Agreement discussed behind closed doors
A discussion relating to a payment in lieu of taxes agreement being worked on between the county and a wind farm developer was held behind closed doors Friday on the grounds that financial records of Expedition Wind would be revealed to commissioners.
Commission chairman Kent Becker initially said the reason for an executive session was for “attorney/client privilege,” but county counsel Brad Jantz corrected him to say the exception to the state’s open meeting law was on grounds of proprietary business matters and that Expedition would disclose financial data
related to what they could pay in lieu of taxes.
Kansas Press Association legal expert Max Kautsch said the information disclosed might or might not have risen to a level that permits a discussion to be held behind closed doors.
“They’re being at least somewhat transparent because they gave at least some explanation,” Kautsch said.
Kautsch said in order for discussion to rise to the level of “proprietary,” it must pertain to information truly confidential in nature.
Data related to financial affairs could go behind closed doors if Expedition planned to show commissioners their books, Kautsch said.
Last modified Oct. 30, 2019