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Archive for the ‘State Ethic Complaints’ Category

In it’s continued disdain towards the Kansas Constitution and Statutes the Johnson County Board of County Commissioners have now resorted to conducting County business in secret hoping no one will notice.

Kansas Statute 75-4319 is quite clear in what constitutes an Executive Session and the process of how it is conducted:

http://www.kslegislature.org/li/b2013_14/statute/075_000_0000_chapter/075_043_0000_article/075_043_0019_section/075_043_0019_k/

“Any motion to recess for a closed or executive meeting shall include a statement of (1) the justification for closing the meeting, (2) the subjects to be discussed during the closed or executive meeting and (3) the time and place at which the open meeting shall resume. Such motion, including the required statement, shall be recorded in the minutes of the meeting and shall be maintained as a part of the permanent records of the body or agency. Discussion during the closed or executive meeting shall be limited to those subjects stated in the motion.

So what was so secret and who would benefit from this illegal conduct by Johnson County?  And how with 3 former Mayors who each know more than us commoners about such stuff would allow this to happen?  Why did neither the County Manager nor Legal Staff correct this statutory violation?

They are aware of this requirement.  Each of the last 3 meetings in 2013 had Executive Sessions, what was so secret about 12/12/13?

12/12/13- “Commissioner Osterhaus moved to recess the Board’s open meeting and to convene in executive session at 12:15 p.m., for a period of forty-five (45) minutes for the purpose of receiving advice of legal counsel and to reconvene in open session at approximately 1:00 p.m., or as soon thereafter as the executive session may end. Commissioner Peterson seconded the motion.”

12/5/13- “Commissioner moved to recess the Board’s open meeting and to convene in executive session at 12:15 pm., for a period of fifteen (15) minutes for the purpose of receiving advice of legal counsel and pending litigation and to reconvene in open session at approximately 12:30 p.m., or as soon thereafter as the executive session may end. Commissioner seconded the motion.”
11/14/13- “Commissioner Osterhaus moved to recess the Board’s open meeting and to convene in executive session at 12:15 p.m., for a period of thirty (30) minutes for the purpose of receiving advice of legal counsel, pending litigation, and matters related to non-elected personnel and to reconvene in open session at approximately 12:45 p.m., or as soon thereafter as the executive session may end. Commissioner Allen seconded the motion.”
Our next posting will be identifying campaign contributions to our anointed ones from Deffenbaugh Industries and how Deffenbaugh has the equivalent of one full-time employee under County supervision.  Then we will share how, we’ll let that be a surprise.
“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

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April 12, 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 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,

“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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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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In the Nethical land of Noz where a State Legislator has no requirement to reside within Noz to be elected, why should us Nomes be surprised at this:

  1. In the land of Noz, Legislators write laws that require City, County and School Board Nomes to “RESIDE” in the Nome District they represent. In the land of Noz, Legislators only need ”RESIDENCE” on the one day they apply for office. Noz Apartments rent $400/month on a month to month basis.
  2. Now it is confirmed that Noz Legislators may work as a full time Salary Non-Exempt Nemployee of a Nome School District ($90,000/year plus benefits) and create legislation that benefits the Nome School District the Nomes have to pay for. Actually the Nomes are paying for the school salary/benefits, the legislative salary/benefits and additional taxing that this creates.

Not to fear though, Noz’ Senate has an “Nethics and Nelections Committee”. But it is controlled by the same Nethical non-Nomes that enjoy this Nonsense. http://www.kslegislature.org/li/b2011_12/committees/ctte_s_ethics_electns_1/

Chair

Vice Chair

Ranking Minority Member

Members

2012 has as much importance to the land of Noz as to this GREAT Nation. Question and VOTE with boldness.

“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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View entire Vratil 2012 Complaint document filed here.

Robert J. Vancrum, Esq (aka Vancrum Law Firm LLC) contracted with USD #229 “to advocate for legislative positions of Blue Valley” for the contracted period from July 1, 2010 through June 30, 2011.  (Contract dated August 10, 2010 attached, please note signed by Board Attorney John Vratil, Esq for Lathrop & Gage).  Correspondence with USD #229 confirms this ‘lobbyist’ contract with Robert J. Vancrum was not renewed in 2011 leaving that long held position vacant.  BobVancrumContractAugust2010

On June 30, 2011 the final day of Robert J. Vancrum’s Contract, the USD #229 voted on and approved a one year (July1, 2011 through June 30, 2012) Contract with John Vratil.  It is not unusual for USD #229 Board to have June 30 Fiscal Year End Meetings.  It is however extremely unusual that John Vratil’s Contract was hidden in the ‘Consent Agenda’, not discussed and was not part of the Fiscal purpose of this 4 minute Meeting.    BOEMeetingMinutes6.30.11      PersonnelReport6.30.11 

The signed one year (July1, 2011 through June 30, 2012) Contract with John Vratil. JohnVratilcontract

Throughout this Contract Senator John Vratil is referred to as an “employee” of USD #229.  In addition to the $90,000 annual salary and paid professional fees, John Vratil employee receives the same full benefits as any USD #229 employee during the 12 month Contract.

