate his writing was.
Hopefully you readers never will be convicted of a crime based on the use of your DNA, but may we never fail to wonder at our Creator and the intricacies of His design in each of our lives.
This is the third and final installment in a series on the future of Bourbon County healthcare that is being cross-published by BourbonCountyMonitor.com and FortScott.biz. The first part can be found here, and the second can be found here.
Fort Scott, KS – While Freeman Health Systems as an organization is from all appearances on strong financial footing, the Freeman Hospital Fort Scott operation has experienced a series of documented substantial financial blows since opening in September 2025.
The Delay
Freeman began hiring for the Fort Scott hospital in spring 2025, with an expected June 1 opening. But on May 27, Four States Homepage reported the opening had been pushed to September because interior renovation issues had delayed the state survey needed before the hospital could open.
At the time, Freeman Health System Rural Hospitals CEO Renee Denton said Freeman had already hired slightly more than half the staff needed to open the facility. One employee hired during that period told the Monitor that Freeman continued paying them throughout the delay.
Medicaid and Medicare Certification Delay
The opening delay was followed by another financial setback: a lengthy wait for certification to bill Medicare and Medicaid.
At an April 16 joint meeting of the Bourbon County and Fort Scott City commissions, County Commissioner Gregg Motley, former vice chairman of the Freeman Fort Scott board, said the hospital had been seeing most patients at no cost while awaiting certification. Motley said more than 70% of Freeman Fort Scott patients were covered by Medicare or Medicaid, and the hospital hoped to retroactively bill for much of that care.
At the May 7 ribbon-cutting, Freeman Fort Scott Chief Administrative Officer Anita Walden told the Monitor the approvals had come through, but collecting payment for the previous nine months would not be simple. Walden said some payers were allowing Freeman to backdate claims to its certification date, while others were not.
A memo Motley sent to the County Commission also said Freeman had expected another health care provider to shift its lab work to the Fort Scott hospital. Instead, the provider stayed with its existing lab vendor, creating what the memo described as a seven-figure hole in Freeman’s planned budget.
“They’re not happy with their current situation.”
In an interview with the Monitor, Motley said those losses, combined with the roughly $1.4 million in lost revenue from the unlicensed 10 beds and growing maintenance problems in the building owned by Kansas Renewal Institute (KRI), have left Freeman in an untenable position.
“They’re not happy with their current situation,” Motley said. “They’ve received financial blow after financial blow. It was extremely disappointing to them that they will not be operating those 10 beds. They were hiring based on that.” Motley called it a “big budget hole.”
The Legal Action
That legal action Motley is advocating for would invoke the “clawback” clause in the original donation agreement between the county and Legacy Healthcare Foundation — which now also applies to KRI — transferring the property back to the county.
Under that clause, the county’s only remedy if the building owners default is to take back the property plus a cash repayment that shrinks over time — $1 million in year one, $750,000 in years two through four, and $500,000 in year five. After that, the county can reclaim nothing.
Motley said that window closes in November 2027. He said the $10,000 in legal fees approved by the commission during the April 14 meeting will go toward getting a legal opinion on whether the county has a strong case for reclaiming the building, and whether it can be accomplished within a reasonable amount of time and cost.
According to Motley, state officials had Kansas City-based Polsinelli Law Firm review the donation agreement, and the firm concluded the agreement had been breached. Motley said Freeman’s attorneys agreed with Polsinelli’s assesment.
The Transfer
Motley said that the lynchpin to this plan is Freeman agreeing to take the building, including all maintenance responsibilities. Motley says the healthcare provider has shown interest in doing so, but the county will require a binding legal agreement with them before initiating legal action to reclaim the building.”The county does not want this [building],” Motley said. “Before we ever file a lawsuit, we have to have an ironclad agreement with Freeman that says we are going to take over the building and the full maintenance of it.”Motley, who was voted as the commission’s point-man for the process, said that Kansas City-based MSB Law has been engaged to provide the legal opinion for the county.
