March 31, 2020 Tuesday 10:00 am-Special Meeting

The Bourbon County Commissioners met in open session for a special meeting, present by telephone were the Commissioners, Justin Meeks, Shane Walker and Kendell Mason.

Nick made a motion to go into a 30 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Shane Walker and Kendell Mason). No action was taken.

Jeff made a motion to go into a 30 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Justin Meeks and Shane Walker). After the session, Justin said they were discussing what the Courthouse operations would look like once the Courthouse re-opened.

Jeff made a motion to allow Lynne to have the ability to conduct meetings and do routine operations regarding the COVID-19 for the foreseeable future, Nick seconded, Justin said they are doing this to give Lynne the lead to facilitate issues as they come up, all approved the motion.

Justin Meeks said they hope to have another meeting scheduled by Friday of this week to discuss when to begin bringing employees back to work.

At 11:07, Nick made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jeff Fischer, Commissioner
(ss) Nick Ruhl, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
April 14, 2020, Approved Date

March 22, 2020 6:30 pm

The Bourbon County Commissioners met via telephone for a special meeting at the Emergency Preparedness Department located at 221 S. Judson, Fort Scott, KS 66701. Present for the meeting via telephone were the Commissioners and Kendell Mason. Shane Walker, William Wallis and Justin Meeks were present at 221 S. Judson.

Lynne made a motion to open the special meeting, Jeff seconded and all approved.

Lynne made a motion to go into a 10 minute executive session for matters relating to the security of a public body or agency, public building or facility or the information system of a public body or agency, if the discussion of such matters at an open meeting would jeopardize the security of such public body, agency, building, facility or information system, Jeff seconded and all approved, (the session included the Commissioners, Shane Walker, William Wallis, Bill Martin, Justin Meeks and Kendell Mason). After the session, Rebecca Johnson with the SEK Multi County Health Department joined the meeting.

William Wallis read the following:

COVID 19 PUBLIC HEALTH EMERGENCY RESOLUTION

WHEREAS, on the 22nd day of March, 2020, the Board of County Commissioners of Bourbon County, Kansas declared there was a state of local public health emergency in Bourbon County, Kansas resulting in potential or occurring Pandemic known as COVID 19, in Bourbon County, Kansas; and

WHEREAS, such conditions endanger the public health, safety and welfare of persons within the borders of Bourbon County, Kansas.

NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners of Bourbon County, Kansas:

That the state of local public health emergency in Bourbon County, Kansas declared on the 22nd day of March, 2020, shall continue and remain in effect until 60 days unless terminated earlier.

That the response and recovery aspects of all local disaster plans which are applicable to Bourbon County, Kansas and shall initiate the rendering of aid and assistance there under.

That any rights or powers lawfully exercised or any actions taken pursuant to local disaster emergency plans shall continue and have full force and effect as authorized by law for 60 days unless modified or terminated in the manner prescribed by law.

RESOLVED BY THE BOARD OF COUNTY COMMISSISONERS OF BOURBON COUNTY, KANSAS THIS 22nd, DAY OF March, 2020. Lynne made a motion to approve the COVID 19 Public Health Emergency Resolution, Nick seconded and all approved. Lynne made a motion to give William Wallis (by Proxy) the authority to sign all of the names on the document, Nick seconded and all approved.

Lynne made a motion to add to the 3/23/2020 agenda a 30 minute executive session for non-elected personnel to protect their privacy, Jeff seconded and all approved.

Lynne made a motion that the 3/23/2020 meeting be attended via phone by all, Jeff seconded and all approved. Lynne made a motion that none of the public attend the meeting, the meeting will be posted live on Facebook, Nick seconded and all approved.

Justin stated that at this time the Health Department is in charge of making any declarations.

At 7:00 pm, Lynne made a motion to adjourn, Nick seconded and all approved.

THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jeff Fischer, Commissioner
(ss) Nick Ruhl, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
April 14, 2020, Approved Date

March 24, 2020 Tuesday 11:00 am – Special Meeting-Coronavirus

The Bourbon County Commission met in open session for a special meeting (via a video meeting), the Commissioners, Justin Meeks, Shane Walker and Kendell Mason were present for the meeting.

Justin Meeks stated that Bourbon County has no authority on decisions regarding what is considered essential or non-essential business. He said the SEK Multi County Health Department is making decisions in regards to those orders. If anyone has questions regarding this they should contact the SEK Multi County Health Department at (620)223-4464.

Nick made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). After the session, Lynne stated that Bourbon County is in the process of working through issues at the Courthouse to help contain the Coronavirus. They are getting necessary work done to the Courthouse so that there will be limited contact with employees once the Courthouse opens back up to the public. They will be changing access points to protect both the employees and the public.

Lynne said in 2013 the Courthouse was closed due to a snow storm, at that time any hourly employee that was required to work during the snow storm was paid double time for worked hours; Lynne said KCAMP said paying double time could be changed by adopting a resolution.

