Tag Archives: Janet Miller

Wichita City Council Member Janet Miller

WichitaLiberty.TV: Kansas revenue and spending, initiative and referendum, and rebuliding liberty

In this episode of WichitaLiberty.TV: The Kansas Legislature appears ready to raise taxes instead of reforming spending. Wichita voters have used initiative and referendum, but voters can’t use it at the state level. A look at a new book “By the People: Rebuilding Liberty Without Permission.” View below, or click here to view at YouTube. Episode 83, broadcast May 3, 2015.

Wichita has examples of initiative and referendum

Citizens in Wichita have been busy exercising their rights of initiative and referendum at the municipal level. The Kansas Legislature should grant the same rights to citizens at the state level.

What recourse do citizens have when elected officials are not responsive? Initiative and referendum are two possibilities. Citizens in Wichita have exercised these rights, but Kansans are not able to do this at the state level.

Initiative is when citizens propose a new law, and then gather signatures on petitions. If a successful petition is filed, the matter is (generally) placed on a ballot for the electorate to decide whether the proposed law will become actual law. Examples are the initiative to add fluoride to Wichita water (which voters rejected) and reduce the penalties for possession of small amounts of marijuana (which passed, but has not taken effect pending legal action by the Kansas Supreme Court.)

Referendum is when citizens petition to overturn an act passed by a governing body. An example is the 2012 repeal of a charter ordinance passed by the Wichita city council.

So at the municipal level in Kansas, citizens have the right of initiative, although in practice the right is limited. The right of referendum is more narrowly limited. But at the state level, there is no possibility for citizens to exercise initiative or referendum. The law simply does not allow for this.

Policies, not politicians

Initiative and referendum allow citizens to vote on specific laws or policies. This is contrasted with elections for office, where voters must choose candidate A or candidate B. Voters have to take the entire package of positions associated with a candidate. It isn’t possible to select some positions from candidate A, and others from candidate B. So when a candidate wins an election, can we say why? Which of the candidate’s positions did voters like, and which did voters not like? Results of regular elections rarely provide a clear answer.

Initiative and referendum, however, let citizens vote on a specific law or proposal. There is little doubt as to the will of the voters.

There’s a difference between voting for politicians and voting for policies. When given a chance, Wichitans have often voted different from what the council wanted. An example is the 2012 overturn of a charter ordinance the council passed. Another is the failure of the sales tax in November 2014. That was on the ballot not because of citizen initiative, but it is an example of voting directly for an issue rather than a candidate. Citizens rejected the sales tax by a wide margin, contrary to the wishes of the city council, city hall bureaucrats, and the rest of Wichita’s political class.

It’s different voting for policies than politicians. For one thing, the laws passed by initiative don’t change, at least for some period of time. But politicians and their campaign promises have a short shelf life, and are easily discarded or modified to fit the current situation.

Politicians don’t want it, which is its best argument

Generally, politicians and bureaucrats don’t want citizens to be empowered with initiative and referendum. When the city council was forced to set an election due to the successful petition regarding the Ambassador Hotel issue, reactions by council members showed just how much politicians hate initiative and referendum. Council Member Pete Meitzner (district 2, east Wichita) wanted to move the election to an earlier date so as to “avoid community discourse and debate.”

Council Member Janet Miller (district 6, north central Wichita) expressed concern over “dragging this out,” and said she wants to “get it over with as soon as we can so that we can move on.”

In his remarks, Mayor Carl Brewer advocated having the election as soon as possible. He told the city “By doing that, it eliminates a lot of turmoil inside the community, unrest.”

As you can see by these remarks, politicians don’t like citizens second-guessing their actions. Initiative and referendum gives citizens this power. John Fund said it best: “Without initiatives and referendums, elites would barely bother at all to take note of public opinion on issues they disdained — from supermajority requirements to raise taxes to term limits. They serve as a reminder that the experts sometimes have to pay attention to good old common sense.”

Petitioning is not easy

A criticism often leveled against initiative and referendum is that ballots will be crowded with questions submitted by citizens. But as anyone who has been involved in a petitioning effort knows, filing a successful petition is not a simple matter. The first petition effort to relax Wichita marijuana laws failed, with the election commissioner ruling that an insufficient number of valid signatures were submitted. (Generally, petition signers must meet certain requirements such as being a registered voter and living within a certain jurisdiction.) Now the Kansas Attorney General contends that the second petition by the same group is defective because it lacks the proper legal language. It is common for the validity of petitions to be contested, either by government or by special interest groups that believe they will be adversely affected.

How to get it

It will take an amendment to the constitution for the people of Kansas to have initiative and referendum rights at the state level. That requires passage in both chambers of the legislature by a two-thirds margin, and then passage by a majority of voters.

Although the governor does not play a direct role in constitutional amendments — as they do not require the governor’s signature — a governor can still have a role. In 1991 Joan Finney supported initiative and referendum. An amendment passed the Kansas Senate, but did not advance through the House of Representatives.

Today it seems unlikely that the present Kansas Legislature would support an amendment implementing initiative and referendum. Politicians just don’t want to give up the power. (The laws giving some initiative and referendum rights at the municipal level is a state law. State legislators were imposing a hardship on other elected officials, not themselves.)

But initiative and referendum are popular with voters. In 2013 Gallup polled voters regarding petitioning at the national level. 68 percent favored this, while 23 percent opposed. One of the few issues that poll higher than this is term limits for office holders.

By the way, do you know what citizens in states often do after gaining the right of initiative? Impose term limits on their legislatures. Lawmakers don’t want you to do that.

Recent history in Wichita

In 2011, Wichitans petitioned to overturn a charter ordinance passed by the city council. In February 2012 the ordinance was overturned by a vote of 16,454 to 10,268 (62 percent to 38 percent). This was a special election with only question on the ballot.

In 2012 a group petitioned to add fluoride to Wichita water. The measure appeared on the November 2012 general election ballot, and voters said no by a vote of 76,906 to 52,293, or 60 percent to 40 percent.