The Employees
When asked what happens to the roughly 150 employees of KRI if the county is able to reclaim the building and transfer it to Freeman, Motley says that Freeman has discussed opening an operation similar to KRI in the building.”Well, again, Freeman hasn’t committed anything, but they have a KRI-like operation in Southwest Missouri called Ozark Center. And their plan would be to open a facility similar to that, get licensed for the 10 beds,” Motley said.Motley said the fate of KRI’s employees has been at the forefront of his mind. He said he told Freeman he wouldn’t pursue the deal unless they were committed, and that he asked what would happen to the workers.
“Where do you think we would get any employees to do the operation? We would look hard at the existing employees,” Motley said Freeman responded.Motley said the human cost has weighed heavily on him. He said the employees’ fate is “a huge concern of mine,” and that he pushed to keep the discussions private specifically to shield the people he knows and loves that work there.
The Lesser of Two Evils
Motley framed the choice as the lesser of two bad options. “I have to put them at risk a little bit in order to consider the whole county here,” Motley said.”I think the worst thing that could happen is we do nothing. KRI closes, all those people are gone. They don’t have a Freeman to go to now. Pasadena Lending or Legacy forecloses on the building and now we (sic) got an empty building owned by an organization that we know is ill intended.”
For Motley, the priority is maintaining ER and hospital services in Bourbon County, and that inaction on the part of the county puts those in the greatest amount of danger.”Any path we take is going to be risk. Any path. What’s the path of least risk? It is a huge risk to do nothing,” Motley said. “You know, you have two entities losing significant money every month. And what’s Freeman’s affinity for Fort Scott apart from ‘we have a break-even operation’? There is none.”
The Future
Regardless of what legal opinion the county receives, the commission’s direction remains uncertain. The board has been frequently and publicly divided.
During the March 9 meeting, which was the first time the commission discussed the potential legal action behind closed doors, the vote to go into closed session was not unanimous, with Commissioner Mika Milburn-Kee casting the sole dissenting vote.The first public vote on the legal action came at the April 14 commission meeting. Milburn-Kee again cast the lone vote against going into the executive session that preceded it, which included Pam Lanier, Freeman Health System’s director of government relations; state Rep. Rick James; state Sen. Tim Shallenburger; Fort Scott City Manager Brad Matkin; and County Counselor Bob Johnson.
After returning to open session, the commission voted 3-2 to approve a motion from Motley allocating $10,000 for legal fees and title work. Motley, Commissioner Joe Allen and Commissioner David Beerbower voted in favor; Milburn-Kee and Commission Chairman Samuel Tran opposed.
During a recess that followed, Tran was recorded saying, “We should have this conversation before we threw 10 Gs onto this dumpster fire.”During the April 27 meeting, after an identical split vote affirming the vote on April 14 and Motley’s appointment as contact person, Tran again expressed apprehension with the legal action.”And I’m saying nay for the same reason that I said no the very first time, because I don’t think this should be our wheelhouse,” Tran saidPrior to another 3-2 split vote during the May 4 meeting confirming a short list of law firms for Motley to approach for the legal opinion , Milburn-Kee requested that the details of the legal action be discussed publicly.”Can we move this discussion to the public, please, so we can talk more freely about what we’re asking them to do because I don’t even know what we’re asking them to do,” Milburn-Kee said.
Freeman’s Statement
In response to a request for comment regarding Freeman’s agreement with KRI and Freeman’s long-term viability in Fort Scott, Freeman Health System’s Media Relations Coordinator Kevin McClintock provided the following statement to the Monitor:
“As for KRI, we worked closely with their team to complete renovation of the hospital space, and we successfully passed licensure and life-safety surveys. Additionally, we look forward to working with KRI as we make necessary updates to the MRI suite.Freeman is not in a position to comment regarding KRI’s financial condition or ability to obtain licensure. Freeman Health System will continue to operate responsibly and make thoughtful decisions to ensure long-term sustainability while advancing access to care and remaining focused on meeting the healthcare needs of the rural communities we serve.”Because this reporting was expanded into a three-part series, the Monitor extended KRI an additional opportunity to comment. KRI did not respond before publication.
This is the second in a three-part series on the future of Bourbon County healthcare that is being cross-published by BourbonCountyMonitor.com and FortScott.biz. The first part can be found here.
