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AG: KOMA Not Violated By Commission Emails

(KAIR)--The Kansas Open Meetings Act was not violated through an email exchange involving two of three Atchison County Commissioners, and one County staff member; however, a long running investigation by the Kansas Attorney General's Office does “not condone the Commission's use of email to even raise questions about business that should be discussed at an open meeting.”

Those findings were revealed in a letter, dated March 8, and received by MSC News Friday.

The correspondence follows an investigation launched after the news organization filed a complaint on August 26, 2016.

The emails in question were obtained after MSC News filed an open records request in August.

The email exchange, dated June 4, 2016, involved discussion pertaining to possible staff changes, and possible cost savings, at the Atchison County Lake.

The potential change, addressed by the County's Road and Bridge Superintendent, was sent to Atchison County's three Commissioners, but only two replied, with 3rd District Commissioner Bill Pohl doing so first, using the reply all email function.

2nd District Commissioner Eric Noll voiced his opinion by replying only to Pohl.

The Attorney General's Office, through their review, found that the issue was never acted on officially, and found no ill intent on the part of the two Commissioners.

As part of the investigation, the Commission did admit that while it believes it followed the letter of the Kansas Open Meetings Act, “the spirit of the KOMA may have been infringed.”

While there will be no punitive measures, the letter says the Commission has “stated a willingness to undergo training on the KOMA” and “recognizes the danger of serial communications.”

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