On the November 2014 general election ballot, Wichita voters were asked about a one cent per dollar sales tax. This was not the result of a petition, but it provides an example of a vote for a policy rather than a person. Voters said no to the sales tax, 64,487 to 38,803 (62 percent to 38 percent.)

In 2015 a group petitioned to reduce the penalties for possession of small amount of marijuana. The measure appeared on the April 2015 city general election ballot, where Wichita voters approved the proposed law 20,327 to 17,183 (54 percent to 46 percent).

In Wichita, the need for campaign finance reform

Actions of the Wichita City Council have shown that campaign finance reform is needed. Citizen groups are investigating how to accomplish this needed reform, since the council has not shown interest in reforming itself.

Consider recent actions by the council and its members:

  • The council voted to give a movie theater operator a no-interest and low-interest loan, after having already received the benefit of tax increment financing.
  • A minister dabbling in real estate development made a large contribution to his council representative just before he asked the city council for tax increment financing.
  • The council voted to give a construction company a no-bid contract for a parking garage. When later put out for competitive bid, the same company won the contract, but with a bid 21 percent less costly to taxpayers.
  • Executives of a Michigan construction company made contributions to the campaign of a city council member just before and after the council voted to give the company and its local partner a huge construction contract.
  • When a group of frequent campaign contributors wanted to win a contest for the right to build an apartment project, the city’s reference-checking process was a sham. City and other government officials were listed as references without their knowledge or consent, and none of the people listed as references were actually contacted.
  • A frequent campaign contributor, according to the Wichita Eagle, “represented himself as an agent of the city — without the city ‘s knowledge or consent — to cut his taxes on publicly owned property he leases in the Old Town Cinema Plaza.” City officials expressed varying degrees of displeasure. But it wasn’t long before David Burk was receiving taxpayer subsidy again from the city council.
  • The council voted to grant $703,017 in sales tax forgiveness to frequent campaign contributors and the mayor’s fishing buddy.

Wichita Mayor Carl Brewer with major campaign donor Dave Wells of Key Construction.
Wichita Mayor Carl Brewer with major campaign donor Dave Wells of Key Construction. Brewer has voted to send millions to Key, including overpriced no-bid contracts.
What is the common thread running through these incidents? Council members have voted to enrich their significant campaign contributors. Each of these are examples of a “pay-to-play” environment created at Wichita City Hall. It’s harmful to our city in a number of ways.

First, overpriced no-bid contracts and other giveaways to campaign contributors isn’t economic development. It’s cronyism. It’s wasteful.

Second: Citizens become cynical when they feel there is a group of insiders who get whatever they want from city hall at the expense of taxpayers. At one time newspaper editorial pages crusaded against cronyism like this. But no longer in Wichita. The Wichita Eagle has reported on some of these issues — sometimes in depth, sometimes in passing, but some have escaped notice. The editorial page of the newspaper sometimes takes notice, but is rarely critical of the council or mayor.

Third, when it is apparent that a “pay-to-play” environment exists at Wichita City Hall, it creates a toxic and corrosive political and business environment. Companies are reluctant to expand into areas where they don’t have confidence in the integrity of local government. Will I find my company bidding against a company that made bigger campaign contributions than I did? If I don’t make the right campaign contributions, will I get my zoning approved? Will my building permits be slow-walked through the approval process? Will my projects face unwarranted and harsh inspections? Will my bids be subjected to microscopic scrutiny?

Importantly: Will the Wichita city council prop up a competitor to my company with economic development incentives that place my company at severe disadvantage?

Wichita's mayor sells his barbeque sauce at movite theaters owned by a campaign contributor who receives city taxpayer subsidies.
Wichita’s mayor sells his barbeque sauce at movite theaters owned by a campaign contributor who receives city taxpayer subsidies.
We need laws to prohibit Wichita city council members from voting on or advocating for decisions that enrich their significant campaign contributors. A model law for Wichita is a charter provision of the city of Santa Ana, in Orange County, California, which states: “A councilmember shall not participate in, nor use his or her official position to influence, a decision of the City Council if it is reasonably foreseeable that the decision will have a material financial effect, apart from its effect on the public generally or a significant portion thereof, on a recent major campaign contributor.”

We’d also need to add — as does New Jersey law — provisions that contributions from a business owner’s spouse and children will be deemed to be from the business itself. This is because for Kansas municipal and school district elections, only personal contributions may be made. Additionally the contributions of principals, partners, officers, and directors, and their spouses and children, are considered to be from the business itself for purposes of the law. These provisions are important, as many city council members in Wichita receive campaign contributions from business owners’ family members and employees as a way to skirt our relatively small contribution limits. For two examples of how companies use family members, employees, and friends to stack up campaign contributions, see Campaign contributions show need for reform in Wichita.

Such campaign finance reform would not prohibit anyone from donating as much as they want (up to the current limits) to any candidate. Nor would the law prevent candidates from accepting campaign contributions from anyone.

This reform, however, would remove the linkage between significant contributions and voting to give money to the contributor. This would be a big step forward for Wichita, its government, and its citizens.

Proponents see three paths towards campaign finance reform. One would be to press for a law in the upcoming session of the Kansas Legislature. Such a law would be statewide in scope, and could apply to city councils, county commissions, school boards, townships, and other elective bodies.

A second path would be to use the municipal initiative process. Under this process, a group writes a proposed ordinance. Then, it collects valid signatures on petitions. If a successful petition is verified, the city council must either (a) pass the ordinance as written, or (b) set an election to let the people vote whether the ordinance should become law.

There is also a third path, which is for the Wichita City Council to recognize the desirability of campaign finance reform and pass such an ordinance on its own initiative.

If we take the affected parties at their word, this third path should face little resistance. That’s because politicians who accept these campaign contributions say it doesn’t affect their voting, and those who give the contributions say they don’t do it to influence votes.

