State rules Peabody broke open meetings law
Staff writer
Peabody City Council violated state law when it conducted a closed-door session Aug. 11, the Kansas attorney general’s office has ruled.
The council failed to adequately summarize what would be discussed when it went into executive session to discuss non-elected personnel.
Record reporter Finn Hartnett objected at the time, citing previous rulings by the attorney general that it was insufficient to state only that the council would be discussing personnel matters of non-elected employees.
However, Mayor Catherine Weems rejected Hartnett’s warning, saying: “I’m not going to get more specific than that.”
The Record referred the matter to the attorney general’s office.
After asking Peabody city attorney Zachary Strella about the meeting, investigators from the office concluded that Peabody also failed to adequately record in its minutes the motion to go into executive session and failed to state in its minutes exactly when and where an open session would resume.
All three failings violate the Kansas Open Meetings Act, the attorney general’s office ruled.
The office opted not to pursue formal enforcement action but asked that:
- City council members, the city attorney, the city clerk, and other staff who deal with the council complete at least one hour of training about the Kansas Open Meetings Act within 45 days.
- Attendance at such training be documented in minutes or in affidavits confirming attendance and stating who conducted the training.
- City documents regarding procedures for executive sessions be revised to reflect all legal requirements.
- Copies of all material used for training about the Open Meetings Act be sent to the attorney general’s office for review.
Strella was told to provide a written report updating the attorney general’s office on the mediations no later than Nov. 6.
Assistant attorney general John Harris wrote that his office would “continue to monitor this matter for compliance with our request for remedial action.”
Harris’ letter notes that a public body may — but is not required to — conduct executive sessions and that it must follow specific procedures if it chooses to do so.
The motion to recess into executive session must include a statement describing the subject to be discussed, not just a “generic or vague summary” or a repeat of the legal justification (such as “personnel matters”).