The Seward County Board of County Commissioners voted 5-0 to authorize engagement of Foulston Siefkin LLP to advise the county on questions related to the revenue-neutral rate and its 2026 budget and to allow the county administrator authority to expand the scope of that engagement as needed. The action followed discussion of the county counselor's planned transition and the need for legal continuity on pending matters.

County counselor Nathan, who told the commission he plans to remain through October and help transition pending matters, briefed commissioners on a number of ongoing issues including an upcoming tax sale. "We're just gonna publish the notice in the newspaper, to set a sale date," Nathan said, describing the final steps for the sale. He advised that statute requires three publications and that the sale must be at least 30 days after the first notice, and he said the county could likely hold the sale by the end of the year while distribution of proceeds could extend into next year.

Nathan told commissioners the county faces a wide range of legal work — employment, tax, revenue-neutral-rate questions, contracts and litigation — and said specialized firms are sometimes needed. He said smaller, local practitioners can handle many matters but that litigation and complicated tax questions often require larger firms. "It is almost impossible to do this on a part time basis or contract basis," one commissioner said during the discussion, urging a general counsel supported by specialty firms when needed.

Commissioners also agreed to issue a request for proposals (RFP) for general-counsel services while not excluding the option of hiring an individual attorney should a suitable candidate appear. The board discussed contract structures and budget implications; no specific dollar amount for a contract was set during the meeting.

The item to engage Foulston Siefkin followed review of a draft engagement letter provided to commissioners. The letter described hourly billing ranges for attorneys and staff, listed reimbursable costs and reserves the firm's right to request a retainer. Commissioners were told the firm's attorney rates ranged in the engagement letter from roughly $250 to $900 per hour depending on the attorney assigned, with paralegal and support rates listed separately. The board moved to authorize the chair and the county administrator to sign the agreement with the one change giving the county administrator authority to expand the scope of representation; the motion passed on a roll call with five votes in favor and none opposed.

The board recessed into an executive session for attorney-client consultation under KSA 25-4-319(b)(2) to discuss the status of pending matters and transition planning, then returned to open session and took the vote to engage outside counsel.

Commissioners said they expect to continue review of proposals, consider contract structure (in-house full-time counsel versus contract counsel supported by specialty firms) and to schedule a special meeting if needed to finalize engagements. Nathan urged commissioners to anticipate more questions on revenue-neutral-rate and tax matters before statutory certification deadlines and advised that outside counsel could be on standby and billed by the hour only if services were required.

The board did not set a firm termination date by motion for the county counselor; Nathan said he intends to attend through the October meetings and to assist with transition planning.