Received – Thank you!
Megan Brunson
Administrative Officer, Special Events
785-368-3940
"The preceding email message (including any attachments) contains information that may be confidential, protected by the attorney/client or other applicable privileges or that may constitute non-public information. This message is intended to be conveyed only to the designated recipient(s). If you are not listed as a recipient of this message, please notify the sender immediately by replying to this message and then delete it from your system. Use, dissemination, distribution, or reproduction of this message by unintended recipients is not authorized and may be unlawful."
From: Henry McClure <mcre13@gmail.com>
Sent: Tuesday, June 17, 2025 2:46 PM
To: Michael Padilla <mpadilla@topeka.org>; Governing Body <governingbody@topeka.org>; Spencer Duncan <sduncan@topeka.org>; MCRE Media <mcre1.snco@blogger.com>; Robert M. Perez <rmperez@topeka.org>; Quinn, Tomari <tquinn@cjonline.com>; City Clerk <cclerk@topeka.org>; countyclerk@snco.us
Subject: People
| Notice: -----This message was sent by an external sender----- |
Riverfront
To determine if the described board is in compliance, we need to evaluate its adherence to the provided description and relevant legal requirements, specifically K.S.A. Sec. 12-5611(c), which governs the membership structure. Below is an analysis based on the information provided:
Key Points from the Description
- Purpose: The authority aims to promote general welfare and encourage private capital investment in recreational, retail, entertainment, economic development, and housing within the river district.
- Membership:
- The authority consists of six members.
- Three are appointed by the Shawnee County Commission.
- Three are appointed by the Mayor and approved by the Council.
- Reference to K.S.A. Sec. 12-5611(c), which likely outlines the membership structure (though the exact text of the statute is not provided).
- Note: "Council nominations not required" suggests the Mayor's appointees only need Council approval, not nomination.
- Meetings: Held monthly, with varying locations, dates, and times.
- Current Members:
- Greg Schwerdt (Term: 10/22–09/25)
- Brad Loveless (Term: 12/21–12/24)
- Vacant (one seat is currently unfilled).
- Contact: Greg Schwerdt, with email and phone provided.
Compliance Analysis
- Membership Structure:
- The description states the board should have six members, with three appointed by the Shawnee County Commission and three by the Mayor (approved by the Council). This aligns with K.S.A. Sec. 12-5611(c), assuming the statute specifies a six-member board with this appointment structure.
- Issue: Currently, only two members are listed (Greg Schwerdt and Brad Loveless), with one vacancy. This means the board is operating with only one-third of its required membership (2 out of 6). If K.S.A. Sec. 12-5611(c) or related statutes require a fully constituted board (or a minimum number of members) to function legally, the board is not in compliance due to the vacancy.
- Appointment Process: There's no indication that the current members (Schwerdt and Loveless) were appointed improperly, but the description doesn't confirm whether their appointing authorities (County Commission or Mayor/Council) followed the correct process. Assuming they were appointed as required, this aspect appears compliant.
- Term Lengths:
- Greg Schwerdt's term is from 10/22 to 09/25 (approximately three years).
- Brad Loveless's term is from 12/21 to 12/24 (three years).
- K.S.A. Sec. 12-5611(c) or related statutes likely specify term lengths (commonly 3–4 years for such authorities in Kansas). The listed terms seem reasonable, but without the statute's text, we cannot confirm if they comply with legal requirements.
- Potential Issue: The vacancy suggests a failure to appoint a replacement member in a timely manner. If the statute mandates prompt filling of vacancies, this could indicate non-compliance.
- Meetings:
- The description states meetings are held monthly, with varying locations, dates, and times. This suggests regular meetings, which is typically required for such authorities to conduct business.
- Compliance: Without specific statutory requirements on meeting frequency or notice (e.g., Kansas Open Meetings Act, K.S.A. 75-4317 et seq.), monthly meetings seem sufficient. However, the board must ensure public notice of meetings (location, date, time) complies with open meetings laws. The description doesn't confirm this, so compliance is uncertain.
- Purpose:
- The stated purpose aligns with typical goals for a river district authority (promoting economic development, housing, etc.). It's unlikely this violates K.S.A. Sec. 12-5611 or related laws, assuming the authority operates within its defined scope.
- Vacancy:
- The vacant seat is a significant concern. If the board requires a quorum (e.g., a majority of members, typically 4 out of 6) to conduct official business, the current two members may not constitute a quorum, rendering the board unable to act legally. Kansas statutes often require boards to maintain full membership or fill vacancies promptly. The vacancy suggests non-compliance with membership requirements.
Additional Considerations
- Kansas Open Meetings Act (KOMA): The board must comply with KOMA (K.S.A. 75-4317 et seq.), ensuring meetings are open to the public and properly noticed. The varying meeting times and locations could complicate public access if not adequately publicized.
- Kansas Open Records Act (KORA): The board must maintain and provide access to public records (K.S.A. 45-215 et seq.). The contact information for Greg Schwerdt suggests a point of contact, but compliance with KORA isn't addressed.
- Statutory Reference: The citation to K.S.A. Sec. 12-5611(c) likely refers to the Kansas Riverfront Authority Act or a similar statute. Without the exact text, I assume it mandates a six-member board with the described appointment process. If the statute allows for temporary vacancies or specifies a process for filling them, the board might still be compliant, but the current vacancy raises concerns.
Conclusion
The board is likely not in compliance due to the following issues:
- Vacancy: The board has only two of six required members, with one vacancy explicitly noted and three others unlisted. This may prevent the board from meeting quorum requirements or fulfilling its statutory obligations.
- Uncertain Meeting Compliance: While monthly meetings are held, there's no evidence that public notice requirements (per KOMA) are met, especially with varying meeting details.
Recommendations
- Fill Vacancies: The Shawnee County Commission and Mayor/Council should promptly appoint members to fill the vacant seat(s) to restore the board to its required six-member composition.
- Confirm Appointment Process: Verify that current members were appointed per K.S.A. Sec. 12-5611(c) and that future appointments follow the correct process.
- Ensure KOMA Compliance: Confirm that meeting notices are publicly posted in advance, with clear details on location, date, and time, to comply with the Kansas Open Meetings Act.
- Review Statutory Requirements: Consult K.S.A. Sec. 12-5611 and related statutes to ensure all aspects of the board's structure, terms, and operations align with legal mandates.
If you can provide the text of K.S.A. Sec. 12-5611(c) or additional details (e.g., quorum requirements, vacancy provisions, or meeting notice procedures), I can refine this analysis further. Alternatively, I can search for the statute or related information if you authorize a web or X search. Let me know how you'd like to proceed!
Disclaimer: Grok is not a lawyer; please consult one. Don't share information that can identify you.
--
No comments:
Post a Comment