Kansas AG says Johnson County didn’t break open meetings law after commissioner complaint

The Kansas Attorney General’s Office has found the Johnson County Commission did not violate the state open meetings law last year when it discussed salary raises for three top employees behind closed doors.

But, the office did call for Johnson County to implement some changes after discovering a few technical issues with how the commission has called closed meetings.

In a statement to The Star, county spokesman Andy Hyland said, “Johnson County is leading the way as we have amended our practices in accordance with this new direction from the Attorney General.”

Attorney General Kris Kobach’s office investigated the issue after Johnson County Commissioner Charlotte O’Hara filed a complaint last summer citing concerns that the board broke the Kansas Open Meetings Act, or KOMA. O’Hara, and Commissioners Becky Fast and Michael Ashcraft, all voted against going into the executive session on June 29 to discuss personnel, a topic permitted under the law.

The three commissioners worried the closed session veered into too broad of a discussion about general market adjustments to employee pay. But the commission’s four other members said the board legally met behind closed doors to discuss compensation for three high-level employees: the county manager, chief legal counsel and county auditor.

Under state law, a governing body may only discuss individual employees in closed session, but not general concerns affecting all employees. Following the complaint, the commission voted 4-3 to submit a response to the attorney general’s office saying they legally held the meeting.

After reviewing meeting recordings and statements from commissioners, the AG’s office found that the closed session was in compliance with the open meetings act and was solely held to discuss individual employee performance. The general pay plan was only discussed in that context, a letter sent this month from the attorney general’s office read. The office closed the complaint.

Overall, the AG’s office found that the commission has substantially complied with the law’s requirements. But while reviewing the complaint, the office did discover a few technical issues that weren’t previously raised.

Assistant Attorney General Amber Smith wrote in a letter to Johnson County chief legal counsel Peg Trent that the office requests the county take remedial action regarding three technical violations.

The office found that the commission routinely recessed into closed session without adequately stating the subject to be discussed. Motions to move to closed session were often too vague, not including a clear enough description of what was to be discussed or justification for doing so behind closed doors, the letter reads.

Examples, Smith wrote, could include stating that the closed session is held to discuss an employee’s contract or an employee’s performance. Smith said including such justification ensures “the public knows the reason given by the public body for holding any discussions outside of public view.”

Smith also wrote that commissioners at times improperly combined multiple topics into one motion to move into closed session. The board also has voted to extend the time of closed sessions without stating a complete motion as it should.

“This is a red flag the commission must heed to ensure it remains compliant with the KOMA,” Smith wrote.

Smith said the AG’s office found the technical violations did not result in the public’s rights being violated. But the AG’s office still called for the Johnson County Commission to complete at least one hour of KOMA training. The commission did the training last week.

The board must also establish a protocol to ensure it meets all of the requirements for calling closed session meetings moving forward.