Johnson County commissioners authorize KCC settlement testimony, approve lawsuit to recover payments and hold multiple executive sessions

Johnson County commissioners voted unanimously to authorize the chair to enter a settlement agreement and provide testimony in Docket No. 23-EKCE-775-RTS before the Kansas Corporation Commission and separately authorized the county's chief counsel to file a civil lawsuit seeking recovery of expenses paid to two former employees. The board convened multiple executive sessions under KSA 75-4319(b)(2) to consult with legal counsel on pending and potential litigation related to several county departments.

The motions were made on the record by Commissioner Myers. "I move the board to authorize the chair to enter into a settlement agreement and provide testimony in docket number 23 dash E K C E dash 7 7 5 dash R T S before the Kansas Corporation Commission," Commissioner Myers said during the meeting before the roll call. The motion to authorize settlement-related testimony was moved by Commissioner Myers and seconded by Commissioner Brewer and passed on a roll call vote of six in favor, none opposed.

Later, following an executive-session period, Commissioner Myers moved that the board "authorize the chief counsel to file a civil lawsuit on behalf of the county to recover expenses paid by the county to 2 former employees." That motion was moved by Commissioner Myers and seconded by Commissioner Allen Brand and likewise passed on a 6-0 roll call vote.

Earlier and between those formal votes the board repeatedly recessed into executive session. The board first recessed for a 10-minute executive session beginning at approximately 2:16 p.m. under KSA 75-4319(b)(2) to consult with legal counsel on pending litigation involving the county environment department. The board later recessed for a 10-minute executive session to consult with counsel about potential litigation involving financial management and administration, and then for a 30-minute executive session to consult on proprietary information relating to the Planning, Housing and Community Development Department. Commissioners stated the county manager, deputy county manager, the assistant county manager Adam Nourse, and the chief counsel would attend those sessions as appropriate. The board announced on the record when it returned from recess each time; no substantive details of the discussions were disclosed in open session.

Roll-call results for the recorded formal actions were: Commissioner Fast, aye; Commissioner Myers, aye; Commissioner Brewer, aye; Commissioner Ashcraft, yes; Commissioner Allen Brand, aye; Chairman Sherman Kelly, aye. Meeting minutes recorded the tally as six in favor, none against for both the settlement/testimony authorization and the authorization to file the civil suit.

The meeting record shows no further public details about the settlement terms, the parties to the litigation involving the environment department, or the two former employees named in the lawsuit motion. The board adjourned after returning from the final executive session and announced no additional actions were being taken.