Fagg then voiced a concern on violating open meetings laws and asked which of the 15 topics allowed for an executive session this would fall under.
An executive session to discuss legal matters caused disagreement among the El Dorado City Commission. The commission was holding a special meeting Monday afternoon, with the only agenda item an executive session to discuss legal matters. After a motion and second to go into executive session, Mayor Mike Fagg asked if the discussion was on water and City manager Herb Llewellyn told him it was. Fagg then voiced a concern on violating open meetings laws and asked which of the 15 topics allowed for an executive session this would fall under. Llewellyn said it was legal matters. "You are going to discuss something with an attorney that at some point in time may result in some action," he said. Fagg still didn't agree it should be an executive session discussion and pointed out some of the penalties if they violated the law, including $500 fines for each of the commissioners, as well as removal from office. "We're dealing with something serious when we do this," Fagg said. "I would like to get a second opinion." He wanted to call the Kansas League of Municipalities to get that second opinion, but the other commissioners felt they had an opinion already from the city's legal counsel. Commissioner Bill Young then called the question, saying they had been advised by legal counsel this falls under the requirements for an executive session. They voted 4-1, with Fagg opposed to go into executive session.