HUTCHINSON, Kan. — A community forum about Hutchinson's vacant Southwest District City Council seat sparked a tense exchange Tuesday evening after Councilmember Stacy Goss questioned whether the attendance of three fellow council members violated the Kansas Open Meetings Act.
The seat was previously held by Greg Fast, who resigned effective Oct. 5 after nearly five years on the council, citing personal reasons.
Following Fast's resignation, Mayor Scott Meggers said the city wanted the process of selecting a replacement to be open, fair and transparent.
However, questions surrounding that process surfaced Tuesday after Councilmember Darrin Truan reported attending a community gathering Monday evening at Avenue A School, where residents discussed the vacancy and what they wanted in their next representative.
Meggers and Councilmember Steve Garza also attended the gathering, meaning three of the council's four current members were present.
Truan said approximately 10 to 12 residents attended and expressed appreciation for their involvement in the appointment process.
"I just want to tell them I'm glad that they're being proactive and want to do what's best for their community," Truan said.
The discussion became contentious when Goss, who did not attend the forum, questioned whether the gathering had effectively served as an informal interview process for potential applicants.
"Seems like there's already been interviews conducted," Goss said.
When Truan asked when that had occurred, Goss responded, "Last night at the meeting that you three attended."
Goss said she understood that several individuals who had already applied for the vacancy attended the forum, along with other residents interested in the position.
She also said a list of applicants obtained through a Kansas Open Records Act request was available at the gathering.
"There were 18 people there, 18 to 20 people there," Goss said. "The applications had been requested by one of the residents in attendance under a Kansas Open Records Act request."
Open Meetings Act concerns
Goss questioned whether the presence of three council members constituted a quorum discussing public business.
"Sitting in opposite corners of the room does not avoid KOMA, and does not avoid a quorum," Goss said.
The Kansas Open Meetings Act governs meetings of public bodies and generally requires meetings involving a majority of a governing body and discussion of public business to be open to the public.
Goss argued that the subject of the gathering, which included discussion of the vacant council seat and qualities residents wanted in a replacement, raised questions about whether it should have been treated as a public meeting.
Meggers disputed the suggestion that the gathering constituted an improper council meeting.
He said the event was organized by Southwest District residents, not by the city, and that he was unaware the other council members planned to attend.
"We sat in different areas of the room, and there was no communication or discussion among the three of us about city business," Meggers said.
Meggers said council members answered questions from residents about the appointment process but did not discuss individual candidates, qualifications, preferences or how anyone intended to vote.
"I understand that three council members being present can raise a question under KOMA," Meggers said. "However, the law looks at more than just how many council members happen to be in the same room."
The mayor said council members should be able to attend community gatherings and answer questions from constituents without automatically raising concerns about legal violations.
"We have an obligation to be accessible to our community while following the law," Meggers said.
Garza also defended the gathering, saying council members attended independently and did not conduct any votes or make decisions.
"We didn't make no decision. We just listened," Garza said.
Garza argued that elected officials routinely encounter one another at public events and should not be prevented from interacting with residents.
Goss pushed back, noting that the gathering involved discussion of the council vacancy and the qualifications residents wanted in a replacement.
She also questioned why some gatherings involving council members had previously been promoted through city communication channels while Monday's event was not.
City attorney asked to review gathering
Interim City Attorney Jay Hinkel said he would need additional information before determining whether the gathering created an Open Meetings Act issue.
Hinkel noted that Goss had not attended the event and said he would want to speak with those who were present to determine what discussions occurred.
"I would want to do an investigation of the people who were there to find out what was said and what was occurring at the time," Hinkel said.
He indicated that whether council members engaged in interactive communication could be an important factor in determining whether a violation occurred.
"My initial inclination is, as Councilmember Garza said, the lack of interactive communication is probably going to be a deciding factor," Hinkel said.
Meggers asked Hinkel to review the circumstances surrounding the gathering.
No determination that an Open Meetings Act violation occurred was made during Tuesday's meeting.
Vacancy timeline could change
The exchange occurred as council members discussed when to appoint a replacement for Fast, whose resignation left the Southwest District without a representative.
Interim City Manager Gary Meagher said applications were scheduled to close Nov. 18, although the council could extend the deadline to Nov. 25.
Meagher said scheduling conflicts and the Thanksgiving holiday had complicated plans for a special meeting to review applications.
The council could instead consider applicants during its regularly scheduled Dec. 1 meeting.
Truan said he would prefer giving each applicant an opportunity to introduce themselves and address council members before a selection is made.
"Personally, I would like to hear from each individual," Truan said.
Goss again referenced Monday's gathering, suggesting that some council members had already heard from potential applicants outside a formal council meeting.
The council did not establish a revised application deadline or appointment date Tuesday.
Fast's replacement will be selected by the remaining council members to fill the vacant Southwest District seat.
The council's next regularly scheduled meeting is Nov. 17.