By Mike W. Ray
Southwest Ledger
LAWTON – Comanche County Commission Chairman Josh Powers unloaded a broadside Monday morning against fellow Commissioner Ryan John for rehiring a former county employee who has a lawsuit pending against the county.
“I feel that Commissioner John owes the elected officials of this county, and the taxpayers, an explanation of why he chose to ignore legal advice and rehired Mr. [Kenny] Curry, who is currently suing Comanche County in [Oklahoma City’s Western District] federal court,” Powers said.
Central District Commissioner Johnny Owens quickly made a motion to table this agenda item, but Powers overruled him, saying, “This is a situation that needs to be explained to the public.”
Eastern District Commissioner John “was advised multiple times by legal counsel – specifically the district attorney of Comanche County – to avoid all contact with Mr. Curry because he had retained counsel and was actively suing the county,” Western District Commissioner Powers said.
Continuing, Powers said, “I also believe Mr. John has disclosed confidential communications from executive sessions with Mr. Curry in what I would call a collusion to extort the maximum amount of money from our taxpayers and this county.”
“That’s a flat-out lie,” Ryan responded.
“Mr. John has also attempted to break the law and circumvent the Oklahoma Open Meeting Act by communicating with a third party,” Powers said.
“In fact, he has tried to use this third party to convince me that he has solved the lawsuit and negotiated with the complainant [Curry]. The amount [allegedly negotiated] just happens to be the maximum amount that had only been discussed in executive session. Knowing these amounts were discussed only internally, in executive session and not even brought out at mediation, there is no doubt that Mr. John and Mr. Curry are colluding against this county and its taxpayers,” Powers charged.
“At this point I can no longer in good faith negotiate this lawsuit with Mr. Curry, knowing he has been advised of all confidential communications that were discussed in executive session,” Powers said.
“I am making it clear that under no circumstances will I offer any taxpayer money to settle this suit above what the insurance company is willing to pay – if they are willing to pay anything at this point. I think this move may have blown that offer.”
John “continues to put his personal relationships in front of his duties to protect this county,” Powers said.
By rehiring Curry with a lawsuit pending, “You not only opened up potential liability for every elected official in this room, but also set a precedent that could be detrimental to our county and its workforce,” Powers said. “By hiring him back, you took away the only bargaining chip we had left.”
Powers asked John, “Where did you think the additional money was going to come from? Do you not understand any money we pay out of a fund that is not directly linked to a specific office is money technically taken out of the pockets of every elected official here? We use money in those accounts to fund other projects and needs of the other county offices.”
Powers claimed that, “This is not the first instance in the short time you have been in office that you have gone rogue and decided to do something against legal advice, and as a result put yourself along with the other elected officials in a bad position.”
John said he did consult with an attorney before rehiring Curry.
Powers pointed across the table to District Attorney Kyle Cabelka and said, “There’s our legal counselor. He is responsible for the well-being of this county.”
Speaking directly to John, Powers said his hope is that “public embarrassment might teach you the lesson you need to learn before you walk yourself into criminal charges. I will urge you one last time: follow the legal advice that is provided to the board of commissioners.”
Powers concluded with a warning to John: “You are now on my radar, sir, and if it continues I will take the necessary steps to hold you accountable.”