Kansas Attorney General Derek Schmidt

General@ksag.org

Mr. Attorney General,

Please accept this as a signed complaint regarding Johnson County Board of County Commissioners refusal to supply documents as a result of a legal KORA request dated March 17, 2012 viewed here ICLEI Kansas Open Records Request and the response dated March 20, 2012 viewed here ICLEI-kora-response .

Following a similar complaint filed with your office Clarion KORA Request and the response provided by Johnson County Clarion KORA Response and with The AG’s involvement and intervention, The County acknowledged public access dated March 30, 2012 here JoCo Concedes Clarion .

This current complaint demands of The County the same public access to ICLEI members only information that is only accessible to few County Staff and elected officials.  This complaint remains that The County has access to tax paid ICLEI information that The County uses in a variety of means and methods yet remains inaccessible to the public.

I respectfully request that this complaint remain in control of your office and not forwarded to the Office of Johnson County District Attorney Steve Howe. Sitting County Commissioners violated the County’s Home Rule Charter by endorsing Mr. Howe during the 2008 campaign Section 2.07. PROHIBITIONS. No Commission member shall directly interfere with the conduct of any agency or any department, or any part thereof, including the appointment or removal of employees, except at the express direction of the Commission or as otherwise provided by this Charter.

As the District Attorney, I have met with him personally or with immediate Staff on two occasions submitting two complaints on the conduct of one or more of the Commissioners. With multiple follow-ups on my part, now more than two years later there has been no decision rendered by the DA Office and consistent with this recent report on “Transparency” http://www.stateintegrity.org/

The County Cites KSA 45-217g “”Public record” means any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency including, but not limited to, an agreement in settlement of litigation involving the Kansas public employees retirement system and the investment of moneys of the fund. http://www.kslegislature.org/li/b2011_12/statute/045_000_0000_chapter/045_002_0000_article/045_002_0017_section/045_002_0017_k/

Johnson County tax payers provide $3,500 annually which includes access to non-public information on and with ICLEI. Prior directions from the Kansas Attorney General’s Office http://ag.ks.gov/docs/publications/kansas-open-records-act-(kora)-guidelines.PDF?sfvrsn=2

• Computer data is a “record.” State ex rel. Stephan v. Harder, 230 Kan. 573, 582 (1982) (considering prior records statute). A.G. Opins. No. 87-137, 88-152, 89-106, and 94-104

• Albeit temporary (although printable and saved), when accessing “Member” information the County is in “possession” of material that should be Public.

The lawfully executed KORA request dated March 17, 2012 attempted to make public information that was paid for by The County with tax dollars but only accessible to a few.

Respectfully Submitted,

http://www.americansforprosperity.org/013112-sustainable-development-guest-column-sedgwick-county-commissioner-richard-ranzau

NOlathe’s portion of presentation.

Introduction to “free market solutions to saving energy”

Introduction to Agenda 21/ International Council for Local Environmental Initiatives (ICLEI)

Introduction to Mr. Tom DeWeese

Introduction to George Soros

Introduction to Occupy Wall Street

Introduction to Milton Friedman

Introduction to “Been there done that”.

Search Results:  ICLEI   http://www.naco.org/searchcenter/pages/results.aspx?k=iclei

County Energy Efficiency and Renewable Energy Portal

http://www.naco.org/programs/csd/pages/countyenergyefficiencyandrenewableenergygenerationtoolkit.aspx – 58KB

Valerie Brown reflects on her NACo presidency

http://www.naco.org/newsroom/countynews/current issue/7-19-10/pages/valeriebrownreflects.aspx – 27KB

Local Government Going Green

http://www.naco.org/legislation/policies/urbancaucus/documents/naco local government going green oct 2010.pdf - 3MB – fripple – 10/25/2010

NACo e-News 9/28/2010

http://www.naco.org/newsroom/enews archives1/enews_09282010.pdf - 197KB – NACo – 11/13/2010

CNSSA070207.1-16.indd

http://www.naco.org/newsroom/countynews/archives/documents/2007/cnews-jul2-07.pdf – 2MB – 2/23/2010

http://www.naco.org/newsroom/countynews/archives/documents/2008/cnews-feb25-08.pdf – 1MB – 2/23/2010

http://www.naco.org/newsroom/countynews/archives/documents/2007/cnews-oct1-07.pdf – 1MB – 2/23/2010

