Posted in Agenda 21, Commissioner Eilert, JoCo Board of Commissioners, Kansas, Kansas League of Municipalities, Property Rights, Taxation, TEA Party Movement, tagged Agenda 21, Calvin Hayden, David Lindstrom, Ed Eilert, Ed Peterson, George Soros, ICLEI, jason osterhaus, Jim Allen, Kansas Open Records Act, KORA, Michael Ashcraft on June 14, 2012 | Leave a Comment »
In a lawful exercise we asked for details of Johnson County’s hidden agenda governed by a treacherous treaty with The United Nations. http://nolathe.net/2012/04/12/second-complaint-filed-with-kansas-attorney-generals-office/
In a Gorean like response that resonates Soros like ideologies, we learn that Kansas Open Records Act is worthless (read all 8 pages). Much like those that depend on it’s darkened hole of transparency.
Last lose end done.
Posted in Agenda 21, Commissioner Eilert, Illegal Immigration, JoCo Board of Commissioners, Kansas, Kansas League of Municipalities, Overland Park, Property Rights, State Ethic Complaints, Taxation, TEA Party Movement, tagged Agenda 21, Calvin Hayden, DA Steve Howe, David Lindstrom, Ed Eilert, Ed Peterson, George Soros, ICLEI, jason osterhaus, Jim Allen, JoCo BOCC, Johnson County, kansas, Kansas Open Records Act, KORA, Michael Ashcraft, Overland Park on April 12, 2012 | 1 Comment »
April 12, 2012
Kansas Attorney General Derek Schmidt
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,
Posted in Home Rule Charter, JoCo Board of Commissioners, Kansas, State Ethic Complaints, Uncategorized, tagged Calvin Hayden, campaign, DA Steve Howe, David Lindstrom, Derek Schmidt, Ed Eilert, Ed Peterson, Ethics, jason osterhaus, Jim Allen, JoCo BOCC, Johnson County, kansas, Kansas Open Records Act, KORA, Michael Ashcraft on March 21, 2012 | Leave a Comment »
March 21, 2012
Kansas Attorney General Derek Schmidt
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,
Posted in Commissioner Eilert, Ethics, JoCo Board of Commissioners, Kansas, TEA Party Movement, tagged Calvin Hayden, DA Steve Howe, David Lindstrom, Ed Eilert, Ed Peterson, jason osterhaus, Jim Allen, Kansas Open Records Act, KORA, Michael Ashcraft on March 21, 2012 | Leave a Comment »
Individual liberty, limited government, and free markets in Wichita and Kansas
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.
Related posts:
Tagged as: Government transparency, Kansas legislature, Kansas Open Records Act, Kansas state government, Open records
Posted in Commissioner Eilert, Ethics, JoCo Board of Commissioners, Kansas, TEA Party Movement, tagged Calvin Hayden, David Lindstrom, Ed Eilert, Ed Peterson, jason osterhaus, Jim Allen, JoCo BOCC, Johnson County, kansas, Kansas Open Records Act, KORA, Overland Park on March 12, 2012 | Leave a Comment »
In case you missed the 72 page report issued after 3 days of inspections 208-APEXFormerKingLouieWestEnvironmentalInspectionReport identifying sources of asbestos and other hazardous materials inside the King Edward Louie Building, you really should take a look at the extent of areas tested and recommendations.
Then look at the Cost Estimate Agreement emails the Commissioners approved as part of estimating the $1,600,000 in Capital Asset Repairs approved and funded through debt.
Sure am glad we got that expenditure locked in with no wiggle room. So why did the Commissioners not take additional time to get a real estimate on this extensive and hazardous condition?
Feel free to contact: http://bocc.jocogov.org/webform/contact-us
Posted in Commissioner Eilert, Ethics, JoCo Board of Commissioners, Kansas, Overland Park, Taxation, TEA Party Movement, tagged David Lindstrom, Ed Eilert, Ethics, JoCo BOCC, Johnson County, kansas, Kansas Open Records Act, KORA, Overland Park, Republican Party, Taxes on March 11, 2012 | 2 Comments »
Documents and witnesses have created this chronology of events:
Commission Meeting of November 10 to discuss the Agenda Review for November 17 can be viewed here: http://lims.jocogov.org/sirepub/mtgviewer.aspx?meetid=1153&doctype=AGENDA Items #10 an #11 are identified below. Clicking will provide all documents submitted to the Commissioners in support of discussion.
Commission Meeting of November 17 can be viewed here: http://lims.jocogov.org/sirepub/mtgviewer.aspx?meetid=1124&doctype=SUMMARY Items #10 an #11 are identified below. Clicking will provide all documents submitted to the Commissioners in support of discussion.