If politicians and contributors really mean what they say, there should be no opposition to such a law. Citizens should ask the Wichita City Council to pass a campaign finance reform ordinance that prohibits voting to enrich significant campaign contributors.

Some incidents

warren-bailout-poses-dilemmaIn 2008 the Wichita City Council approved a no- and low-interest loan to Bill Warren and his partners. Reported the Wichita Eagle: “Wichita taxpayers will give up as much as $1.2 million if the City Council approves a $6 million loan to bail out the troubled Old Town Warren Theatre this week. That’s because that $6 million, which would pay off the theater’s debt and make it the only fully digital movie theater in Kansas, would otherwise be invested and draw about 3 percent interest a year.”

When questioned about election donations:

“I would never do anything because of a campaign contribution,” said [former council member Sharon] Fearey, who received $500 from David Burk and $500 from David Wells.

“I don’t think $500 buys a vote,” said [former council member Sue] Schlapp.

“One has nothing to do with the other,” [Wichita Mayor Carl] Brewer said.

Also in 2008, the Reverend Dr. Kevass J. Harding wanted to spruce up the Ken-Mar shopping center at 13th and Oliver, now known as Providence Square. Near the end of June, Kevass Harding and his wife contributed a total of $1,000, the maximum allowed by law, to the campaign of Wichita City Council Member Lavonta Williams (district 1, northeast Wichita). This was right before Harding appeared before the city council in July and August as an applicant for tax increment district financing (TIF).

These campaign contributions, made in the maximum amount allowable, were out of character for the Hardings. They had made very few contributions to political candidates, and they appear not to have made many since then.

Campaign contributions to Wichita City Council member Lavonta Williams from an applicant for tax increment financing.
Campaign contributions to Wichita City Council member Lavonta Williams from an applicant for tax increment financing.

But just before the Ken-Mar TIF district was to be considered for approval, the Hardings made large contributions to Williams, who is the council member representing Ken-Mar’s district. Harding would not explain why he made the contributions. Williams offered a vague and general explanation that had no substantive meaning.

In August 2011 the council voted to award Key Construction a no-bid contract to build the parking garage that is part of the Ambassador Hotel project, now known as Block One. The no-bid cost of the garage was to be $6 million, according to a letter of intent. Later the city decided to place the contract for competitive bid. Key Construction won the bidding, but for a price $1.3 million less.

The no-bid contract for the garage was just one of many subsidies and grants given to Key Construction and Dave Burk as part of the Ambassador Hotel project. In Wichita city elections, individuals may contribute up to $500 to candidates, once during the primary election and again during the general election. As you can see in this table compiled from Wichita City Council campaign finance reports, spouses often contribute as well. So it’s not uncommon to see the David and DJ Burk family contribute $2,000 to a candidate for their primary and general election campaigns. That’s a significant sum for a city council district election campaign cycle. Click here for a compilation of campaign contributions made by those associated with the Ambassador Hotel project.

Council Member Jeff Longwell (district 5, west and northwest Wichita), in his second term as council member, led the pack in accepting campaign contributions from parties associated with the Ambassador Hotel project. For his most recent election, he received $4,000 from parties associated with Key Construction, and $2,000 from David Burk and his wife. Total from parties associated with the Ambassador Hotel project: $6,000. When Longwell ran for Sedgwick County Commission this summer, these parties donated generously to that campaign, too.

Council Member Lavonta Williams (district 1, northeast Wichita) received $5,000 from parties associated with the Ambassador Hotel: $3,000 from parties associated with Key Construction, and $2,000 from David Burk and his wife.

Wichita Mayor Carl Brewer received $5,000 from parties associated with the Ambassador Hotel: $4,500 from parties associated with Key Construction, and $500 DJ Burk, David Burk’s wife.

Council Member and Vice Mayor Janet Miller (district 6, north central Wichita) received $3,500 during her 2009 election campaign from parties associated with the Ambassador Hotel: $1,500 from parties associated with Key Construction, and $2,000 from David Burk and his wife.

For his 2011 election campaign, Council Member Pete Meitzner (district 2, east Wichita) received $3,500 from parties associated with the Ambassador Hotel: $2,500 from parties associated with Key Construction, and $1,000 from David Burk and his wife.

For his 2011 election campaign, Council Member James Clendenin (district 3, southeast and south Wichita) received $1,500 from parties associated with the Ambassador Hotel: $1,000 from parties associated with Key Construction, and $500 from David Burk and his wife.

In 2011 nearly all council members approved a no-bid contract for this garage. It was later re-bid at a much lower price.
In 2011 nearly all council members approved a no-bid contract for this garage. It was later re-bid at a much lower price.
What citizens need to know is that the Wichita City Council was willing to spend an extra $1.3 million of taxpayer money to reward a politically-connected construction firm that makes heavy campaign contributions to council members. Only one council member, Michael O’Donnell, voted against this no-bid contract. No city bureaucrats expressed concern about this waste of taxpayer money.

Of interest to current mayoral politics: In 2012 while Jeff Longwell was campaigning for the Sedgwick County Commission, campaign contributions from parties associated with Walbridge, a Michigan-based construction company appeared on Longwell’s campaign finance reports. Why would those in Michigan have an interest in helping a Wichita City Council member fund his campaign for a county office? Would the fact that Walbridge is a partner with Key Construction on the new Wichita Airport terminal provide a clue?

Michigan contractors headline 500These contributions are of interest because on July 17, 2012, the Wichita City Council, sitting in a quasi-judicial capacity, made a decision in favor of Key and Walbridge that will cost some group of taxpayers or airport customers an extra $2.1 million. Five council members, including Longwell, voted in favor of this decision. Two members were opposed.

On July 16 — the day before the Wichita City Council heard the appeal that resulted in Key Construction apparently winning the airport contract — John Rakolta, Chairman and Chief Executive Officer of Walbridge and his wife contributed $1,000 to Longwell’s campaign for Sedgwick county commissioner.

