BOCC approves joint response to Open Meetings Act complaint, counsel says executive sessions protected by attorney‑client privilege

The Johnson County Board of County Commissioners on Sept. 25 approved a joint response to a Kansas Open Meetings Act complaint filed Aug. 13, 2024 by former Commissioner Charlotte O’Hara. Chief Counsel Peggy Trent told the board the contested executive sessions convened Aug. 1, 2024 were properly called to receive legal advice related to complaints filed under the Kansas Open Records Act (KORA), and that attorney‑client privilege justified keeping those discussions confidential.

‘‘These sessions were aimed to protect our privileged legal communications under the attorney‑client relationship,’’ Trent told the board. She said two executive sessions took place for a total of roughly 20 minutes and that the draft joint response lays out the legal basis for holding those sessions and responds to the former commissioner’s allegations.

Trent said the filing constitutes a complaint to the Kansas Attorney General’s Office and that the board’s response will be submitted immediately. The board noted the response represents the six commissioners who participated in the 2024 sessions; Commissioner Phil Brewer recused from drafting because he was not a commissioner at the time.

Commissioners thanked counsel and staff for the work putting the response together; one commissioner asked an approximate number of staff hours spent, and counsel estimated ‘‘probably in excess of 40–60 hours’’ among attorneys and support staff. The motion to approve the BOCC joint response was moved by Commissioner Allen Brand, seconded by Commissioner Hanslick, and passed unanimously by the six voting commissioners present.