Lynne made a motion to adopt Resolution 12-20 “The Board of County Commissioners of Bourbon County are changing the pay scale from double time to time and one half for worked hours for hourly employees that are designated essential and required to work during an emergency declaration.
Non-essential personnel are instructed to stay home during an emergency declaration.
If an employee would be required to work overtime during a disaster declaration, double time would be paid to an employee for overtime worked.
This Resolution is in effect starting at 12:00am on March 22, 2020”, Jeff seconded the motion, essential law enforcement, public works on an emergency basis, EMS and the Landfill are considered essential personnel. All approved and the motion passed. Lynne made a motion to assign Deb Schoenberger as the proxy for the Commissioners signatures on this Resolution, Jeff seconded and all approved.

Lynne said they were cancelling the meeting scheduled for 3/25/2020.

Lynne suggested that the public continue with social distancing, limit travel and stay safe regarding the Coronavirus.

Jeff discussed the growth rate for the Coronavirus, he said a single case of the Coronavirus in 20 days could grow to 2,131 cases if life goes on like normal and people do not follow the necessary guidelines to prevent the spread of the Coronavirus.

At 11:29, Lynne made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jeff Fischer, Commissioner
(ss) Nick Ruhl, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
April 14, 2020, Approved Date

March 23, 2020 9:00 am – Special Meeting – COVID 19

The Bourbon County Commissioners met in open session via phone with Lynne Oharah, Jeff Fischer, Justin Meeks, William Wallis, Shane Walker, Tammy Helm and Kendell Mason.

The Commissioners met to re-evaluate when to open the Courthouse up and to have an executive session regarding a non-elected personnel.

Lynne made a motion to open the meeting, Jeff seconded and the motion passed.

Yesterday evening the commission met in an emergency meeting to discuss the first confirmed COVID case in Bourbon County. Shortly thereafter,the Public Health Department issued a statement restricting business activities to reduce the spread of this virus. In addition to Bourbon County, Crawford and Linn Counties are under a “Lockdown” much like KC metropolitan area.

Justin Meeks said there is one confirmed case of COVID 19 in Bourbon County, on 3/22/2020 the Commissioners held a special meeting via phone to adopt the COVID 19 Public Health Emergency Resolution; Justin said this was done to assist in Federal and State funding. Justin said that we do not have an active COVID 19 case in the Courthouse.

The SEK Multi County Health Department issued an order on 3/22/2020 at 8:00 pm to restrict or prohibit business activities for all non-essential businesses and made recommendations for essential businesses to follow. This order limits the businesses contact with individuals.
Lynne read the following:

Lynne read the following:
State courts on emergency operations until further order

TOPEKA—The Kansas Supreme Court today issued Administrative Order 2020-PR-016 directing all district and appellate courts to cease all but emergency operations until further order.

The only exception is jury trials that are currently under way. They may proceed to conclusion, but no other criminal or civil jury trials will be scheduled until further order.

The Supreme Court anticipates the order to remain in effect for at least two weeks, at which time it will be reevaluated.

“This is an extraordinary measure to match the gravity of the COVID-19 pandemic,” said Chief Justice Marla Luckert. “We have a duty to protect the people who come into our courthouses and courtrooms, as well as our employees and judges. This action allows courts to fulfill core functions while reducing in-person contact.”

Emergency operations are outlined in the Administrative Order, and generally include:
• determining probable cause for persons arrested without a warrant;
• first appearances;
• bond hearings;
• warrants for adults and juveniles;
• juvenile detention hearings;
• care and treatment emergency orders;
• protection from abuse and protection from stalking temporary orders;
• child in need of care hearings and orders;
• considering petitions to waive notice for abortions by minors;
• commitment of sexually violent predators; and
• isolation and quarantine hearings and orders.
Referenced in the Administrative Order is 2020 House Substitute for Senate Bill 102. On its publication, the court’s Administrative Order will have the effect of suspending until further order all statutes of limitations and statutory time standards or deadlines that apply to conducting or processing judicial proceedings.

During the effective dates of the order, no action will be dismissed for lack of prosecution.

People who have business with a court are urged to try completing that business online, by phone, or by mail. If that’s not possible, the person can call the court for direction. A limited number of staff will be available to answer questions.

Chief judges of district courts are charged with identifying essential personnel—both judges and employees—needed to fulfill emergency operations.

The Administrative Order also applies to appellate courts, including the Supreme Court. Emergency operations for the appellate courts include:
• Appeals, motions, or original actions arising from the emergency operations of the district court;
• Any other appeal, motion, or original action requiring expeditious resolution.
“It is through our collective action that we will slow COVID-19’s spread,” Luckert said. “The courts will continue to serve the people of Kansas, but in a way that protects all of us.”

Lynne read the following from KCAMP (our liability insurance provider): Commissioner, to reinforce what I told you on the phone, counsel has advised that government employees, officials and volunteers are immune from liability when working pursuant to a declared disaster emergency (“disaster” includes “the occurrence or imminent threat of widespread or severe … injury or loss of life … resulting from any natural … cause, including… epidemics, contagious or infectious disease”). Except the immunity does not apply in the instance of “willful misconduct, gross negligence or bad faith” relating to precautionary measures.
To avoid “willful misconduct, gross negligence or bad faith,” those engaging in the activities should be free of symptoms (including fever) and engage in all appropriate precautionary measures (covering coughs/sneezes, disinfecting, handwashing, personal protective equipment, social distancing, etc.).
I will be drafting a communication to all members based on this information. Thanks for leading the charge!