Jeff Longwell vote to help Michigan CompanyThen on July 20, three days after the council’s decision in favor of Key/Walbridge, other Walbridge executives contributed $2,250 to Longwell’s campaign. Besides the Walbridge contributions, Key Construction and its executives contributed $6,500 to Longwell’s county commission campaign. Key and its executives have been heavy contributors to Longwell’s other campaigns, as well as to Wichita Mayor Carl Brewer and many other Wichita City Council members.

Wichita’s vampires and monsters

In this excerpt from WichitaLiberty.TV: The City of Wichita urges citizens to take steps to stop “vampire” power waste. But before hectoring people to introduce inconvenience to their lives in order to save small amounts of electricity, the city should tackle the real monsters of its own creation. Originally broadcast June 29, 2014. View below, or click here to view at YouTube.

For more on this issue, see “Forget the vampires. Let’s tackle the real monsters.”

WichitaLiberty.TV: Vampires on the prowl in Wichita and the city council’s treatment of citizens.

In this episode of WichitaLiberty.TV: The City of Wichita urges citizens to take steps to stop “vampire” power waste. But before hectoring people to introduce inconvenience to their lives in order to save small amounts of electricity, the city should tackle the real monsters of its own creation. Then proceedings of a recent Wichita City Council meeting are instructive of the factors citizens should consider if they want to interact with the council and city government at a public hearing. Episode 49, broadcast June 29, 2014. View below, or click here to view at YouTube.

Forget the vampires. Let’s tackle the real monsters.

Public service announcements on Facebook and Wichita City Channel 7 urge Wichitans to take steps to stop “vampire” power waste. But before hectoring people to introduce inconvenience to their lives in order to save small amounts of electricity, the city should tackle the real monsters of its own creation.

Public service announcement crawler on Wichita's cable channel network, June 17, 2014.
Public service announcement crawler on Wichita’s cable channel network, June 17, 2014.
People are probably vaguely aware that many modern electrical and electronic devices consume electricity even when switched off. One source estimates that a cell phone charger consumes 0.26 watts of electrical power even when a phone is not plugged in. While in sleep mode, a flat panel computer display consumes 1.39 watts. A clock radio uses 2.01 watts. A microwave oven while not in use and with its door closed uses 3.08 watts. (These are average values.) A large Samsung smart television on standby uses 0.3 watts.

While appearing to be wasteful, this “vampire” power consumption often has a benefit. If you unplug your clock radio when you leave for work in the morning, you save a few dozen watts of power. But, you have to reset the clock when you want to use it again. If I unplug my Samsung smart television, I’ll probably have to reprogram it to my preferences. If I want save the power my microwave oven wastes, I’ll have to wrench my back lifting it out of the way so I can reach the outlet it plugs in to. That action, naturally, unleashes a cloud of dust bunnies to dirty my counters and floor.

Wichita city government Facebook page public service advice regarding "vampire" power waste.
Wichita city government Facebook page public service advice regarding “vampire” power waste.
Nonetheless, the City of Wichita uses its Facebook page and cable television network to urge its citizens take steps like these in order to save small amounts of electricity.

How much electricity do you suppose a city street light consumes? It depends on the type of light, but common street lights use from 100 to 200 watts. During the hours when the sun does not shine, we’re generally willing to pay for that in order to obtain the benefits of lighted streets and sidewalks.

But when street lights are burning in the middle of a day, they provide absolutely no value. Street lights turned on during the day provide none of the convenience of “vampire” power usage, such as not needing to reset your clocks and move your microwave oven every day.

Bench lights and street lights in downtown Wichita switched on in the middle of the day.
Bench lights and street lights in downtown Wichita switched on in the middle of the day.
So while the City of Wichita uses its television channel to hector citizens into adding inconvenience to their lives in order to save vanishingly small amounts of electricity, the city apparently has no misgivings about using large amounts of electricity to needlessly illuminate the noonday sky, week after week.

As I’ve shown, the city often has street lights turned on at noon on days with no clouds in the sky. (See here for examples.) Yesterday dozens of city street lights were turned on at 2:30 in the afternoon on a sunny day for many blocks in downtown Wichita. This is not an isolated mistake. It is a pattern. (Even if it is cloudy and raining, the street lights add no discernible illumination during daylight.)

There’s something else. Each of us can choose the balance between “vampire” power waste and inconvenience based on our own values. If we choose to use “vampire” power in order to add convenience to our lives, we have to pay for it.

Two street lights in downtown Wichita, June 20, 2014.
Two street lights in downtown Wichita, June 20, 2014.
But the Wichita city hall bureaucrats who burn street lights in the noonday sun week after week are spending your money, not theirs.

(Yes, city hall bureaucrats pay taxes to the city just like you and I, so their tax money is also wasted. But because the cost of this waste is spread over the entire city, the motivation for any one person to take steps to eliminate the waste is small. Especially if, like a city hall bureaucrat would, you’d have to actually work in order to achieve savings. But these same bureaucrats and politicians urge you to work harder in your home in order to save small amounts of “vampire” electricity.)

The wasteful expenditures on street lights I’ve been illustrating for several weeks are located in districts of the city represented by Janet Miller and Lavonta Williams. Both express concern for the environment and criticize the purported harm man has caused the earth by emitting greenhouse gases. Here’s an opportunity for them to act on their beliefs.

Wichita city council schools citizens on civic involvement

Proceedings of a recent Wichita City Council meeting are instructive of the factors citizens should consider if they want to interact with the council and city government at a public hearing.

At the June 17, 2014 meeting of the Wichita City Council, one agenda item was a public hearing to consider adding a property to the city’s facade improvement program. Susan Estes of Americans for Prosperity-Kansas appeared before the council during the hearing to express concern that a member of AFP (me) had made a request for information on the item, but had not received the information by the time of the public hearing. Background on my request and its importance to public policy can be found at In Wichita, a public hearing with missing information. Video of this meeting is below, or click here to view at YouTube.

