Elk Count Commission violates KOMA law

Started by Patriot, January 10, 2012, 01:14:45 PM

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Patriot

#20
Read the minutes of the Elk County Commission meetings in this weeks Fallen Star and then read KSA 75-4319(a)(3) & 75-4319(c) below.  Any discrepancies?  If they can't get something this simple right (especially when it's a legal requirement), how in the hell can they 'manage' the county fairly, effectively & lawfully?  Or are they?  Subterfuge... now there's an interesting concept.

K.S.A 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. Any motion to recess for a closed or executive meeting shall include a statement of (1) the justification for closing the meeting, (2) the subjects to be discussed during the closed or executive meeting and (3) the time and place at which the open meeting shall resume. Such motion, including the required statement, shall be recorded in the minutes of the meeting and shall be maintained as a part of the permanent records of the body or agency.  Discussion during the closed or executive meeting shall be limited to those subjects stated in the motion.

K.S.A 75-4319(c)   No binding action shall be taken during closed or executive recesses, and such recesses shall not be used as a subterfuge to defeat the purposes of this act.  
 

(Emphasis added)
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