Commission explains executive sessions; counselor says solar-contract talks require private negotiation

Several commissioners expressed public concern about the commission's use of executive sessions for discussions related to a proposed solar farm. County counselor Bill Jeter explained the legal basis for executive sessions and described what has been discussed in closed meetings: mainly contract terms such as payment-in-lieu-of-tax agreements and road maintenance provisions. "The only discussions that we've had in executive session have related to the specific contract terms," he said, and emphasized that those negotiations are attorney–client privileged.

Jeter told the commission that any final agreement would be reached in open session and that the county's consultant counsel from Wichita has been negotiating terms with the developer and their counsel. "There can be no final decisions or decisions made in executive session. Any final decisions need to be made at the open meeting," he said. The commission recessed first under the nonelected personnel exemption for a personnel matter (20 minutes, then a 15-minute extension) and then for attorney–client-privileged discussion about solar project documentation (60 minutes with a subsequent extension). Each time the commission returned to open session the chair stated that no final decisions had been made during the executive sessions.