ERIE — Neosho County commissioners on Tuesday agreed to settle a civil lawsuit with a Fort Scott law firm over unpaid legal fees for former County Attorney Linus Thuston. The county commission agreed to pay $15,000.
The Reynolds Law Firm, P.A., of Fort Scott filed the suit in Neosho County District Court in July 2024.
The petition alleged that commissioners agreed to hire the law firm in 2017 to defend Thuston against disciplinary complaints. The law firm charged $250 an hour.
Tow of the docketed complaints went to a formal hearing before the Kansas Board of Discipline of Attorneys in late August 2021.
The petition states that the law firm invoiced Neosho County periodically over that time and those invoices were paid until around July 2021.
“Plaintiff received no notice from (the county commission) or (Thuston) that plaintiff’s employment was the subject of any dispute, and plaintiff relied upon the continued payment of its invoices, and the lack of notice of any dispute, in continuing to provide representation to (Thuston),” according to the petition.
Around September 2021, the county commission stopped authorizing payment of the Reynolds Law Firm invoices. As of the petition filing date, the law firm reported the county owed it $14,223.40 for work performed. In addition, the county owed another $8,311.80 for defending Thuston in two additional complaints for work performed as Neosho County attorney. The petition sought a total judgment of $22,535.20.
In 2021, Commissioner Nicholas Galemore raised questions about the Reynolds bill, noting that some of the ethics complaints related to Thuston’s private practice. At the time, in October 2021, Commissioner Gail Klaassen made a motion to approve the existing bills. Her motion died without a second.
On Tuesday, commissioners met in closed session to consult with Bret Heim, the county counselor, to discuss litigation. After returning to open session, commissioners voted 3-0 to approve the $15,000 settlement with the Reynolds Law Firm. The commission did not determine which fund would pay the settlement.
Commission to follow Trump order President Trump took office Monday and issued a number of executive orders, including one titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
See COUNTY, Page 2.
Part of the order states that the government would recognize two sexes, male and female, and that a man is biologically male and a woman is biologically female. Intimate spaces designated for women, girls or females (or men, boys or males) are to be designated by sex and not identity. The order rescinds previous orders issued by President Biden relating to gender and dissolves the White House Gender Policy Council.
“Each agency head shall promptly rescind all guidance documents inconsistent with the requirements of this order or the attorney general’s guidance issued pursuant to this order, or rescind such parts of such documents that are inconsistent in such manner,” the order reads.
While reviewing Neosho County policy on Tuesday, Commissioner Galemore questioned the final statement in a policy.
He didn’t read the policy out loud but indicated it related to gender terms. Neosho County is an equal opportunity employer. The policy statement in question reads, “The use of they/ their/them, within this policy, is meant to refer to all Neosho County employees (past, current or future) in an inclusive manner, regardless of gender identity or choice of pronouns.”
“Those terminologies are no longer…” Galemore said. Commissioner Klaassen finished his statement, “Acceptable.”
Human Resources Director Cindy Graff noted that language was on other policies as well.
Galemore mentioned Trump’s executive order. “It’s only he or she,” he said.
“These are our policies and this is the first one that we can change,” Klaassen said, adding that the inclusive gender terms should be removed.
Galemore said there are only two genders, male and female, the ones stated on birth certificates.
Graff said she would make the changes and bring it back to the commission for approval.