From the bench, Council Member Pete Meitzner (district 2, east Wichita) said that this Pete Meitzer District 2 2012item had been “discussed in length last week,” referring to what would be the June 10, 2014 meeting. A reading of council agendas and minutes shows that it was actually at the June 3 meeting when the item was presented. Further, the June 3 matter was a different item. It’s a small detail, but the purpose of the June 3 item was to approve and accept the property owners petition and set the date for a public hearing. That public hearing was held on June 17.

At the June 3 meeting, contrary to Meitzner’s assertion, there was no substantive discussion on this item except for the presentation by city staff. There really was no need for discussion at that time, as the purpose of the agenda item was to accept the petition and set a date for a public hearing. If the petition is valid in its form, I don’t believe the council has any choice but to accept it and set a date for a public hearing. The purpose of the public hearing is to, naturally, hear from the public.

At the June 17 meeting during the public hearing, Meitzner questioned Estes and city staff. He asked if there was a “gap analysis” performed on all special assessments the city establishes. When told no, he asked Open Recordswhy is the gap analysis needed for this project and not for others. The assistant city manager explained that it is required for economic development projects like the one under consideration today, but not for others.

Questioning at the meeting also revealed that there are legal issues regarding whether the gap analysis can be disclosed to the public. The city has told me it will respond to my request for the document by June 20. The city is treating my friendly request for the document as a request made under the Kansas Open Records Act. That law is permeated with loopholes and exceptions that give government many pretexts to avoid disclosure of documents.

The meeting also featured an impassioned attack on Estes and her allies from a citizen speaker. The attack was based on incorrect information, as was explained to the citizen in the meeting.

What citizens can learn from this meeting

If you don’t ask for information on a schedule that pleases the city council, you may be criticized by multiple council members.

Council members may criticize you based on incorrect facts.

Council members may grill you based on their lack of knowledge of — or incorrect understanding of — city policy.

If you ask for information from the City of Wichita, but don’t also ask for the same from other jurisdictions, a city council member may seek to discredit you.

In Wichita, the attitude of some elected officials needs adjustment

In this excerpt from WichitaLiberty.TV: Attitudes of Wichita government leaders towards capitalism reveal a lack of understanding. Is only a government-owned hotel able to make capital improvements? Then, two examples of the disdain elected officials express towards their constituents who don’t agree with them. View below, or click here to view at YouTube.

Uber, not for Wichita

A novel transportation service worked well for me on a recent trip to Washington, but Wichita doesn’t seem ready to embrace such innovation.

Have you heard of Uber and similar services? Uber says it is “… evolving the way the world moves. By seamlessly connecting riders to drivers through our [smartphone] apps, we make cities more accessible, opening up more possibilities for riders and more business for drivers. From our founding in 2009 to our launches in over 70 cities today, Uber’s rapidly expanding global presence continues to bring people and their cities closer.”

Uber works like this: Riders use their smartphones and the Uber app to request a ride. Drivers — who have undergone an application process and background check — acknowledge the request and pick up the rider. When the dropoff is made, payment is handled through the Uber app.

Being driven by Uber on the Washington Beltway.
Being driven by Uber on the Washington Beltway.
My first trip using Uber was from Dulles International Airport to my hotel in downtown Washington, a pretty long trip at nearly 27 miles. My Uber fare was $59.50. While that is expensive, my hotel’s website listed cab fare as $60. A private sedan would be $90, with reservations required.

So it seems like Uber is priced about the same as a regular taxicab. But: There’s a big difference. The Uber fare is all-inclusive. The way I elected to pay with Uber — which I suspect is probably the easiest way — was to store my credit card with the Uber system. As we approached my destination, I asked my driver if I could add a tip through the Uber app. He said no, there’s no need to. As he transferred my luggage to the bellman, it seemed awkward to not offer a tip. But I confirmed with DC natives that’s the way it is with Uber: No tipping.

No tipping! That’s refreshing. I’m tired of cab drivers extorting tips. But you may be asking: What motivates Uber drivers to offer good service? One factor is that customers rate their drivers through the smartphone app. An intriguing factor is that Uber drivers rate their passengers. Also, a customer service representative followed up regarding my trip. Another thing: My drivers seemed to like their job. They took pride in their clean cars and amenities.

And what service it was. There are several levels of Uber service. I used UberX, which is the least expensive. Other Uber services available in some cities include luxury cars or SUVs. The three cars I rode in were a Toyota Prius, a Lexus, and a Volvo. All were impeccably clean — both the cars and the polite drivers. On all three rides I was offered a bottle of water. Two cars had magazines for me to read. One had a bowl of wrapped candy on the seat next to me. Drivers asked if I was comfortable with the setting of the air conditioning. They were not blasting their radios, as has been the case with some of my cab trips.

In short, the service was great. While the Uber fare was the same as what my hotel estimated for a taxi fare, there was an important difference — no tip to the Uber driver. No need for cash, no need for a taxi driver to fumble with an awkward method of accepting credit cards.

A receipt from a trip using Uber. Click for larger version.
A receipt from a trip using Uber. Click for larger version.
And … a neat receipt available on the Uber website or in my email. When I’ve asked a cab driver for a receipt, I’ve received a blank form.

And … I had an estimate of the fare before I requested a driver. In my case, the estimate was $60.00, with the actual fare at $59.50. Remember, no tipping.

Uber in Wichita?

Recently Uber and Lyft (a similar service) started operations in Kansas City, Missouri. Nearly immediately the city council passed additional regulations that make it tougher — or impossible — for these services to operate.

Requesting an Uber driver.
Requesting an Uber driver.
In Wichita, it’s certain that Uber would be in violation of city ordinances. In 2012 the city passed new taxi regulations which erect and enforce substantial barriers to entering the taxicab market. Some of the most restrictive include these: Drivers must work for a company that has a central office staffed at least 40 hours per week; a taxicab company must have a dispatch system operating 24 hours per day, seven days per week; it must have enough cabs to operate city-wide service, which the city has determined is ten cabs; and a supervisor must be on duty at all times cabs are operating.