CNSSA032607.1-20.indd

http://www.naco.org/newsroom/countynews/archives/documents/2007/cnews-mar26-07.pdf – 1MB – jack – 2/23/2010

march 1, 2010 county news.pdf

http://www.naco.org/newsroom/countynews/archives/documents/2010/march 1, 2010 county news.pdf – 1MB – 6/7/2010

cnewsjuly19-2010-web.pdf

http://www.naco.org/newsroom/countynews/archives/documents/2010/cnewsjuly19-2010-web.pdf – 2MB – 7/14/2010

National Association of Counties
Washington, D.C.   www.NACo.org            

You are here: NACo > News Room > County News > Current Issue > July 19, 2010 – Vol. 42 No. 14 http://www.naco.org/newsroom/countynews/current%20issue/7-19-10/pages/valeriebrownreflects.aspx

 

Valerie Brown reflects on her NACo presidency Valerie Brown Sonoma County, Calif. Each year, County News asks the outgoing NACo president to reflect on the highlights of her or his term. Following are the thoughts of outgoing NACo President Valerie Brown, Sonoma County, Calif. supervisor. How would you describe your year as NACo president? Exhilarating, challenging, thought-provoking and rewarding. The opportunity to be in a leadership position of such an outstanding organization has broadened my understanding of our diverse country, the counties, parishes and boroughs responsibilities and the place of local government in the global economy. It has strengthened my resolve that the best form of government is county government and those that have chosen public service have made great sacrifices to place their constituencies first. What was the most challenging part of your role as president? TIME. Knowing my role as president was only for 365 days, I was committed to filling each day with new experiences, traveling to State Association conferences, frequent trips to our U.S. capital, and returning to my own district with a demanding schedule, plus being chair of the Sonoma County Board of Supervisors. The most frequently asked question was, “how do you do it all?”… I experienced a chronic case of fatigue, and felt blessed and rewarded every day because of the people I met and the places I visited. What did you find most interesting or exciting? Finding that although we wear the same hat (counties-parishes-boroughs) we are very different in meeting the demands of those we serve. I loved the exhilaration of talking to elected officials all over the world, being shown parts of the country I had only dreamed of visiting and learning new innovations, and best practices in dealing with fundamental problems of leadership during tough economic times. What advice would you give your successor? Make the most of every day; the time flies by! The federal agenda frequently omits the role we play in government. Bringing congressional members and the White House into an understanding is tedious, time consuming and at times frustrating — but essential if we are to receive the funds and policy development that works for the programs we provide and the people we serve. What’s next for Valerie Brown? I am passionate about healthy communities and as a board member of ICLEI USA will continue to advocate for energy efficiency and climate protection locally and globally. Making sure that health care reform is implemented with little cost to local government is another key focus of mine. I look forward to the presidency of Glen Whitley and furthering the positions that our members of NACo have developed through their work on steering and standing committees.   Any final thoughts? Don’t spend a moment of time regretting what you could have done….Just do it…the rewards are so sweet….

 

Kansas Attorney General Derek Schmidt

General@ksag.org

Mr. Attorney General,

Please accept this as a signed complaint regarding Johnson County Board of County Commissioners refusal to supply documents as a result of a legal KORA request dated March 18, 2012 viewed here Clarion KORA Request and the response dated March 20, 2012 viewed here Clarion KORA Response . 

I respectfully request that this complaint remain in control of your office and not forwarded to the Office of Johnson County District Attorney Steve Howe.  Sitting County Commissioners violated the County’s Home Rule Charter by endorsing Mr. Howe during the 2008 campaign  Section 2.07. PROHIBITIONS. No Commission member shall directly interfere with the conduct of any agency or any department, or any part thereof, including the appointment or removal of employees, except at the express direction of the Commission or as otherwise provided by this Charter. 

As the District Attorney, I have met with him personally or with immediate Staff on two occasions submitting two complaints on the conduct of one or more of the Commissioners.  With multiple follow-ups on my part, now more than two years later there has been no decision rendered by the DA Office and consistent with this recent report on “Transparency” http://www.stateintegrity.org/

The County Cites KSA 45-217g “”Public record” means any recorded information, regardless of form or characteristics, which is made, maintained or kept by or is in the possession of any public agency including, but not limited to, an agreement in settlement of litigation involving the Kansas public employees retirement system and the investment of moneys of the fund. http://www.kslegislature.org/li/b2011_12/statute/045_000_0000_chapter/045_002_0000_article/045_002_0017_section/045_002_0017_k/

Before dissecting the County’s response, allow me to provide some history:

