Bourbon County commissioners hold repeated executive sessions on personnel matters; no public action taken

Bourbon County commissioners repeatedly moved into executive session during a public meeting to discuss personnel matters involving non-elected employees under KSA 75-4319(b)(1), then returned to open session each time with no public action taken.

Commissioners identified by surname — Bierbauer, Weisenhunt and Milburn — and county legal counsel participated in the closed sessions, which the board said were intended “to discuss personnel matters of individual non elected personnel to protect their privacy.” The board announced return times for each recess; on each occasion commissioners said there was “no action” when they resumed open session.

The first motion to go into a 10-minute executive session occurred shortly after the meeting opened; participants said the three commissioners and counsel would be on the phone and the session would be held under the Kansas statute the board cited. The meeting record shows the board went into executive session multiple times during the proceeding and repeatedly announced a timed return to open session (for example, “we’ll be back at 04:11,” then later “we’ll be back at 04:22,” and “we’ll be back at 04:33”). Each time the commissioners returned and conducted roll call; the recorded responses indicated unanimous assent to the motions and unanimous assent at resumption. After the final return from closed session, a motion to adjourn was made and seconded.

The statute cited by the board, KSA 75-4319(b)(1), authorizes a governing body to meet in executive session to discuss personnel matters when privacy is required; the commissioners used that statute as the basis for the closed sessions they held during this meeting. The board did not announce personnel decisions or take formal votes in open session on any personnel matters during the meeting.

Because the discussions took place in executive session and the board reported “no action” on resuming open session, there is no public record in the transcript of hires, terminations, disciplinary actions, or other formal measures resulting from the closed-door discussions.

Meeting procedural items that commonly bookend public hearings — the pledge of allegiance and a prayer — were recorded before the first executive-session motion. Public comment or other substantive agenda items were not recorded in the transcript excerpt provided.

The commissioners indicated counsel participated by phone during the closed sessions. The board’s repeated use of the same statutory basis and its statements that the sessions were intended to protect individual privacy were the only substantive justifications recorded in the public portion of the meeting.