Resident accuses economic development staff of secret talks with Evergy; counsel and commissioners cite Open Meetings Act exception

Diane Dannen, speaking during public comment at the Osage County commission meeting on Jan. 13, accused the economic development director of scheduling ‘‘secret executive session meetings’’ with utility company Evergy and said the practice amounted to favoritism and harm to taxpayers. "Please tell Energies our county is not for sale," she said during her remarks.

Dannen cited regional reporting and regulatory actions by the Kansas Corporation Commission as reasons for concern, alleging that Evergy’s projects would drive up rates and that private meetings before planning board consideration created an appearance of improper influence. The chair responded that the economic development director works at the commission’s direction and does not act independently. County counsel explained that the Kansas Open Meetings Act includes a confidential-data/trade-secrets exception—often called the economic-development exception—that permits closed sessions when necessary to discuss the financial affairs or trade secrets of a corporation. Counsel said such calls are discretionary and subject to legal criteria.

Counsel also told the commission that commissioners can halt discussions, require planning-board review, or walk out of an executive session if they are uncomfortable and that the use of the exception is a judgment call made case-by-case. No formal policy change was adopted; the commission recessed later to an executive session under the confidential-data/trade-secret exception to discuss proprietary financial matters with invited guests and returned with no action taken publicly.

The exchange reflects a tension between the county’s interest in recruiting economic projects and the public’s demand for transparency; it also highlights the limited legal framework available to local governments when companies deem proposals commercially sensitive.