• Citizens’ Visioning Committee formed by The County Commission on September 17, 2009 to develop 20 year plan towards “sustainability” submits request to hire Clarion Associates as a “professional facilitator”  at a sum not to exceed $194,685.  Clarion Justification 9.17.2009 
• Clarion “Proposed Scope of Work” Clarion Bid 4.13.2010 
• Signed Clarion Contract Clarion Contract
• Clarion Associates web site http://www.clarionassociates.com/services/planning/sustainable-community-plans/
• Clarion “Client Access”  http://clarion.filestockpile.com/ 

Johnson County Board of County Commissioners selectfully formed a committee to create a 20 year plan and then hired a facilitator at $194,685 to direct the committee to a pre-determined conclusion (that’s what facilitators do).  That brings us to the basis of this submitted Complaint.

Johnson County tax payers provided $194,685 which included access to non-public information on and with Clarion. Prior directions from the Kansas Attorney General’s Office http://ag.ks.gov/docs/publications/kansas-open-records-act-(kora)-guidelines.PDF?sfvrsn=2

• Computer data is a “record.”  State ex rel. Stephan v. Harder, 230  Kan. 573, 582 (1982) (considering prior records statute). A.G.  Opins. No. 87-137, 88-152, 89-106, and 94-104

• Albeit temporary (although printable and saved), when accessing “Client” information the County is in “possession” of material that should be Public.

The lawfully executed KORA request dated March 18, 2012 attempted to make public information that was paid for by The County but only accessible to a few.

Respectfully Submitted,

Voice For Liberty in Wichita

Individual liberty, limited government, and free markets in Wichita and Kansas

Kansas rates low in access to records

by Bob Weeks on March 19, 2012

The organization State Integrity Investigation has conducted an investigation of how states rank regarding integrity and protection against corruption. According to SII, “The State Integrity Investigation is an unprecedented, data-driven analysis of each state’s laws and practices that deter corruption and promote accountability and openness.”

Overall, on the “Corruption Risk Report Card,” Kansas received a letter grad of “C,” ranking it ninth among the states. Journalist Peter Hancock wrote the story for Kansas, opening with “Kansas has a history of enacting major reforms in the wake of scandals. But in the absence of any major uproar, the state is often inclined to leave things as they are, even though there may be significant weaknesses in laws meant to ensure transparency and accountability.”

One area in which Kansas rated low is in “Public Access to Information.” Kansas received a letter grade of “C” in this area. Hancock wrote: “On paper, Kansas has a fairly extensive law, known as the Kansas Open Records Act, or KORA, that is meant to ensure public access to official government records. But enforcement of the measure is left largely to the discretion of the state attorney general and local prosecutors who, according to interviews with researchers and media professionals, may be reluctant to take action. The only other option for citizens seeking records is to file civil lawsuits at their own expense.”

Drilling down to more detail illustrates the discrepancy between what Kansas law says, and what actually happens in practice. On the question “Do citizens have a legal right of access to information?” Kansas received a score of 100 percent.

But on the important question “Is the right of access to information effective?” investigators gave Kansas a grade of 47 percent. Averaging these two scores might produce a letter grade of “C.” But looking at more detail reveals why Kansas is often ranked very low in the more important measure of actual access to records.

Drilling down farther, Kansas rated very low on these measures: “In practice, citizens can resolve appeals to access to information requests within a reasonable time period,” “In practice, citizens can resolve appeals to information requests at a reasonable cost,” “In practice, when necessary, the agency that monitors the application of access to information laws and regulations independently initiates investigations,” and “In practice, when necessary, the agency that monitors the application of access to information laws and regulations imposes penalties on offenders.” The last measure received a score of zero percent.

Those who have followed the struggle to have Wichita quasi-public agencies follow the Kansas Open Records Act shouldn’t be surprised by Kansas’ low score on the actual application of this important law.

Print PDF

 

Related posts:

1. Open records in Kansas
2. For Wichita city government, open records are not valued
3. Open Records are an issue in Kansas
4. Open records in Kansas not always so
5. Kansas open records law needs an overhaul
6. Open Records Resource Site for Kansas
7. When A Records Request Fails
8. Wichita public schools: Open records requests are a burden
9. Open records in Kansas follow-up
10. In Wichita, disdain for open records and government transparency

Tagged as: Government transparency, Kansas legislature, Kansas Open Records Act, Kansas state government, Open records

March 12- http://www.homelandsecuritynewswire.com/dr20120313-atk-awarded-contract-to-supply-ammo-to-dhs   Department of Homeland  Security issues contract to ATK  to purchase 45,000,000 rounds of .40 caliber jacketed hollow points over the next 5 years or 9,000,000 each year.

