Tow operators press Bourbon County over proposed sheriff contract requiring workers’ comp

Several local tow operators used the public-comment period to warn commissioners about language in a forthcoming sheriff’s towing contract that would require sole proprietors to carry workers’ compensation insurance.

Casey Johnson and Greg Post, among others, told the board they operate small, family or single‑owner towing businesses and said Kansas law or practice exempts sole proprietors in some circumstances from workers’ compensation coverage for themselves. They said requiring new coverage could remove independent operators from the county call rotation and impose substantial costs.

County counselor Justin Meek and other commissioners acknowledged the issue is complex and characterized it as a gray area of law and procurement practice. Counsel recommended that individuals submit written concerns to the sheriff and the commission and cautioned that if disputes alleging loss or breach of contract arise, litigation could follow and the county might be drawn into it.

Speakers also discussed call-rotation mechanics, indemnity provisions in the contract (hold‑harmless language for dispatch/county), and the practical effect of dispatch selecting the next available wrecker on liability chains. Commissioners said they would review the contract text, request written statements if litigation appears likely, and consider whether the commission should be involved in renegotiation or oversight of the contract process.

No formal change to the sheriff’s contracting authority was made at the meeting; commissioners suggested follow‑up with the sheriff’s office and staff review to clarify who sets contract terms and whether written state guidance can be obtained.