Overtime pay???

[Wilma]

So do all those facts pertaining to the pay schedule of our EMS mean that our paramedic/director is overpaid and on the take as the original post in this thread implied?

[Wilma]

I am back because I think I am wrong in stating that Jimmy Rader implemented the 10 hr. day for the road department.  I don't know when it was started except that they were doing the 10 hr. day before the courthouse went to it.  What I remember that Mr. Rader was connected with was in keeping the courthouse open during the noon hour.  Something I appreciated.

[Janet Harrington]

Wrong, wrong, wrong Janet.  You best go study the KOMA and all AG opinions and KS Appellate & Supreme Court decisions on the subject.  I'm too tired now to cite it all here, but it can easily be found.  Additionally, our county commission have only entered legally into executive session twice since May of this year.  I have a copy of a Petition for Injunctive Relief and Mandamus that cites the specific complaints.

I wil respectfully disagree with you, Patriot. However; right now I can't back up what I believe, so if you will give me a little time, I will do some research on this.

[Patriot]

I wil respectfully disagree with you, Patriot. However; right now I can't back up what I believe, so if you will give me a little time, I will do some research on this.

I'll be interested in your findings.  Please consider the following in your study:

1.  Attorney General opinion, in part...

Kansas Open Meetings Act (KOMA)
Michael J. Smith, Assistant Attorney General
Revision date: August 2009


5. Some of the subjects which may be discussed in an executive session:
a. Personnel matters of non-elected personnel
1. To discuss an individual, not groups. [AG Opins. No.
81-39; 88-25; 80-102. But see 13 Kan.App.2d 117 (1988)].
The purpose of this exception is to protect the privacy
interests of individuals. Discussions of consolidation of
departments or overall salary structure is not a proper topic.


2)  The fact that the commissioners did not address the specifics of salary of any single employee and that public employee wage amounts are public records.

3.  Ultimately, if nothing of a private nature is to be discussed (specifics of disciplinary action, personal family issues, etc. for example), entry into executive session for most all other matters is optional:


KSA 75-4319: Closed or executive meetings; conditions; authorized subjects for discussion; binding action prohibited; certain documents identified in meetings not subject to disclosure. (a) Upon formal motion made, seconded and carried, all bodies and agencies subject to the open meetings act may recess, but not adjourn, open meetings for closed or executive meetings.

Please notice the word 'may recess".  This wording does not create a mandate as was recognized in AG Opinion, in part:

Kansas Open Meetings Act (KOMA)
Michael J. Smith, Assistant Attorney General
Revision date: August 2009

3. The decision to hold executive session is discretionary; the KOMA never requires an executive session.


I await your conclusions.

[Janet Harrington]

I forgot to give an answer to this. Patriot is correct on the open meeting act. Thank you for the lesson.