• Jacketed hollow points are for deadly use at close range.  They are banned by NATO and The Hague Convention because they are so deadly. 
• But when used in an urban environment, they are perfect as the round expands inside the target and stops.  Law Enforcement does not want to shoot the bad guy and have the round go through the target, through the wall behind the target and hitting a child eating dinner in the next apartment. 
• The use for Law Enforcement is understandable, but how many rounds does DHS fire in any given year in conjunction with a specific mission?  Maybe 10?  100?  1,000?  These rounds are not practice rounds, they are much more expensive then a full metal jacket normally reserved for practice.
• .40 caliber is an upclose in your face round used in both tactical pistols and rifles.  John Wayne would not have done well in Sands of Iwo Jima with this round.
• Deliveries are expected to begin in June.

March 13- http://blog.dhs.gov/  The White House announces new plans for a “Civilian Army“. 

• Department of Homeland Security’s Federal Emergency Management Agency (FEMA) now has the authority to hire and train 1,600 members beginning in August, 2012

March 16- http://www.whitehouse.gov/the-press-office/2012/03/16/executive-order-national-defense-resources-preparedness  President Obama rewrites and reissues “Executive Order — National Defense Resources Preparedness“

• PART VIII – GENERAL PROVISIONS
• Sec. 801. Definitions. In addition to the definitions in section 702 of the Act, 50 U.S.C. App. 2152, the following definitions apply throughout this order:
• (a) “Civil transportation” includes movement of persons and property by all modes of transportation in interstate, intrastate, or foreign commerce within the United States, its territories and possessions, and the District of Columbia, and related public storage and warehousing, ports, services, equipment and facilities, such as transportation carrier shop and repair facilities. “Civil transportation” also shall include direction, control, and coordination of civil transportation capacity regardless of ownership. “Civil transportation” shall not include transportation owned or controlled by the Department of Defense, use of petroleum and gas pipelines, and coal slurry pipelines used only to supply energy production facilities directly.
• (b) “Energy” means all forms of energy including petroleum, gas (both natural and manufactured), electricity, solid fuels (including all forms of coal, coke, coal chemicals, coal liquification, and coal gasification), solar, wind, other types of renewable energy, atomic energy, and the production, conservation, use, control, and distribution (including pipelines) of all of these forms of energy.
• (c) “Farm equipment” means equipment, machinery, and repair parts manufactured for use on farms in connection with the production or preparation for market use of food resources.
• (d) “Fertilizer” means any product or combination of products that contain one or more of the elements nitrogen, phosphorus, and potassium for use as a plant nutrient.
• (e) “Food resources” means all commodities and products, (simple, mixed, or compound), or complements to such commodities or products, that are capable of being ingested by either human beings or animals, irrespective of other uses to which such commodities or products may be put, at all stages of processing from the raw commodity to the products thereof in vendible form for human or animal consumption. “Food resources” also means potable water packaged in commercially marketable containers, all starches, sugars, vegetable and animal or marine fats and oils, seed, cotton, hemp, and flax fiber, but does not mean any such material after it loses its identity as an agricultural commodity or agricultural product.
• (f) “Food resource facilities” means plants, machinery, vehicles (including on farm), and other facilities required for the production, processing, distribution, and storage (including cold storage) of food resources, and for the domestic distribution of farm equipment and fertilizer (excluding transportation thereof).
• (g) “Functions” include powers, duties, authority, responsibilities, and discretion.
• (h) “Head of each agency engaged in procurement for the national defense” means the heads of the Departments of State, Justice, the Interior, and Homeland Security, the Office of the Director of National Intelligence, the Central Intelligence Agency, the National Aeronautics and Space Administration, the General Services Administration, and all other agencies with authority delegated under section 201 of this order.
• (i) “Health resources” means drugs, biological products, medical devices, materials, facilities, health supplies, services and equipment required to diagnose, mitigate or prevent the impairment of, improve, treat, cure, or restore the physical or mental health conditions of the population.
• (j) “National defense” means programs for military and energy production or construction, military or critical infrastructure assistance to any foreign nation, homeland security, stockpiling, space, and any directly related activity. Such term includes emergency preparedness activities conducted pursuant to title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5195 et seq., and critical infrastructure protection and restoration.
• (k) “Offsets” means compensation practices required as a condition of purchase in either government to government or commercial sales of defense articles and/or defense services as defined by the Arms Export Control Act, 22 U.S.C. 2751 et seq., and the International Traffic in Arms Regulations, 22 C.F.R. 120.1 130.17.
• (l) “Special priorities assistance” means action by resource departments to assist with expediting deliveries, placing rated orders, locating suppliers, resolving production or delivery conflicts between various rated orders, addressing problems that arise in the fulfillment of a rated order or other action authorized by a delegated agency, and determining the validity of rated orders.
• (m) “Strategic and critical materials” means materials (including energy) that (1) would be needed to supply the military, industrial, and essential civilian needs of the United States during a national emergency, and (2) are not found or produced in the United States in sufficient quantities to meet such need and are vulnerable to the termination or reduction of the availability of the material.
• (n) “Water resources” means all usable water, from all sources, within the jurisdiction of the United States, that can be managed, controlled, and allocated to meet emergency requirements, except “water resources” does not include usable water that qualifies as “food resources.”

