Open meetings violation possible, Commissoners say its politics, updated 12:30

City commissioners may have violated the Kansas Open Meetings Act recently. County attorney Chris Smith is investigating after a citizen filed a complaint.
The incident happened at a Cowley County Clean Air Coalition meeting on May 6 when three commissioners were in attendance.
Commissioners Mell Kuhn and Dotty Smith believe the complaint is driven by politics more than substance.
The three commissioners could legally be there together as long as they did not discuss city business or speak for the commission.
One of the commissioners said that the commission would not pass a smoking ban in Arkansas City.
Commissioner Patrick McDonald explained that this constitutes speaking for the commission and that was a violation.
"As soon as I heard that, I knew our goose was cooked," he said.
Commissioners Mell Kuhn and Dotty Smith were also at the meeting.
It was Smith that allegedly said the commission would not pass a smoking ban.
Today Smith said she never intended to speak for the commission.
"I told them that I believe this should go before a vote of the people and not be handled by the city commission," she said. She added that she did not remember saying the commission would not pass such a measure, but she said that even if she did, she was not intending to speak for the commission.
Kuhn said he did not recall the statement being made that the commission would or would not do anything, and he is angered that he and other commissioners are being accused of wrongdoing.
"This is absolutely ridiculous. This shows a lack of concern for the city as a whole by some people. It is just sensationalism," he said this morning. "It just shows the pettiness of some people."
Kuhn said the intent of KOMA regulations are to make sure government is transparent.
"They will be hard pressed to show we did that," he said.
Kuhn argued with the smoking ban supporters at the meeting. He and Smith were not supportive of the ban.
Kuhn said he believes the complaint may be retaliation by some people in the group because he opposed them.
"It could be them propagating this for their own gain," he said.
Smith agreed, saying that she thought there were people who were upset that commissioners were not agreeing with them.
Dotty Smith said she called County Attorney Chris Smith (not related) when she heard that there might have been a violation. She was told a citizen had filed a complaint.
Kuhn said he is not opposed to outlawing smoking in places like a courthouse, but he is opposed to telling private business owners what they may or may not do.
He said the complaint was driven by someone with an axe to grind.
"At the meeting no one else had the idea we were doing anything wrong," he said.
McDonald said it was "another commissioner" who said the commission would not pass a smoking ban.
McDonald said a citizen filed a complaint, so the county attorney has to investigate.
He said the incident should not have happened.
He said if all three spoke as individuals, there would not have been a violation, but once one of them spoke for the commission, it becomes a meeting.
County Attorney Chris Smith could not be reached this morning.
He was quoted in Newscow saying that often in this type situation, commissoners get a letter telling them to not do this again.

THIS story may be updated later today.

Here is a link to informaiton about Kansas Opem Meetings Act on the state attorney general's site.

http://www.ksag.org/content/page/id/140
here is a link to the clean air kansas group

http://www.cleanairkansas.org/