City Council - Special Meeting

All it is is the oil companies are making a kill and then they're buying the mail.

Go ahead and open the meeting and then we'll wait for him.

Oh, here she's coming.

I'm going to go ahead and call the meeting to order, the city council special meeting, August 11th, 2024. Mary, call roll.

Slow roll that.

Truen? Yes, here. Garza?

Here.

Fast?

Here.

Maggers?

Here.

Goss? I'm here.

There we go.

Item two is an executive session. So I need to, which one do you want me to read? I move the City Council recess into Executive Session pursuant to KSA 754319 for consultation with the City Attorney regarding matters protected by the attorney-client privilege concerning legal issues related to content and transmission of proposed City correspondence to include the City Manager, City Attorney, and any other City staff. Whose presence is necessary to aid in the discussion and open the meeting to resume the City Council Chambers at 4.31 p.m. Second.

Sure then.

Yes.

Garza. Yes. Goss. Yes. Best. Yes. Makers.

Yes.

Bye. Thank you.

for another 20 minutes.

So moved. Second. True. Yes. Garza. Yes. Goss. Yes. Fast. Yes. Yes.

Thank you. Bye.

We need to extend for 10 more minutes.

I thought we were going to go on a break.

Well, we can't. We have to extend it. We just can't go on a break. We have to extend it.

Yeah, I just recommend extending it, and then if you need a break, we'll start when you get in there.

Yeah. So moved.

Second.

Truly? Yes. Garza? Yes. Goss? Yes. Bass? Yes. Maggard? Yes.

Thank you.

Okay, so we'll reconvene back to open session.

Cody Smith, City Attorney. Thank you, Mayor and Council Members. The Council is being asked to consider two related actions today. both arising from a matter that the city became aware of recently. The Office of the Kansas Attorney General has issued investigative subpoenas to the Hutchinson Recreation Commission, the Hutch Rec Foundation, and the Dillon Nature Center Foundation. The city has been in direct communication with the Attorney General's Office, which has confirmed that the subpoenas have been issued and that they have been received. Our understanding is that the subpoena to the Recreation Commission was served several weeks ago. the recreation commission board of commissioners does not appear to have been informed of the investigation by the recipient of the subpoena at the same time the city has become aware of inaccurate information circulating in the community suggesting that the city of hutchinson is subject of investigation by the attorney general that characterization is not accurate the city is not a subject of any investigation by the attorney general's office In response to these two developments, the city has prepared a letter addressed to the members of the Board of Commissioners of the Hutchinson Recreation Commission that does the following. First, it formally notifies the Board of the Attorney General's investigation, identifying the entities to which subpoenas have been issued. Second, it describes the city's institutional role and interest, including the statutory functions the city performs with respect to the commission under Kansas law. Third, it addresses the historical arrangement under which a council member has served as ex officio on the board rather than the city treasurer, as the statute contemplates and describes the city's intent to move to the statutory structure going forward while working with the board on implementation of that. Fourth, it articulates the fiduciary framework applicable to the board's consideration of the matter and identifies certain considerations the board may wish to think about in fulfilling its responsibilities. Fifth, it corrects the inaccurate community information regarding the city. Six, it should be clear that the city has no desire now or in the future to assume any operational control over the Hutchinson Recreation Commission for the services it provides to the community. The city merely wishes to follow the statute and to fulfill what is required of it under Kansas law. The letter would be signed by the Mayor on behalf of the Council. It would be transmitted to the six members of the Recreation Commission Board of Commissioners immediately following the Council's action and the Council's being authorized to or asked to authorize the transmission of that letter. Also, in addition to that, the city will be issuing a press release addressing this very matter as well, so that it is crystal clear to the public what is true and what is not and what information is out there. So with that said, that is what is being requested of the council for purposes of this meeting, and I'll leave it at that. Thank you.

I'll move to approve the proposed city correspondence and have the mayor sign and authorize the city attorney to transmit it substantially in the form presented.

Second. Truin? Yes. Garza? Yes. Goss? Yes. Fast? Yes. Magers?

Yes. I would just be looking for a motion to adjourn. So moved. Second.

Truin? Yes. Garza? Yes. Goss? Yes. Fast? Yes.

Magers? Yes.