By KALEY LYON

klyon@dailynews.net

Questions regarding the Ellis County Joint Planning Commission's legal and ethical practices were asked and addressed at Monday's Ellis County Commission meeting.

Tom Drees, Ellis County attorney, said he had asked the Kansas Governmental Ethics Commission if the board members were required to report financial interests.

In answering the question, the ethics commission said it is its opinion the zoning commissioners are not required to comply with statutes requiring this conflict of interest disclosure.

"My opinion was they did not. I had requested a Board of Governmental Ethics Commission opinion," Drees said. "They issued an opinion to us last week, and they concurred with that because (the zoning board) does not receive and expend tax dollars and they are an advisory board to the commission."

The commissioners are appointed, not elected, and are not paid for their service. The commission also acts only as an advisory board to the county commission, which is not bound to their recommendations. Furthermore, the commission does not have the authority to receive or have public money.

Because of these factors, the nine individuals who comprise the board are not required to file a disclosure, nor are they required to disclose personal relationships and abstain from voting, the document states.

While the board is not required to disclose conflicts of interest by state statute, the county commission does have the option of requiring this process in local legislation, Drees said.

While the law does not require it, best practice is another issue, he said.

"It certainly wouldn't be a bad practice to have them disclose any potential conflict of interest they have," Drees said. "I'm not here advocating one way or another. My position as county attorney is to look if there's been a violation of the law -- there has not -- to give you advice if you request it, and that would be you have the option to do that but you don't have to."

Another question asked is whether the zoning commissioners are required by law to take an oath of office.

County counselor Bill Jeter has requested an opinion from the attorney general's office but has not yet received a reply, he said.

County residents also spoke up about this issue, questioning the opinions issued.

John Schmeidler, Catherine, said that, while it was said the zoning board is not authorized to expend or spend tax dollars, the bylaws of the commission state the board can accept, receive or expend funds and services from budget funds authorized by the county commission. He also questioned whether all of the board's roles are strictly advisory.

"The zoning board, in my opinion, is subject to conflict of interest," he said.

In other business:

* Jacinta Faber presented information regarding wind turbine health-related issues and correspondence with Dr. Nina Pierpont regarding wind turbine syndrome.

* Mike Graf, public works administrator, discussed a revolving loan option from KDOT to fund repair of the Eighth Street bridge. Cost estimates total nearly $700,000. Commissioners tabled the information for further consideration.

* Graf discussed the solid waste report for April. Because of escalating fuel costs, the fuel cost adjustment is at all time high of about 28 percent. Because of increasing costs, commissioners discussed the possibility of implementing an Ellis County landfill instead of having refuse hauled. This discussion will continue at a later meeting.

* Information Technology Director Mike Leiker presented his monthly report.