MARC JACOBS
Hutch Post
HUTCHINSON — A disagreement over a potential conflict of interest prevented the Hutchinson City Council from entering a closed session Thursday to receive a legal update on the Hutchinson Recreation Commission investigation.
The council held a special meeting Aug. 27 with two executive sessions on its agenda: one concerning the recreation commission investigation and another involving personnel matters related to City Manager Enrico Villegas.
Before the first closed session, Councilmember Stacy Goss asked Mayor Scott Meggers and Villegas whether they intended to add any action items that were not included on the published agenda. Both said they did not.
The council initially voted to enter executive session to consult with the city attorney about the recreation commission investigation and the city’s legal position. However, City Attorney Cody Smith then advised the council to withdraw the motion after Goss said she would not recuse herself.
Smith said Goss had a conflict of interest because of her husband’s position with the Hutchinson Recreation Commission Foundation. He said he could not provide privileged legal advice if someone not entitled to receive that information was present.
Goss disputed that position, saying she had consulted an attorney who advised her that she did not have a conflict and should not recuse herself.
Goss also questioned why Councilmember Darrin Truan was not being asked to recuse himself. Smith said Truan’s earlier recusal applied to his ex officio role with the recreation commission and not to his participation as a city council member.
Truan said he previously recused himself from a recreation commission executive session involving the Kansas attorney general’s investigation and left before that session began.
The council unanimously withdrew its motion for the recreation commission executive session and did not receive the planned legal update.
Council members then entered a separate executive session for about 45 minutes to discuss personnel matters requested by Villegas. The council returned to open session and adjourned without taking action.