Seward County moves assistant administrator pay off landfill fund after legal review

The Seward County Board of Commissioners voted July 20 to shift Assistant County Administrator Brock Feiner's salary from the county landfill fund to the general fund and to allocate portions of his compensation to the departments he serves.

County Counselor Forrest told the board that Attorney General opinions on landfill-fund use are persuasive but not binding, and that landfill monies generally must be spent for items "directly related to the landfill," while the county has historically done an end-of-year transfer to cover administrative support. "There is no question that some of that employee's job functions directly relate to the landfill," Forrest said in open session. "But given the optics and the uncertainty, it makes practical sense to move that employee's compensation to the general fund now and true up at year end for the landfill's fair share." The board approved the change in a 3–1 vote.

Public commenters had urged the commission to examine whether paying the assistant administrator from restricted landfill fees was lawful. Jim Rice cited Kansas statutes and several Attorney General opinions arguing restricted solid-waste fees "may only be expended for purposes that directly relate to the statutory purpose" and urged the board to seek legal advice. After legal review in closed session, commissioners concluded the county was not necessarily violating the statute but chose to alter the funding arrangement to reduce future scrutiny.

The motion directs the county to move Feiner's salary to the general fund and then allocate shares of his compensation to the departments he supports based on time and work performed. The board took the action following multiple executive sessions focused on legal counsel and landfill matters; no fines or court rulings were announced. The board also asked staff to provide clearer documentation of how departmental shares will be calculated going forward.