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County counselor gives COMA training, warns three-member boards that "2 is the number"
Summary
A county counselor led a one-hour presentation on the Kansas Open Meetings Act for Dickinson County commissioners, warning that two members of a three-member board talking about county business outside a public meeting can create a prohibited meeting and outlining executive-session and livestreaming rules.
A county counselor delivered a one-hour training to the Dickinson County Board of Commissioners on the Kansas Open Meetings Act (COMA), emphasizing the statute's core purpose: "public business should be done in front of the public." The presentation focused on practical risks for small governing bodies and walked commissioners through common pitfalls that trigger enforcement by the attorney general.
The counselor repeatedly underscored the heightened risk for three-member bodies, saying, "2 is the number. That is important here." He explained that for a three-member commission two members speaking about county business outside an open meeting can constitute a meeting under COMA. He also described serial-meeting risks created by electronic messages or by using staff or administrators as conduits to assemble a majority outside public view.
The training covered notice and agenda practices, the elements and permissible subjects of executive sessions, and the rule that binding action cannot be taken while in executive session. The counselor warned that improperly noticed or clandestine meetings risk having actions voided and could expose commissioners to subpoenas and administrative enforcement by the attorney general. He recommended conservative practices—clear motions, documented reconvene times, and consulting counsel or staff when in doubt.