Nick Ruhl joined in the conference call.

Lynne stated they have been discussing how to protect the employees and the public. Lynne stated it was his opinion to follow the SEK Health Departments’ declaration and close the Courthouse to the public for the next two weeks. Jeff made a motion to keep the Courthouse closed through 4/5/2020, Nick seconded and all approved. Lynne made a motion to continue the current pay process for the next two weeks, Jeff seconded and all approved. The Courthouse will be closed to both the public and non-essential employees through 4/5/2020. At this time, the employees who are not required to work will be off with pay and will not have to use sick or vacation time. At this time, the essential employees who have to work will be paid double time for time worked. Lynne asked that there not be any overtime during this pandemic. Jeff questioned if people were quarantined due to the Corona Virus would sick days apply; both Lynne and Nick didn’t think so. The County is trying to protect the employees as well as the public. The courts will be operating on an emergency bases, CNC and other cases deemed an emergency by the courts.

Jeff made a motion to cancel the next two Commission meetings (3/24 & 3/31) and if needed they will schedule an emergency meeting, Nick seconded and all approved.

Lynne made a motion to allow Shane to move forward with modifications needed to change how the offices will work with the public once the Courthouse opens back up to the public, Jeff seconded and all approved.

Lynne made a motion to go into a 30 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Shane Walker, William Wallis and Justin Meeks). No action was taken.

Jeff made a motion to give Lynne permission to talk to the County Attorney, Jacqie Spradling for matters concerning her job function, Nick seconded and all approved.

Lynne made a motion that William Wallis be allowed to talk to the department heads and elected officials about a letter from KCAMP, Jeff seconded and all approved.

Jeff made a motion to give Shane Walker the authority to discuss with the department heads the facility restraints regarding the COVID 19 virus, Nick seconded and all approved.

Lynne said this is a very serious time and they are taking steps to protect the public and employees and said they hope everyone stays safe and follows the Public Health Office guidelines.

Jeff said they have been looking at different models regarding protecting people from the Corona Virus; he felt a lockdown was the solution to help prevent the spread of the virus. He said the data suggests that one infected person will infect four more. He said with effective measures, including a lockdown, will help prevent or slow down the spread of this virus.

Jeff made a motion to adjourn, Nick seconded and all approved.

THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jeff Fischer, Commissioner
(ss) Nick Ruhl, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
April 14, 2020, Approved Date

March 16, 2020 Monday 2:30

The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.

Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Kendell Mason and the Emergency Manager Will Wallis). No action was taken.

Lynne made a motion to go into a 15 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Kendell Mason and the Emergency Manager Will Wallis). No action was taken.

Justin Meeks, Bobby Reed and Bill Martin met with the Commissioners and Will Wallis regarding the Corona virus; Lynne said if they were to close the Courthouse due to the virus, the Sheriff and the Jail would still have essential service (personnel) as well as the Landfill that would have to work.

Justin Meeks said he visited with the department heads and the departments could accommodate the closure. He said that District Court is expecting legislature to change the court system temporarily.

Bobby Reed said the jail is limiting intakes and has discontinued allowing visitors for 30 days. Anyone that is going to court is wearing masks and gloves.

Lynne made a motion to close the Courthouse for non-essential personnel as of 8:30 am Tuesday, March 17, 2020, and that the Commissioners meet again at 9:00 am Monday March 23rd to reassess the reopening of the Courthouse, only essential personnel will be required to work, the non-essential employees, (including part time employees) will be paid without having to use sick or vacation time, Nick seconded and all approved. The Landfill, Jail and Sheriff essential employees will be working.

Lynne made a motion that the Commissioners attend an emergency management meeting on 3/17/2020 at 2:00 pm, Nick seconded and all approved.

Nick made a motion that the Commissioners meet on 3/23/2020 at 9:00 am to further discuss the Courthouse closing, Lynne seconded and all approved.

At 3:58, Nick made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jeff Fischer, Commissioner
(ss) Nick Ruhl, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
April 14, 2020, Approved Date

March 12, 2020 Thursday 12:30 pm

The Bourbon County Commission met in open session for a special meeting. Commissioner Ruhl, Commissioner Oharah, the County Counselor and the County Clerk were all present.

Lynne made a motion to go into a 20 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and the motion passed, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne made a motion to go into a 10 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and the motion passed, (the session included the Commissioners and Justin Meeks). After the session, Lynne made a motion that he be able to meet with Alan Anderson to disseminate information received this week in open session, Nick seconded and the motion passed.

Nick made a motion to allow Lynne to meet with Jody Hoener, Lynne seconded and the motion passed.

At 1:07, Lynne made a motion to adjourn, Nick seconded and the motion passed.

THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jeff Fischer, Commissioner
(ss) Nick Ruhl, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
March 16, 2020, Approved Date