Osage City Council accepts KOMA settlement

The Osage City Council has agreed to accept a settlement agreement offered by Osage County Attorney Brandon Jones after he determined council members violated the Kansas Open Meetings Act on Aug. 13 when they appointed a new council member by secret ballot, according to Osage City Attorney Rick Godderz.

At a special meeting Thursday night, Godderz said, the city council also decided to rescind the appointment of Bruce Schoepflin to fill the vacancy caused by the resignation of Rick Martin and void all other action taken at the Aug. 13 meeting.

City council members are expected to officially accept and sign the settlement agreement Tuesday night at the council's next meeting, he said.

More than 40 residents attended Thursday's night's meeting, many voicing support for the appointment of Denise Lauber to the once-again vacant council position, The Osage County Herald-Chronicle reported. The council chose Schoepflin over Lauber at the Aug. 13 meeting.

Thursday night, a motion to appoint Lauber to fill the vacancy failed, followed by city council members voting 4-3 in favor of appointing Schoepflin to the position and repeating the action taken at the Aug. 13 meeting, according to the Osage city newspaper.

Jones told The Topeka Capital-Journal on Wednesday that he investigated the city council’s actions after receiving complaints about a possible KOMA violation from Lisa Mendoza, assistant attorney general for Kansas, and Jeremy Gaston, managing editor of The Osage County Herald-Chronicle.

The settlement agreement requires the city council to receive training on the provisions of KOMA from the legal staff of the Kansas League of Municipalities or the Kansas Attorney General’s office within 90 days of the agreement date. Individual council members will be required to pay for the training.

By signing the agreement, city council members agree to not engage in future KOMA violations. If they do, the agreement will become null and void and Jones has the option to prosecute them.

The agreement doesn’t apply to “future and/or currently unknown” possible KOMA violations.

At the Aug. 13 meeting, council member Leroy Stromgen said council members also had used a secret ballot in May 2012 when Martin was appointed to fill a vacancy of the council. Linda Jones, Osage City administration, said Wednesday a secret ballot had been used at the meeting even though the minutes state the "council voted by open ballot." However, Godderz said it was his understanding the vote was not by secret ballot.

Jones said his office investigates possible KOMA violations only when a complaint is filed and no complaint had been filed about actions taken at the May 22, 2012, meeting. If a complaint were to be filed retroactively, he said his office would be required by law to investigate.

The penalty of violating KOMA is $500 per individual per violation.