A dispatch system. That’s 1950s technology. Uber and similar services use smartphones. No dispatcher needed. No central office required. When you request a ride with the Uber app, you see a screen showing the available drivers nearby, along with an estimate of when the driver will arrive. You can watch the driver’s progress towards your pickup location. Can you do that with Wichita’s cab companies with their supervisors and dispatch systems?

Requesting a driver in Wichita using Uber. It's not available.
Requesting a driver in Wichita using Uber. It’s not available.
Wichita has implemented regulations regarding the hygiene and local knowledge of taxi drivers, enforced by bureaucrats. How is Uber regulated? First, there are the customer ratings, a powerful force. Then, provided with Uber receipts is a map of the route the driver took to deliver riders to their destinations. If riders are concerned that drivers are padding fares by taking roundabout routes, that’s easy to see and resolve, and the Uber dashboard lets riders request a fare review. Can you imagine how difficult that would be in Wichita, to prove that your driver padded your fare or extorted a tip?

Regulation by bureaucrats, or regulation by customers. There’s a difference, and Wichita is served by the least effective, thanks to our city council.

To top it off, while Wichita has regulations regarding the personal hygiene of drivers and the cleanliness of their vehicles, the city fell short in protecting drives from something really important, like violent crime. After the city passed the new regulations, a passenger was raped by a driver. The Wichita Eagle reported “[the driver] shouldn’t have received a taxi license but did because the new change banning registered sex offenders wasn’t communicated to staff members doing background checks on taxi driver applicants, city officials told The Eagle on Friday. The city has fixed the problem that led to the oversight in Spohn’s case, they said.” (See Regulation failure leads to tragedy in Wichita.)

wichita-taxi regulationsThe regulations regarding customer service training were implemented. But the really important regulations? Lack of oversight, says the city. Which leads us to wonder: Who is regulating the regulators? If an Uber driver committed such a crime, the company would undoubtedly be held liable and experience a loss of reputation. But how do we hold city bureaucrats accountable for their regulatory failures?

Going forward

Will Wichita consider relaxing taxicab regulations so that Wichitans might be served by a superior service like Uber? Not likely, I would say. The city council is proud of the new and restrictive regulations. The city is served by three taxi companies, two having the same owner. These companies are likely to lobby aggressively against allowing Uber and similar services in Wichita, just as taxi companies have done in other cities.

Recent discussion about the future of transit in Wichita have not included services like Uber. At last week’s city council meeting Council Member Janet Miller (district 6, north central Wichita) spoke about baby boomers who may soon be aging and either can’t drive, or don’t want to drive. Yet, she said, they have disposable income and want to spend it. These are ideal customers for Uber.

Uber and the like might not be a total replacement for traditional city bus transit. But it could help many people, and it could provided needed competition to the city’s taxicab fleet. But it doesn’t seem likely that we’ll see Uber in Wichita soon, if at all.

WichitaLiberty.TV: Alternatives to raising taxes, how to become involved in politics, and bad behavior by elected officials

In this episode of WichitaLiberty.TV: Wichita voters tell pollsters that they prefer alternatives to raising taxes. Then, how can you get involved in politics? A deadline is approaching soon. Finally, some examples of why we need to elect better people to office. Episode 44, broadcast May 25, 2014. View below, or click here to view at YouTube.

In Wichita, capitalism doesn’t work, until it works

Attitudes of Wichita government leaders towards capitalism reveal a lack of understanding. Is only a government-owned hotel able to make capital improvements?

Janet miller
Janet Miller
One of the problems Wichita faces as it decides the future level of government involvement in its economy is an anti-market and anti-capitalism bias of many council members. It’s also characteristic of city hall bureaucrats. The basic belief is that government is not hindered by the demands of businesses, such as profit. Therefore, it is able to do things that the private sector cannot, or will not, do. Wichita City Council Member Janet Miller (district 6, north central Wichita) recently provided an example:

Council member Janet Miller called the Hyatt a special case and said she’s opposed to selling it.

“We have to maintain a high quality convention hotel,” she said. “The hotel makes a profit, but we reinvest the profits back into it. If we sell that property, a hotelier is unlikely to invest as much back into it as we do — debt service, stockholders, things like that. We don’t have that burden.” (Hyatt Regency Wichita focus of debate as council examines city-owned real estate, March 28, 2014 Wichita Eagle)

I don’t know if Miller reads the Wichita Eagle, but less than one month before, that newspaper reported this:

A $5 million renovation project at the Wichita Marriott hotel near east Kellogg and the Kansas Turnpike is complete.

The 10-month-long project encompassed nearly the entire ground floor of the 11-story, 294-room hotel at 9100 Corporate Hills Drive, said general manager Michelle Ruffin-Stein.

“We basically tore everything down and started from scratch,” said Ruffin-Stein, who added that the hotel remained in operation throughout the renovation.

She said it was the first extensive renovation of the hotel’s ground floor since the hotel opened in 1987. It follows a renovation of the hotel’s guest rooms about four years ago, she said. (Wichita Marriott hotel’s $5 million renovation complete, March 3, 2014 Wichita Eagle)

You draw your own conclusions. Here are a few that I’ve drawn.

If I owned or worked at the Wichita Marriott or other hotel in Wichita, I’d be offended with Miller’s implication that the Hyatt is Wichita’s only “high quality convention hotel.” Why did we pour millions in taxpayer subsidy into the Broadview and Ambassador hotels?

Even though it has the “burden” of being in the private sector, how was the Marriott able to invest millions in renovation?

How would you feel if you owned a high-quality convention hotel, like the Marriott, and the city operates a competitor that doesn’t have to worry about profits, debt service, and stockholders? Does that create an environment that encourages private investment? Perhaps this is why so many of the hotels that have opened recently in Wichita have sought and received millions in government subsidy.

