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Commissioners recess to two executive sessions on litigation and confidential data; no action taken

Board of Pottawatomie County Commissioners · April 6, 2026
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Summary

The board held two executive sessions — one under K.S.A. 75-4319(b)(2) for potential litigation and another under K.S.A. 75-4319(b)(4) for confidential trade-secret data — both ending with no action taken, according to the minutes.

The board recessed to an executive session at 9:01 a.m. under the Attorney-Client Privilege Exception (K.S.A. 75-4319(b)(2)) to discuss potential litigation. Commissioner Merl Page made the motion, Commissioner Deloyce McKee seconded, and the motion carried 5-0. Attendees in that session included Assistant County Administrator Heather Gladbach, County Counselor Bernard Irvine and Zoning Administrator Gregg Webster. The session concluded at 9:06 a.m. with the record stating no action was taken.

Later the board recessed again at 10:05 a.m. for up to 60 minutes under the Confidential Data (trade secrets) exception (K.S.A. 75-4319(b)(4)); Commissioner Merl Page moved and Commissioner Deloyce McKee seconded the motion, which carried 5-0. The second executive session included several NEER representatives (Sherman Bernett, Billy Wilkens, Alan Anderson, Cody Bingham, Jonnathan Salazar, Derrik Post, Mitchell Harris and Levi Henry) along with county staff. The board resumed at 11:05 a.m. and the minutes record no action resulted from that session as well.