By John McLaughlin
Hutchinson Tribune Staff
HUTCHINSON—A planned executive session by the Hutchinson City Council went awry Thursday after a tense back-and-forth between the city attorney and Council Member Stacy Goss.
Meant to discuss an update on the state’s investigation of Hutch Rec, the session was approved but then quickly cancelled after City Attorney Cody Smith asked that Goss recuse herself from the closed-door meeting. She refused.
Smith asked that Goss not attend because she previously recused herself from discussing the investigation, underway by the Kansas Attorney General’s Office.
He also cited a conflict of interest per Goss’ husband, Trace Hughes, serving on the Hutch Rec Foundation, which was served a subpoena as part of the investigation.
“Based on that information, I cannot give privileged legal advice to the council if someone is present that is not entitled to receive privileged information,” he said before asking the dais to cancel the session, which occurred with a unanimous vote.
Goss said advice from personal legal counsel cleared her to attend the session.
“I was told not to recuse myself and that no conflict of interest existed,” she said.
Goss also took issue with Council Member Darrin Truan, the council’s ex officio member to the Hutch Rec Board of Commissioners, not being asked to recuse himself from the session.
Smith clarified that Truan recused himself from going into executive session with the Hutch Rec Commission. Truan also made a similar statement.
“That is what was discussed in terms of what he would recuse on,” Smith told Goss, later adding, “And I would also ask who your attorney is.”
Goss replied: “I don’t have to tell you that.”
The Kansas Attorney General’s Office recently issued subpoenas to Hutch Rec and its affiliated foundations, the Hutch Rec Foundation and the Dillon Nature Center Foundation.
Hutch Rec leadership has declined to comment on the investigation.
In early August, the council approved sending a formal letter to Hutch Rec, alerting it that city officials were aware of the investigation but not privy to details. The letter also reiterated that, despite community rumors, the city itself was not being investigated.
City leadership also has declined to comment on the investigation.
A second planned executive session was held successfully on Thursday to discuss “matters relating to the city manager.” No public action was taken.
The council meets again on Tuesday, Sept. 1, for its first regular session of the month.