Fort Scott, KS – Records reviewed by the Bourbon County Monitor show the confidential hospital memo that was posted in a local Facebook group on June 10 was obtained through a single open records request – one filed by former District 3 Commissioner Clifton Beth.It wasn’t the first time Beth had knowledge of nonpublic information regarding the county’s deliberations on the hospital. On March 9, before commissioners first met in executive session on possible legal action over the hospital, Beth called local residents — including a sitting county commissioner — and told them what the commission planned to discuss that night.
Beth was contacted for comment for this story and did not respond by publication time.
The Phone Calls
District 3 County Commissioner Joe Allen says he had never spoken with Beth until he returned a missed call from him at 4:03 p.m. on Monday, March 9 — nearly 90 minutes before that night’s county commission meeting was set to begin.
Allen said Beth told him that Commissioner Gregg Motley was trying to get the county to reclaim the hospital building, but that building owner KRI was in good standing, and urged Allen to call local ER Sales Tax Committee members Dr. Randy Nichols and Charles Gentry to confirm.
Allen said the conversation lasted about seven minutes and was largely one-sided, as he had no information to share with Beth.
At 4:40 p.m., former Bourbon County Review publisher JD Handly called Beth after receiving a request from Beth over Facebook to call him. Handley said it was the first time he had ever spoken to the former commissioner.
Handly said Beth told him Motley planned to call the commission into executive session that night to advocate for legal action to reclaim the hospital building — a move Beth said would mire the county in costly, extended litigation. Beth told Handly that KRI was paying its mortgage on time and that there was no justification for the county to consider reclaiming the building.Handly said the call lasted 19 minutes and 26 seconds, and left him greatly concerned.
At 5:06 p.m., Handly sent a private message to this reporter, Monitor editor Nick Graham. “You need to call me,” the message read, followed by his phone number.
Handly then said he called local citizen Anne Dare at 5:08 p.m., relaying what Beth had told him without identifying his source. Dare confirmed Handly’s account of the call to the Bourbon County Monitor.
At 6:04, this reporter called and spoke to an audibly alarmed Handly. As he had with Dare, Handly relayed what Beth had told him regarding the planned executive session.
The Facebook Messages
In a Kansas Open Meetings Act violation report Dare sent to the attorney general’s office on March 20, she reported the call from Handly as well as Facebook messages she had received from Beth starting at 12:38 p.m. on March 16. The message exchange between Dare and Beth, which was filed with the report, reads:BETH: “I don’t know if you are a Motley fan or not but I think the public needs to know that he is try to take the hospital building back which would be a very costly mistake”DARE: “I talk to Gregg but he doesn’t talk about that with me. I do have questions about how this would be good for the county but I’ve not had the opportunity to ask him.”BETH: “It would be a long drawn out court battle that would cost the county a lot as the contract has been fulfilled ie. We have an ER and the rumor that KRI isn’t paying there (sic) mortgage isn’t true because Legacy holds the mortgage and there (sic) attorney has told me that they haven’t missed a payment along with the fact that they have a sweetheart deal from legacy on repayment but the selfish side of me would love to see them try and fail again and spend lots of money on attorneys”
Facebook messages from Clifton Beth to Anne Dare on March 16, 2026, as filed with Dare’s Kansas Open Meetings Act complaint.
Dare told the Monitor that the report has since been closed by the Attorney General’s office, as they stated there was no way to conclusively prove that a commissioner had leaked the info to Beth.
The Paper Trail
When the memo surfaced in a local Facebook group on June 10, the local resident who posted it wrote that it had come from a citizen who obtained it through a request under the Kansas Open Records Act, or KORA.
To trace the memo’s path, the Monitor asked the county for every KORA request related to it. The county returned a single record: a request Beth filed on May 14.
Beth’s request asked for one thing: “Emails sent from Bourbon County Clerk on 3-7-26 to Bourbon County Commissioners: Sam Tran, Mika Milburn, David Beerbower, Joe Allen.”
The only email the clerk sent those four individuals on March 7 was the one distributing Motley’s memo for the upcoming March 9 executive session.
The records account for how Beth obtained the memo in May. They do not account for how he knew its contents, or how he knew about the commission’s plans for the March 9 executive session before the session was ever held.
Legacy Ties
Beth has had documented ties to the California-based Legacy Healthcare Foundation since shortly after it became involved in the county.
