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March 21, 2012

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:

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,

“Life, Liberty and the Pursuit of Anyone Who Threatens It”
 
Ken Dunwoody                                           GOD
Henpecked Acres                                        
One Nation
14850 W. 159th St.
Olathe, Ks. 66062
(913)768-1603
kdunwoody2@aol.com http://NOlathe.net http://NOjocoboco.net
View Sarah’s Story http://www.youtube.com/watch?v=GUWuUvOZ7RY http://vimeo.com/23038312

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Earlier this week The Kansas Chamber of Commerce targeted three State Senators from Johnson County for defeat in 2012. By name Senators Vratil, Owens and Huntington for not supporting the Kansas business community. A fairly bold step to fund Republican campaigns to defeat other republicans.

If you live in Johnson County, you know that Overland Park is the political power house and often attempts to control Topeka.  I should have said “has been”. Thangs aira changin round heer.

Recently managed by Mary Birch, controlled by Dick Bond and Ed Eilert, let’s look at how these Overland Park Chamber folks measure the performance of the County’s State Senators.  The chart below measures Senator votes aligned with the 2011 Overland Park Chamber’s position.  The higher the percentage the more aligned with the Overland Park Chamber.  I’ll be dog-gone!  It’s the same three, Vratil, Owens and Huntington.  Imagine that! http://www.opchamber.org/upload/file/2011-Voting-Record.pdf 

Maybe it’s not such a good thing to be part of the Bond, Eilert, Vratil, Birch and Rose alliance any more?

“Life, Liberty and the Pursuit of Anyone Who Threatens It”
 
Ken Dunwoody                                                                            GOD
Henpecked Acres                                                                         
One Nation
14850 W. 159th St.
Olathe, Ks. 66062
(913)953-0387
kdunwoody2@aol.com http://NOlathe.net http://NOjocoboco.net
View Sarah’s Story http://www.youtube.com/watch?v=GUWuUvOZ7RY http://vimeo.com/23038312

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3 Johnson County State Senators on Kansas Chamber Political Hit List

 
January 10, 2012 – Leave a Response

Three Johnson County Republican Kansas state senators, John Vratil of Leawood, Tim Owens of Overland Park and Terrie Huntington of Fairway are on the list for the Kansas Chamber of Commerce list of incumbents to be defeated.
That list also includes Senate President Steve Morris. Vratil is the Vice Chairman of the Senate.

According to the AP, The Kansas Chamber of Commerce’s political action committee is targeting eight incumbent state senators in Republican primaries this year, and one of the group’s officials said Tuesday the PAC raised more than $163,000 last year to help finance its efforts.

The Chamber PAC’s targets include Senate President Morris, of Hugoton. Republican conservatives have been upset with Morris and other senators over a host of issues, including taxes.

Jeff Glendening, the chamber’s vice president for political affairs, said the group hopes to replace the incumbents with “free market” challengers.

The chamber’s efforts are significant because the Senate represents the last major stronghold in state government for moderate Republicans. Gov. Sam Brownback has said he will stay out of primaries. His fellow conservatives believe ousting several incumbent senators will clear the last significant obstacles to anti-tax, small-government policies.

The Chamber PAC expected to file a report Tuesday with the secretary of state’s office detailing its activities for 2011. But Glendening confirmed details ahead of the filing, saying the report will show that the PAC raised more than $163,000 and spent about $112,000 last year, including maximum $1,000 contributions for challengers to eight incumbent GOP senators.

Glendening said the chamber is concerned about a lack of growth in the number of private sector jobs in Kansas and believes policies backed by Senate leaders are a major factor. All eight incumbents being targeted voted in 2010 to increase the state’s sales tax to help balance the budget.

“The strategy of Senate leadership clearly hasn’t worked, and it’s time for private sector growth in Kansas,” Glendening said in an interview.

Morris said he and other GOP senators have tried to take a balanced approach to dealing with the state’s past budget problems. He said the targeted senators have supported pro-business policies, such as phasing out the state’s corporate franchise tax, essentially a fee for the privilege of doing business in Kansas.

“You hear a lot of discussion about the rancor within the Republican Party, and to me, the most prominent reason for that rancor is these divisive primaries,” Morris said.

Glendening said the other incumbent GOP senators whose challengers received maximum contributions from the Chamber PAC are Pete Brungardt, of Salina; Carolyn McGinn, of Sedgwick; Vicki Schmidt, of Topeka; Jean Schodorf, of Wichita.