A pre-arranged unpaid ‘leave of absence’ is scheduled “from January 1 through March 31, 2012, for his service in the Kansas Legislature”.  However the Contract goes on to say that during this three month period Senator John Vratil is on call and will be compensated at $115.38 per hour as needed.  Admittedly by Contract, he remains a ‘Salaried Non-Exempt Employee’ of USD #229 and will be paid additional salary for services during this period, just the same as other ‘Salaried Non-Exempt Employees’ of USD #229 whose salary is paid over nine months.

In Summary:

     * Most USD #229 employees work nine months within any twelve month period and may choose to be paid their annual salary over nine months or twelve months while maintaining employment continuity and benefits, there is no separability of employment responsibilities.  Financially this is identical.

     * Whether paid in nine months or twelve months, the established USD #229 code of ethical conduct and moral standards must be maintained over the entire twelve months.

     * Senator John Vratil has legislative responsibilities before January 1 and after March 31 of the Contract period.

     * Senator John Vratil is “on call” between January 1 and March 31 of the Contract period.  John Vratil is a Salaried Non-Exempt employee by Contract with versatile hours the same as an English Teacher on Contract.

     * John Vratil employee USD #229 meets this definition: “Appointed lobbyists. Any person formally appointed as the primary representative of an organization or of another person to lobby on state- owned or leased property shall register as a lobbyist regardless of whether the person receives compensation for lobbying. Formal appointment as a primary representative may be indicated by election to a specific office or designation, including a specific post where the members of the organization or appointing person recognize such election or designation to include the right or duty to lobby as its primary representative on state-owned or leased property. ”  http://ethics.ks.gov/statsandregs/19-62-1.html

     * Kansas Ethics Commission definition of ‘Lobbying’ “Kansas law recognizes that the right of organized as well as unorganized interests to influence governmental policy is an integral part of the American and Kansas political process. Such efforts are based in large part on the constitutional guarantees of freedom of speech and association and the right to participate in one’s government. The thrust of existing legislation is not to hinder such activity but rather to ensure that it is carried out in view of the public.”  http://www.kansas.gov/ethics/Lobbying/

Conclusion and basis of complaint: Senator Vratil as an individual is employed by USD #229 as a Salaried Non-Exempt Employee before, during and following the 2012 Legislative Session.  Also of note, the ‘sine die’ adjournment extends well beyond March 31.   As such he is required to register as a “Lobbyist” when influencing government policy while on State owned or leased properties.

“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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Lobbying

Kansas law recognizes that the right of organized as well as unorganized interests to influence governmental policy is an integral part of the American and Kansas political process. Such efforts are based in large part on the constitutional guarantees of freedom of speech and association and the right to participate in one’s government. The thrust of existing legislation is not to hinder such activity but rather to ensure that it is carried out in view of the public.

In this context, the Kansas Governmental Ethics Commission is charged, in part, with administering the state’s lobbying law, which provides for the registration and reporting of expenditures by lobbyists.

Who Must Register as a Lobbyist?
Any person to whom any of the following applies must register as a lobbyist:
Any person employed to a considerable degree to lobby;
Any person formally appointed to a specific position as the primary representative of an organization or other person to lobby in person on state property; or
Any person who spends $100 or more in a year for lobbying exclusive of personal travel and subsistence expenses.

When to Register
A lobbyist must register in any calendar year before engaging in lobbying. Such registration expires annually on December 31 of the year for which the lobbyist is registered. Any person who registers to lobby must pay a registration fee for each employer, client, or organization such lobbyist represents. Registration fees are as follows:
1. $35 if the lobbyist anticipates spending $1,000 or less for lobbying in a calendar year;
2. $300 if the lobbyist anticipates spending more than $1,000 for lobbying in a calendar year; and
3. $360 if registering as an employee of a lobbying group or firm.

All lobbyists under the purview of the Commission must file either an Affidavit of Exemption From Filing Lobbyist Employment and Expenditures Reports or the periodic Lobbyist Employment and Expenditures Reports.

The Commission’s staff enters expenditure data from the Lobbyist Employment and Expenditures Reports. Statistics and the recipient’s name are available to be viewed from this Internet site link to Expenditure Data.

http://www.kansas.gov/ethics/Lobbying/

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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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