Board splits 3-2 on allocating funds after executive session with state officials and Freeman Health System attorney.
FORT SCOTT, Kan. — Following a 30-minute executive session with state legislators and a high-ranking health system executive, the Bourbon County Commission voted 3-2 Monday to allocate $10,000 for legal fees and title work to investigate potential legal action involving an unspecified county contract.
Commissioner Gregg Motley initiated the executive session, citing K.S.A. 75-4139B4 to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trusts, and individual proprietorships. The five Commissioners were joined by County Counselor Bob Johnson, State Senator Tim Shallenburger, State Representative Rick James, and attorney Pamela Lanier, Director of Government Relations for Freeman Health System.
Upon returning to open session, Motley moved to set aside the funds. "I’m going to make a motion that we allocate $10,000 for legal and title work fees to explore legal action based on a county contract," Motley stated.
Chairman Samuel Tran opposed the motion, questioning the speed of the expenditure following the brief private meeting.
"I understand that time is important, but I think having a 30-minute conversation and pulling the trigger on something this critical is ill-advised," Tran said.
Commissioner David Beerbower voted in favor of the allocation, providing the necessary third vote alongside Motley and Commissioner Joe Allen. Commissioner Mika Milburn-Kee joined Tran in voting against the measure. Beerbower acknowledged the weight of the situation but indicated that more details would be forthcoming.
"I agree that this is critical and more information will probably come out as this thing moves forward," Beerbower said.
"My motion was to allocate up to $10,000 to seek a legal option as to violations of a contract agreement between the county and a private corporation," Motley said in a statement to the Bourbon County Monitor. “We will pay an attorney to review the documents to determine if there is a default in the agreement and what might be our remedies. Additionally, we will get an estimate of what it would cost to assert our claim and how much time it would take.”
The Monitor will provide additional coverage of the remainder of Monday's four-hour commission meeting in future reports.