Vratil is Senate vice president, and McGinn is chairwoman of the budget-writing Ways and Means Committee. The other five also hold Senate chairmanships.

http://20poundsofheadlines.wordpress.com/2012/01/10/3-johnson-county-state-senators-on-kansas-chamber-political-hit-list/

Categorized in kansas city, Kansas Politics and Politics
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Planned Parenthood’s Shreddergate scandal


Posted: October 26, 2011
5:58 pm Eastern

© 2011

For the first time in its inglorious history, Planned Parenthood is facing criminal charges. These originated with a case former Johnson County, Kan., District Attorney Phill Kline filed in 2007, charging Planned Parenthood’s suburban Kansas City clinic with, among other things, 23 felonies for falsifying copies of abortion reports.The pre-trial hearing on this case, now being managed by current Johnson County DA Steve Howe, was to have taken place this past Monday. That was not to be.

Last Friday, Howe’s office asked for – and was granted – a postponement after learning that the key records had been shredded years ago by the Kansas Department of Health and Environment (KDHE).

This shredding took place in 2005 when the KDHE was under the aegis of then-governor and now Obama Health and Human Services Secretary Kathleen Sebelius. At the time, Kansas reigned unchallenged as the nation’s late-term abortion capital.

The Kansas City Star has rushed to the defense of Planned Parenthood. This has surprised no one. In 2006, Planned Parenthood had honored the Star with its top editorial honor, the “Maggie,” for its work in defeating Kline’s bid to be re-elected Kansas attorney general.

In one single paragraph, Star apologist Barbara Shelly managed to make more mistakes than some columnists make in a lifetime. Writes Shelly, the editorial page editor: “It turns out the documents being sought, which Planned Parenthood submitted to the clinic in 2003, were shredded in 2005 as part of an approved protocol used by the department for years. The records were long gone when Kline filed charges in 2007.”

For starters, Planned Parenthood did not submit these records to “the clinic.” Rather, its clinic submitted these records as required to the KDHE, which reported to Sebelius.

Yes, these records were shredded in 2005, but by this time they were already key evidence in a criminal investigation against Planned Parenthood. The Sebelius administration knew this.

In 2003, Kline, then attorney general, sought to obtain records from two Sebelius-controlled agencies, Social and Rehabilitation Services (SRS), which receives reports of child sexual abuse, and KDHE, which receives compliance reports regarding abortions.

According to Kline, Sebelius closely monitored his investigation into the enforcement of Kansas laws regarding child rape and late-term abortion violations as these were major campaign issues in 2002 and would likely be again in 2006.

When Kline’s attorneys approached SRS for help in its investigation, the agency balked. When a judge reviewed Kline’s case, he found reasonable cause to believe SRS records contained evidence of criminal activity, and he subpoenaed the records. The Sebelius administration fought the subpoenas.

By the summer of 2004, Kline finally received what he needed from SRS. The records showed that during a time when 166 abortions were performed on children under 14 in Kansas, only two of the cases had been reported to SRS as evidence of child sexual abuse. All 166 of them should have been.

To verify that Planned Parenthood performed some or all of these abortions, Kline needed the information in the KDHE reports. These were created by statute for the purpose of aiding law enforcement.

The reports are not medical records. Nor do they contain patient names. They are, however, coded in such a way that, with KDHE’s assistance, investigators could identify the clinic that performed a given abortion.

In late May 2004, District Court Judge Richard Anderson, a Democrat, subpoenaed the KDHE compliance reports, and KDHE resisted vigorously. In June, Anderson denied KDHE’s motion to quash the subpoena and ordered that copies of the records be produced.

In late June 2004, KDHE produced copies of the subpoenaed records. Only a Star reporter could believe that these same records were innocently and routinely shredded in 2005.

In July 2004, Kline received an unwelcome surprise when the Washington-based Center for Reproductive Rights (CRR) sued him as a way of challenging Kansas’s mandatory reporting laws.

Kline has long wondered how CRR knew enough to file suit. The subpoenas ordered by the court were to be kept secret. He believes that Sebelius, in violation of court order, tipped CRR off. The timing of the suit certainly raises that possibility.

Encouraged by the CRR lawsuit, KDHE quickly filed a new motion for a stay of the subpoenas and a return of the file copies that Kline had secured. Judge Anderson denied KDHE’s motion.

At this point, the Sebelius administration had to be worried. The evidence Kline had gathered could potentially cost Planned Parenthood, a key political ally, $350 million a year in federal funding if convicted of failure to report child rape.

Kline’s investigators isolated the codes of the two abortion clinic that were performing abortions on girls 14 and under. When they requested the coding information to identify the clinics, KDHE again refused to cooperate.

And again Judge Anderson had to intervene to force KDHE to do its job. The clinics in question, to no one’s great surprise, proved to be George Tiller’s in Wichita and Planned Parenthood’s in Johnson County.

In October 2004, Anderson found probable cause that the records at both clinics contained evidence of crimes and promptly subpoenaed individual case files. Predictably, the clinics filed a motion to quash, which was denied.

