No Violation
City commissioners did not violate open meetings law
By Russ Morgan (Contact)
Friday, November 7, 2008
A complaint filed with the Lyon County Attorney concerning a violation of the Kansas Open Meetings Act (KOMA) turns out to have been a case of mistaken identity.
The complaint, filed last week, concerns the application by Westar for a conditional use permit to add improvements at its substation on South East Street. The complaint states that during the afternoon of Oct. 21, three members of the city commission met with Westar personnel at the substation, "held discussions with one another and observed the substation."
The open meetings act states that a gathering of a quorum of a governing body constitutes a meeting, and due notice to the public is required. In the case of the five-member city commission, a gathering of three members would be considered a meeting.
The complaint states that Vice Mayor Jeff Longbine, Commissioner Julie Johnson and Commissioner Kevin Nelson were present at the Westar substation that afternoon. An investigation discovered that Longbine was misidentified, and was not present at the substation with the other two commissioners.
Newsie (anonymous) says...
Just for the record, isn't it a majority of a quorum?
November 7, 2008 at 9:27 a.m. ( permalink | suggest removal )
Newsie (anonymous) says...
Never mind. I forgot KOMA has been amended.
November 7, 2008 at 9:31 a.m. ( permalink | suggest removal )
madpoet (anonymous) says...
I would think they would be happy that a couple of commissioners went to the site to check out their complaints of noise etc. I would see that as the commission taking the situation seriously.
November 7, 2008 at 9:49 a.m. ( permalink | suggest removal )