On Nov. 17, 2022, then-county commissioners Beth, Jim Harris and Nelson Blythe donated the Mercy Health Systems property, along with $2 million in American Rescue Plan Act funds, to the Foundation on the condition that the funds be used for building and property maintenance, development of an acute care hospital, and several other specified expenses.
An April 7, 2023, invoice submitted to the county in accordance with the act shows that Legacy paid Osage Construction LLC — Beth’s construction company — $7,300 of those funds for roof repair work on the hospital building.
Beth is also the organizer and sole member on record of Moody Building LLC, which currently holds the deed to the historic Moody Building in downtown Fort Scott. However, in recent weeks city officials have gone on record identifying their primary contacts for the building as California-based Juan Banos and Troy Schell, Legacy Health Foundation’s president and chairman, respectively.
“Who Can He Hurt?”
In an interview with the Monitor, Motley said he did not understand what was driving the leaks.
“I. Don’t. Understand. The. Motive.” Motley said. “What’s Clifton’s motive? He can’t hurt the county case because that rests in the lease and the donation agreement.”
“Who can he hurt? KRI. That’s the only organization to get hurt here,” Motley said.
Motley said one of his primary reasons for trying to restrict the discussion of potential legal action to executive session was to protect KRI.
“Why did I try to do all this in executive session? To protect KRI,” Motley said. “I didn’t want their financial condition broadcast. I didn’t want to say that they are in default of a donation agreement and default of a lease broadcast until we had a plan of action.”
Motley said the county may receive a legal opinion that says that reclaiming the building is not feasible — which, he said, would render the leaks moot.
“We could get in front of an attorney and they say, ‘This is a hopeless case,'” Motley said. “That’s a possibility still. So if we do nothing now, this is out in the wind. Why? Why is it out in the wind? Of what benefit is that to anybody?”
The Monitor sent a request for comment to all seven individuals who had seen Motley’s memo – the commission, the County Clerk, and the County Counselor – asking if they had contacted Beth about the contents of the memo or the topic of the March 9 executive session.By publication time, only Motley, Allen and the County Clerk had responded. We will update this story if we receive further responses.
Public Documents
The public documents referenced in this article are linked below.
One of the most common leadership questions I have encountered is whether a boss can truly be friends with employees. Many leadership authors caution against becoming too close to those you supervise. Their concern is understandable. Friendships can make accountability, evaluations, discipline, and organizational changes more difficult. While I understand that perspective, my experience has led me to a different conclusion. I believe it is possible to be both a leader and a friend. The key is understanding that the organization must always remain the top priority.
Leadership is not about choosing between friendship and responsibility. It is about having the maturity to separate the two when necessary. Over the years, I have worked alongside people who became genuine friends. We shared victories, challenges, and countless hours pursuing common goals. Yet there were times when difficult decisions had to be made. I recall a situation where an organizational restructuring was necessary to better serve the institution. One of the positions affected belonged to a close friend. The easy choice would have been to avoid the issue. Instead, we sat down and had an honest conversation about the needs of the organization and the reasons for the change.
Was it easy? No. But because our friendship was built on trust and honesty, we separated the personal relationship from the business decision. The organization moved forward, and the friendship remained intact.
The same principle applies in athletics. Imagine a head football coach whose best friend is an assistant coach. If the team struggles and responsibilities need to be reassigned, a strong leader makes the changes necessary for the program’s success. A true friendship can withstand an honest conversation about what is best for the team. The opposite is also true. Leaders who refuse to build relationships often create distance and distrust. People want to know their leaders genuinely care about them.
Leadership is about balancing relationships and responsibility. Friendship should never interfere with leadership, but when handled correctly, it can strengthen it. A leader can be a friend, as long as friendship serves the mission and never replaces it.
Thought for the Week, “The true test of leadership is having the courage to make the right decision for the organization while preserving the dignity of the people involved,” Jack Welch.
Dr. Jack Welch serves as President of Fort Scott Community College. With a career spanning professional sports, public education, and rural community development, he brings a servant-leader mindset and a passion for building trust-driven cultures that empower people to thrive in the classroom, on the field, and in life. He is also the author of Foundations of Coaching: The Total Coaching Manual.