The expressed attitude of Miller towards business and capitalism is common among government officials and bureaucrats. Yet, we are expected to trust people with these beliefs to lead our economic development efforts. It’s little wonder that the only solutions considered involve a greater role for government, including greater revenue for government.

Finally, I wonder if other hotels are more diligent than the Hyatt in keeping people from establishing meth labs in their rooms.

WichitaLiberty.TV: For whose benefit are elections, school employment, wind power, unions, unemployment

Wichita City HallIn this episode of WichitaLiberty.TV: The controversy over the timing of city and school board elections provides an insight into government. Then: Can a candidate for governor’s claims about Kansas school employment be believed? Wind power is expensive electricity, very expensive. A Wichita auto dealer pushes back against union protests. Finally, what is the real rate of unemployment in America? Episode 36, broadcast March 23, 2014. View below, or click here to view at YouTube.

Starwood calls on Wichita

Office worker using telephone and computer

This Tuesday the Wichita City Council considers economic development incentives to Starwood Hotels & Resorts for a call center to open in Wichita.

Besides the usual problems with cronyism and corporate welfare (see Wichita-area economic development policy changes proposed for explanation of some problems), there are a few issues to consider regarding this item.

First, the site where the Starwood call center will be located is owned by Max Cole. He and his wife are significant campaign contributors to Wichita City Council Member James Clendenin (district 3, southeast and south Wichita). Under the concept of pay-to-play laws that Wichita needs, Clendenin should refrain from voting on this matter.

Second, a table of salaries supplied in the agenda packet makes an implied promise that probably won’t be kept. The table shows numbers of jobs (actually full-time equivalents), the hourly pay rate, and the annual wage. The annual wage, in all cases, is 2,080 times the hourly rate, meaning it is assumed that workers will work 40 hours per week, 52 weeks per year.

Information from the Kansas Department of Commerce offers more detail. Initially, 495 full-time and 55 part-time jobs will be created. In year five, the total will be 860 full-time and 95 part-time total. There is also this notation: “The company will pay at least 50% of employee health insurance benefits.”

As you may be aware, one of the provisions of Obamacare is that if employees work over 30 hours per week, the employer must provide health insurance or be fined. As a result, many companies across the county are scaling back weekly work hours to less than 30.

We ought to ask if Starwood intends to hire employees who will work 40 hours per week, if they want to. Will the liberals on the Wichita City Council — Mayor Carl Brewer, Council Member Lavonta Williams (district 1, northeast Wichita), and Council Member Janet Miller (district 6, north central Wichita) — ask that Starwood operate under the standards of Obamacare? The table presents data as “full-time equivalents,” which provides room for Starwood to go either way.

Starwood is asking for a forgivable loan of $200,000 from Wichita, and another of the same amount from Sedgwick County. I asked the Kansas Department of Commerce if it would reveal the programs and incentives that Starwood will receive from the State of Kansas. It would not supply that information at this time, but I obtained the information by another means. The state describes its offer to Starwood as worth “up to $1,583,272.” Of this, $750,000 would be in the form of direct cash grants.

Here is a link to the relevant pages from the Wichita city council agenda: Starwood Hotels & Resorts Economic Development Incentive Agreement with City of Wichita, Kansas. Also, from the Department of Commerce: Starwood Hotels & Resorts Economic Development Incentives offered by State of Kansas.

Janet Miller corrects misinformation

A Wichita City Council member sets out to correct misinformation, but instead makes a number of factual errors.

At last week’s Wichita City Council meeting, Council Member Janet Miller (district 6, north central Wichita) took an opportunity to correct misinformation she says was presented. It wasn’t the first time she’s done that; see On Wichita’s Exchange Place TIF, Janet Miller speaks, City council members on downtown Wichita revitalization, Wichita Old Town TIF district illustrates cost and harm of subsidy, Wichita fluoridation debate reveals attitudes of government, and At Wichita City Council, facts are in dispute for other examples of Miller attempting to correct misinformation.

It should be noted that Miller and some other council members make these statements from their perch on the city council bench. There, their statements can’t be questioned or rebutted except by other council members. That happens only rarely. It’s left to others to do that job.

Here are some examples from the most recent meeting, with video following.

On the positive economic impact to the city of the project, Miller said “For every dollar that the city invests in any part of this project the return to the public good is two point six two.” But as I detail in In Wichita, economic development policies are questioned, this is not true for this project when the large cost to the city’s debt service fund is considered, as has been the city’s policy for economic development incentives. Except: Apparently new policy has been formulated to suit the special needs of this project.

Also, the hotel received tax credits that were a cost to the state and the nation, of which Wichita taxpayers are part. These costs were not included in the cost-benefit study that Miller cited.

In promoting the benefit of the hotel, Miller said that the city retains one hundred percent of the guest tax collected by the hotel. She didn’t tell the audience that this wasn’t her preference. Miller voted for an ordinance that would have re-routed 75 percent of that tax back to the hotel, to be used in any way its owners want. But Kansas law allowed citizens to challenge the special type of ordinance that was used to implement this law. By gathering signatures and winning an election, this guest tax redirection that Miller supported was defeated. Now, she says that having no such redirection is a positive factor.

Miller also mentioned the retail space lease in the parking garage, saying it’s “being leased to a third party professional management entity who has the expertise to recruit high quality tenants,.” She added that this will result in increased tax revenue to the city.

This is true, I suppose. But it doesn’t negate what Miller voted to do for one of her long-time campaign supporters. She vote to build, at taxpayer expense, about 8,500 square feet of retail space in the garage. Then she voted to lease it to her campaign contributors for $1 per year. This space can then be rented out for, at minimum, about $127,500 annually. We don’t really know what the public purpose for this is, or why this had to be done. Except for cronyism — we’re sure of that.

Miller also said that as a council member she earns a salary that is 30 percent of her previous salary. Council members have a salary of around $35,000, which implies that Miller previously earned around $116,000. Good for her to have earned that.

