AG Derek Schmidt reaches settlement with Marshall County Board of County Commissioners over KOMA violation


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TOPEKA – (May 30, 2018) – Kansas Attorney General Derek Schmidt today executed a settlement with the Marshall County Board of County Commissioners to resolve a violation of the Kansas Open Meetings Act (KOMA).

In February, the attorney general’s office received a complaint alleging that the Marshall County Board of County Commissioners violated the KOMA by improperly discussing a matter in executive session. Upon investigation, the attorney general’s office determined that the Board violated the KOMA by recessing into executive session to discuss nonelected personnel, but did not discuss any matters regarding or related to nonelected personnel during the session. In addition, the investigation also revealed that the Board had violated the KOMA when its motion to recess into executive session failed to include a specific statement describing the subjects to be discussed during the executive session and the location that the open meeting would resume.

At the conclusion of the investigation, the members of the Marshall County Board of County Commissioners signed a Consent Order admitting that they violated the KOMA. The Board members have agreed to obtain training and provide written confirmation that each commission member has obtained the required training and agrees to not engage in any future violations of the KOMA.

A copy of the Consent Order, which was signed yesterday by the attorney general, is available at Information about requirements of the KOMA and the KORA can be found at

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Derek Nester
Derek Nester
Derek Nester was born and raised in Blue Rapids and graduated from Valley Heights High School in 2000. He attended Cowley College in Arkansas City and Johnson County Community College in Overland Park studying Journalism & Media Communications. In 2002 Derek joined Taylor Communications, Inc. in Salina, Kansas working in digital media for 550 AM KFRM and 100.9 FM KCLY. Following that stop, he joined Dierking Communications, Inc. stations KNDY AM & FM as a board operator and fill-in sports play-by-play announcer. Starting in 2005 Derek joined the Kansas City Chiefs Radio Network as a Studio Coordinator at 101 The Fox in Kansas City, a role he would serve for 15 years culminating in the Super Bowl LIV Championship game broadcast. In 2021 he moved to Audacy, formerly known as Entercom Communications, Inc. and 106.5 The Wolf and 610 Sports Radio, the new flagship stations of the Kansas City Chiefs Radio Network, the largest radio network in the NFL. Through all of this, Derek continues to serve as the Digital Media Director for Sunflower State Radio, the digital and social media operations of Dierking Communications, Inc. and the 6 radio stations it owns and operates across Kansas.

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