Commission authorizes outside counsel to advise on data‑center matters, drawing criticism

The Leavenworth County Commission voted to authorize entering an agreement with Kutak Rock to provide legal services related to the proposed data‑center development and associated legal matters, after staff described a procurement review and conflicts checks.

County staff said the county’s procurement policy called for a qualifications process and a selection committee reviewed several firms; staff noted Cloverleaf provided $450,000 to pre‑fund third‑party consultants and legal review. "Kutak Rock has a reputation of representing municipalities," a staff member told the board and said the county, not the developer, would be the client for the firm’s work.

Several residents and commenters questioned whether a firm that, in public materials, describes experience working with or promoting data‑center development could be impartial. "They don't even say they help with data centers and dealing with data centers, they say we promote them," Kim Culbertson told commissioners, urging dual or neutral expert hires. Another speaker said selection committee composition and conflicts checks should be transparent.

A commissioner announced they would vote against the engagement because they had opposed acceptance of developer money earlier; other commissioners described the hire as a defensive step to ensure the county has experienced municipal legal counsel for complex development matters. The motion to enter the agreement passed; the board directed staff to proceed with representation agreements and to involve counsel in drafting regulations and review tasks.