The $2,000,000 purchase of a Capital Asset and the $1,600,000 for Capital Asset Repairs are two distinctively different accounting entries and had to be voted on and funded separately by law and commonly accepted accounting practices. Throughout the video discussions, presentations and documents they were totally dependent on both being approved and considered as one in the same. To take possession of the property would require funding of $3,600,000 just to place it in a condition to consider what to do with it later.
I concede that I am the “crazy guy” and certainly not a financial advisor like the Commission Chairman and former Mayor of Overland Park Eilert, but my old school math skills calculate that at $3,600,000 we paid $14.60 per square foot well above the estimated value of $12.57 and median value of $14.50 area properties. Sadly this is not this first time we have documented Chairman Eilert altering and creating facts to fit his vision.
Below are the questions asked and documents received from a lawful Kansas Open Records Act (KORA) request.
The only criticism we have of Staff would be accepting this document Item_02&3-2011-1213-ATAbatementEstimate as an estimate to remove asbestos and other hazardous material from the King Louie Building. As previously defined, Staff did their commendable job as they were instructed to do. For Overland Park, King Louie was a problem looking for a solution. Members of the Commission conspired (some unknowingly) to provide the solution at the County’s expense. One can only hope that the museum’s future includes photos of the closed libraries and longer lines waiting for assistance (Mental Health as an example) to justify a new energy on Metcalf Corridor.
This form of political game disgusts me.
Posted in Commissioner Eilert, Ethics, JoCo Board of Commissioners, Kansas, Kansas League of Municipalities, Overland Park, TEA Party Movement, tagged Calvin Hayden, DA Steve Howe, David Lindstrom, Ed Eilert, Ed Peterson, George Soros, jason osterhaus, Jim Allen, JoCo BOCC, Johnson County, kansas, Kansas Open Records Act, KORA, Michael Ashcraft on March 7, 2012 | Leave a Comment »
Dated: March 4, 2012 and March 7, 2012
No response received within legal 3 day KORA requirements.
No response received within legal 3 day KORA requirements.
No response received within legal 3 day KORA requirements.
No response received within legal 3 day KORA requirements.
No response received within legal 3 day KORA requirements.
No response received within legal 3 day KORA requirements.
No response received within legal 3 day KORA requirements.
No response received within legal 3 day KORA requirements.
KORA= Kansas Open Records Act
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Olathe, Ks. 66062
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Posted in Agenda 21, Commissioner Eilert, Ethics, JoCo Board of Commissioners, Kansas, Taxation, TEA Party Movement, tagged Agenda 21, Eilert, Ethics, George Soros, ICLEI, JoCo BOCC, Johnson County, kansas, Kansas Open Meeting Act, Kansas Open Records Act, KORA on January 14, 2012 | 1 Comment »
In February 2011 the JoCo BOCC approved, without a vote and during a non-recorded Commission Meeting (Retreat), that written Transcripts of official BOCC Meetings would be eliminated, video recording was sufficient, based on the recommendation of the County Manager and with the approval of Chair Eilert. Following an ADA (American Disability Act) Complaint accusing JoCo of depriving the deaf community of equal access, BOCC added video ‘Closed Captioning’ two months later using a Federal Grant for such use.
During the BOCC Meeting of January 12, 2012 the following was provided as required by KOMA (Kansas Open Meeting Act) to document the meeting in leiu of Transcripts. http://lims.jocogov.org/sirepub/mtgviewer.aspx?meetid=1155&doctype=AGENDA. The questions from and answers to Mr. Dave Losey are inaudible, non-trasnscribed and are insufficient for KOMA requirements.
Commissioners: As a result I request the following documents under a signed KORA Request.
* Written transcript or accurate video copy of the aforesaid January 12, 2012 BOCC Meeting.
* Copies of subject vehicle/system “Preventative Maintenance Documents” (or JoCo equal nomenclacture) from 2002 to current.
* Copies of subject vehicle/system “Operators’/Driver Log” (or JoCo equal nomenclacture) from 2002 to current.
* Copies of subject vehicle/system “Hours Log” (or JoCo equal nomenclature) from 2002 to current.
* All Reports (or JoCo equal nomenclature) justifying replacement of subject vehicle dated prior to January 12, 2012.
* Documentation submitted for 2012 Budget to replace subject vehicle/system.
* Copies of estimates to refurbish/recondition subject vehicle/system.
* Copies to vendors requesting bids with requirements/specifications.
* Copies of vendor bids with specifications.
Thank you for your prompt response and courtesy.