Now the clinics and the Sebelius administration knew Kline’s office was zeroing in on some inconvenient truths. And so the clinics took their fight to the Sebelius-friendly Kansas Supreme Court. This move initiated some of the most bizarre legal shenanigans of any criminal case ever, but that is a story for another day.

It was at the height of this tense legal battle that the KDHE under Sebelius started to destroy the original documents, and it did so without any notification to the court or to investigators.

This would not have been a problem in itself if the copies KDHE had originally produced for Kline, already validated for court use, were available, but they are not.

When Kline left office in January 2007, he gave those copies to Judge Anderson for safekeeping. Paul Morrison, Kline’s successor as AG, promptly requested the copies from Anderson.

Sebelius had persuaded Morrison, the Republican Johnson County DA, to switch parties and run against Kline. With nearly 2 million in indirect backing from Tiller and the enthusiastic support of the Star, Morrison won.  (NOlathe note: Within one year Morrison resigned following a number of documented ethical and legal charges including the illegal use of FBI data files to investigate political foes and an adulterous affair with a staff member in Johnson County.)

What Sebelius did not expect was that the Republican precinct captains of Johnson County would elect Kline to complete Morrison’s term as DA in Planned Parenthood’s home. As DA, Kline was able to make his own copies of the KDHE records and take them back to Johnson County.

No sooner did Kline do that than Morrison asked Judge Anderson to order Kline to return those copies. Anderson refused, telling Morrison that Kline’s evidence against Planned Parenthood was strong.

Morrison responded by holding an improbable press conference at which he announced that Planned Parenthood had done nothing wrong. He then joined Planned Parenthood in secret lawsuits suing both Kline and Anderson.

In May 2007 – a month after Judge Anderson told Morrison’s office, “There is evidence of crimes in the records that need to be evaluated” – Planned Parenthood held a gala fundraiser in Kansas City to celebrate Sebelius’s birthday.

Now back in Johnson County, Kline had the opportunity to review the KDHE records. In doing so, he realized that Planned Parenthood had apparently falsified copies of the records it sent to KDHE.

Prior to filing the charges, Kline had to show the evidence to Anderson. Anderson had the Topeka PD document expert check the records and promptly found probable cause. In October 2007, Kline charged Planned Parenthood with committing 107 criminal acts, including the 23 felonies of manufacturing documents.

The question the Star should be asking now is this: Where are the validated KDHE records Morrison received from Judge Anderson? Right now, no one is saying. Were they, too, “routinely” shredded?

The copies of the copies that Kline kept in the Johnson County DA’s office can be used in court, but establishing their chain of custody is difficult and time-consuming. This is what Johnson County DA Howe must do to move the case forward.

Planned Parenthood is sitting on this $350 million Shreddergate powder keg. It remains to be seen what Sebelius and friends can do other than duck for cover.

http://www.wnd.com/index.php?fa=PAGE.view&pageId=360517

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Just as did Governor Sebelius (now Secretary Sebelius), Commissioner Praeger appointed Jeff Ellis to top position in implementing ObamaCare.  So who did Jeff contribute to in 2010 elections?  Commissioner Praeger is onboard with the Democrat’s agenda.

10/07/2010 ELLIS, JEFFREY & CAROL                     250.00   SIX, STEPHEN N

09/10/2010 ELLIS, JEFFERY                                    500.00   BIGGS, CHRISTOPHER

09/18/2010 ELLIS, CAROL                                      250.00   HOLLAND, TOM
10/08/2010 ELLIS, JEFFREY                                    500.00   HOLLAND, TOM

http://www.spencerfane.com/Attorney/JeffreyO-Ellis.htm   “Co-Chair, Kansas Health Information Exchange Commission, Appointed by Governor Sebelius, 2007-2008″

http://www.khi.org/news/2011/may/11/health-exchange-board-urges-legislature-pass-hit-b/  “If the bill goes unpassed, the effect would be “profound,” said Jeff Ellis, the Kansas City attorney who helped write and lobby for the bill.”

http://wellcommons.com/groups/khi-news-service/2011/aug/25/effort-to-educate-public-and-lawmakers-o/  “Ellis after the meeting said he thought the group members might come around to the idea once they’ve got something closer to a fully-fleshed exchange plan to take to the Legislature.”

“Life, Liberty and the Pursuit of Anyone Who Threatens It”
 
Ken Dunwoody                                                               GOD
Henpecked Acres                                                          
One Nation
14850 W. 159th St.
Olathe, Ks. 66062
(913)768-1603
kdunwoody2@aol.com www.NOlathe.com http://NOlathe.net http://NOjocoboco.net
View Sarah’s Story http://www.youtube.com/watch?v=GUWuUvOZ7RY http://vimeo.com/23038312

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