What if I had a second residence, let’s say a cabin on a lake near Bubbaville, Kansas.  On week-ends my family travel the approximately 2 hours Friday evening to make sure we have a full day Saturday on the water for skiing and fishing.  Every afternoon while the grandkids are off road 4 wheeling I chainsaw and split enough wood for cooking and heating of the cabin.  Last year we had water and electric installed underground from the paved roadway 3 miles away to the cabin, but still no gas.  That’s fine, we rather enjoy the fireplace.  Sundays are special as we almost always have other friends or family drive down to spend the day with us.  Collectively we always “pack out what we packed in” and leave our little place cleaner than when we arrived.

The “greenies” would declare that:

•  I am destroying the planet through my use of carbon fuels (cars, boat, chainsaw) not to mention the fireplace all contributing to my ‘carbon foot-print’.
• As a “one percenter” I have no property rights.  The paved road 3 miles from my cabin was paid for with tax dollars thus the “ninety nine percenters” have equal access to my cabin.
• To make their point more visible to the media, the “greeners” set up an illegal encampment where my drive meets the paved road.  The reporters will walk through trash and human excrement to ask why I am destroying the planet.

Oh but what if I was not describing my week ender?  What if this was owned by not only a “greenie” but a wealthy one percenter “greenie” that made his wealth setting up “occupy settlements”?  What say ye now?

“A couple of winters ago, being the quintessential zoning attorney, I was curled up in front of the fire at my mountain cabin reading a good development code.

It had all the latest bells and whistles that a progressive modern code should have: a form-based TND residential district, hillside protection performance standards, gateway design overlays tied to the city’s recently updatedcomprehensive plan, illustrative tables, flow charts, and pretty graphics. I was proud of it — one of the best my firm had produced. But I had a gnawing feeling inside thanks to environmental guru Lester Brown.”

We first introduced you to Chris Duerksen here saving-the-world-through-zoning the Managing Director of Clarion and Associates.  You might remember him as the one that blamed all of Mexico’s economic problems on American Capitalism.

Thanks to our good friend Charles W. in Virginia we have new information on Chris Duerksen and he has been BUSY making money.

• 2010 Update Sustainable_Code_Intro_AZ0510
• 2012 sustainablezoning
• And now we have Clarion and ICLEI working in harmony ICLEI_CLARION-DUERKSEN-09-Retreat_Packet_and_Agenda .  Chris Duerksen serves on an ICLEI planning committee which produced this statement page 11

Measure What Matters

“A sustainability initiative’s effectiveness hinges on the selection of a structure that clearly sets achievement goals and includes a system for verifying progress toward those goals. Choosing what to measure is simultaneously a reflection of priorities, a statement of worldview, and a political act. (Consider the implications of measuring Gross Domestic Product versus Gross National Happiness.) Decisions about what to measure should be made clear and transparent up front. For example, the Redefining Progress Genuine Progress Indicator expresses its philosophy up front:… we believe that progress is not measured by the quantity of goods we consume, how fast our economy is growing, or how much financial wealth is being amassed.

We believe progress is measured by how well we:

1. Equitably distribute wealth, incomes and access to cultural amenities;
2. Diversify and stabilize our economic base;
3. Protect and restore native ecosystems; and
4. Advance social, economic, and environmental sustainability”

When our elected lose their vision, they hire Duerksen to write one for them, the ICLEI way.  I wonder if ICLEI charges the same dues for a small village in Baswana as they do Overland Park?

My vision is restoring America to her GREATNESS that is in such peril and facing dangerous times ahead.

http://bocc.jocogov.org/webform/contact-us