Posted in Agenda 21, Commissioner Eilert, Illegal Immigration, Kansas, Taxation, TEA Party Movement, tagged Agenda 21, Commissioner Praeger, Eilert, George Soros, ICLEI, KORA, Obamacare, Republican Party, Rino, Ronnie Metsker on October 6, 2011 | Leave a Comment »
Unfortunately a simple Kansas Open Records Act (KORA) request has become nothing short of a word game. There is nothing “open” about Kansas Government in most cases. Before we share our most recent discoveries about the implementation of PraegerCare, allow us to refresh your memories on information posted on September 2, 2011 as http://nolathe.net/2011/09/02/kansas-insurance-commissioner-praeger-admits-obamacare-grant-fraud/ . The “PROJECT ABSTRACT” and “Budget” information immediately below was supplied as part of the Federal Grant Application submitted to former Kansas Governor and now Obama puppet Secretary Sebelius.
The PROJECT ABSTRACT stipulates this funding will be spent from October 1, 2010 through September 31, 2011. Page 19 of 35 clearly states that $750,000 will be awarded by contract and in what area of interest. 
Page 22 of 35 further identifies the time frame in which these contracts will be awarded during the one year ending September 31, 2011. 
It is worth noting again, that the ‘go to work every day because I need a job’ employee of the State have always extended the most courteous and helpful attitudes in my search for documents and I personally thank them for their service to this GREAT State and Nation. Also of note, at least two of my requests had considerable delays because the folks with the information were “out of town”. DC?
Here’s the latest. In total disregard to the Grant Application protocols, without bidding and just weeks following the notification of Grant award, these documents were executed: Larger pdf view $661,900
Details of this $661,900 Purchase Order can be viewed in the three pages as 33100-107
This LOVE FEST was consummated with a nine page Contract Number 09530
This latest information was all ordained and approved on January 31, 2011 and became functioning and active the following day February 1, 2011. Call me a novice or as Eilert says “the crazy old guy”, but I find it very hard to believe this was conceived, developed, legally scoured and both parties agreed to in just a few weeks following the Grant Acceptance. So were the Grant Protocols established in the application ever really intended to be followed? Was the Grant application a deception also, to the Federal Government? Is that a crime?
I do not know why, but one of my treats in life is when paying a retail bill the cost is a whole number like $16. Statistically that should happen on average once every hundred times and I know that but still find it odd. With that said, I find this a bit odd 
Another $20,000.00 for “Incidental Expenses”, isn’t that like a perky petty cash deal?
Somehow the words PROGRESSIVE LIBERAL fail to adequately describe Kansas Insurance Commissioner Praeger. She ran with a “R” after her name so in a State like Kansas received much support, cash and promotion from the State Republicans “Clean Sweep” campaign which is equally at fault. Kansans would have been better off if she had ran, to California or Massachusetts.
For the Topeka literate folks, is the accounting number 33100 assigned to the Insurance Department or a project administered by same?
Posted in Agenda 21, Ethics, Kansas, Taxation, TEA Party Movement, tagged Agenda 21, George Soros, ICLEI, kansas, Kansas Open Records Act, KORA, Obamacare on September 7, 2011 | 1 Comment »
On August 11, 2011 we asked Kansas Insurance Commissioner Praeger for copies of the contracts issued per the grant protocol established by Kansas in accepting a $1,000,000 Federal Grant to initiate the implementation of ObamaCare. We provided the grant application as published by Kansas http://www.ksinsurance.org/consumers/healthreform/EXCHANGE_PLANNING_GRANT_APPLICATION_NARRATIVE_08-31-2010.pdf and submitted a lawful KORA request, posted as http://nolathe.net/2011/08/11/ask-and-ye-shall-receive/
The response only identified contracts of $25,000 of the allotted $750,000 obligations per the protocol and posted as http://nolathe.net/2011/09/02/kansas-insurance-commissioner-praeger-admits-obamacare-grant-fraud/ The Federal Grant request was authored and submitted under Commissioner Praeger’s authority. We asked if subordinates of Commissioner Praeger were directed by her to not follow the grant’s protocol? 
This time the Kansas Insurance Department legal staff responded
The protocol established in the grant proposal was not followed even remotely. Commissioner Praeger either directed this diversion of protocol or was responsible to correct subordinates’ lack of adherence to the protocol. In either event, Commissioner Praeger did not meet the covenants required in the grant funding. Where did the money go and why?
We found more than a few likely suspects and will start with one of the major decision making groups formed by Commissioner Praeger.
It was no surprise to find Cerner. But who is Jeff Ellis? Commissioner Praeger was notified on October 4, 2010 the grant proposal was approved. Thirty-five days later a new consulting firm was formed in Overland Park and placed in charge as shown below. 
As a “FOREIGN LTD LIABILITY COMPANY” 
Let’s find out if this new company has received any monies from the grant. Regardless, Commissioner Praeger should be investigated and if she were a Democrat, she would be by the Republican Legislature and Governor. But since the majority party in Topeka is actually the moderates, this fraud will go undiscovered, ignored and will continue just as it is. Someone in power needs to ask The Kansas Attorney General’s Office to at least look at this. I am the “old crazy guy” from Johnson County, just ask our Commissioners.
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