Miller also carped about the referendum election in February 2012, noting that the “city” could not raise money and campaign for the project. That’s not entirely true. We saw that in November 2004 and November 2008, government officials campaigned “off the books” for the temporary county sales tax and Wichita school bond. Council members could have spoken as private individuals in favor of their position, whatever it was.

As it turned out, the Ambassador Hotel group spent four times as much as the side that won. Lack of money to get out a message was not a problem.

As far as misinformation during the campaign, I would ask readers to review the Wichita Eagle’s fact-checking article, as well as my own article Fact checking the Wichita Ambassador Hotel campaign. Additionally, the campaign site I created at dtwichita.com is still available, as are the articles on wichitaliberty.org. If Miller or anyone else is able to find an error, I will post a correction.

Wichitans have choices; perhaps not information

The Wichita Eagle publishes a voter guide before each election. While this is a useful civic service, readers of the newspaper might wonder what is the point of allowing candidates to make statements and claims without being held accountable.

Here are two examples of candidates responding to the question “Assess the city’s success in downtown revitalization so far. How do you see that role evolving in the future?”

Council Member Lavonta Williams (district 1, northeast Wichita) responded as follows:

The trend in downtown redevelopment is showing a definite payoff in private investment exceeding $250 million since 2009. People are moving downtown and more private developers are starting projects in the area all of the time. I think that the city will still need to play a role in assuring that infrastructure, especially public green spaces and strategically placed parking, is in place so that private development can be attracted.

Council Member Janet Miller (district 6, north central Wichita) answered this way:

Wichita adopted its Downtown Master Plan in 2010 following an 18-month process involving input from several thousand Wichitans. Since the plan’s adoption, there has been a growing confidence in downtown development, which has resulted in more than $150 million in private investment. The City’s role will be to continue to foster private investment supported by public infrastructure improvements where needed.

Both incumbent candidates claim a large investment in downtown Wichita. Although they didn’t make this claim in these answers, it’s usually claimed that the taxpayer investment in downtown pays off in the form of increased tax revenues. This is the cost-benefit analysis that the city relies on and uses to justify taxpayer investment in projects.

 Wichita Downtown Self-supporting Municipal Improvement District SSMID Assessed Valuation 2013-02 b

But evidence of a payoff for the taxpayer is hard to find. At the same time hundreds of millions in investment is claimed, the assessed value of property in downtown Wichita is declining.

We’re left to wonder whether readers of the Wichita Eagle are aware of the apparent contradiction between candidates’ claims and evidence from the real world.

On another issue, the influence of campaign contributions, readers of the Eagle will probably also be uninformed about candidates’ actions. In response to the question “How would you handle a vote on an issue involving a campaign contributor?” Council Member James Clendenin (district 3, southeast and south Wichita) supplied this answer:

No different than any other vote. I will vote for the best interest of the citizens Wichita and District III. I answer directly to the voters.

Williams answered the same question this way:

I would continue to handle it the way I always have. The city has good campaign finance laws that make sure no one individual or group can buy a council person’s vote. The law limits the contributions to a low enough amount that no one contribution can make or break a campaign. I treat each donation whether large or small the same and thank the community for their faith and support in what I do.

The candidates’ lofty claims of independence from campaign contributions are difficult to believe. There is simply too much money given, and the candidates’ actions are too suspect.

As an example, in 2012, these two candidates received campaign contributions from two sources: A group of principals and executives of Key Construction, and another group associated with theater owner Bill Warren. Except for $1.57 in unitemized contributions to Clendenin, these two groups accounted for all contributions received by these two incumbents.

Those associated with Key Construction gave a total of $7,000. Williams received $4,000, and $3,000 went to Clendenin.

Those associated with Warren gave $5,000, all to Clendenin.

The problem is that both of these groups have benefited from the cronyism of the Wichita City Council, in particular members Williams and Clendenin.

Here’s one example, perhaps the worst. In August 2011 the council voted to award Key Construction a no-bid contract to build the parking garage that is part of the Ambassador Hotel project, now known as Block One. The no-bid cost of the garage was to be $6 million, according to a letter of intent. Later the city decided to place the contract for competitive bid. Key Construction won the bidding, but for a price $1.3 million less.

Both Williams and Clendenin voted for this no-bid contract that was contrary to the interests of taxpayers. They didn’t vote for this reluctantly. They embraced it.

Last summer Williams and Clendenin, along with the rest of the council, participated in a decision to award the large contract for the construction of the new Wichita airport to Key Construction, despite the fact that Key was not the low bidder. The council was tasked to act in a quasi-judicial manner, to make decisions whether discretion was abused or whether laws were improperly applied.

Judges shouldn’t preside over decisions that hugely enrich their significant campaign contributors. No matter what the merits of the case, this is bad government.

Williams was also the beneficiary of campaign contributions immediately before a Methodist minister asked the city to approve over two million dollars in tax increment financing. In 2008, the Reverend Dr. Kevass J. Harding wanted to spruce up the Ken-Mar shopping center at 13th and Oliver, now known as Providence Square. Near the end of June, Kevass Harding and his wife contributed a total of $1,000, the maximum allowed by law, to the campaign of Wichita City Council Member Lavonta Williams (district 1, northeast Wichita). This was right before Harding appeared before the city council in July and August as an applicant for tax increment district financing (TIF).

These campaign contributions, made in the maximum amount allowable, were out of character for the Hardings. They had made very few contributions to political candidates, and they appear not to have made many since then.

But just before the Ken-Mar TIF district was to be considered for approval, the Hardings made large contributions to Williams, who is the council member representing Ken-Mar’s district. Harding would not explain why he made the contributions. Williams offered a vague and general explanation that had no substantive meaning.

By the way, this project, under Harding’s management, foundered until the city council offered a bailout. By then Harding had found new partners. No surprise these partners included Key Construction, Williams’ sole source of campaign funds in 2012.

Wichitans who rely on the Wichita Eagle for advice on voting won’t likely be aware of these facts regarding these candidates.

Wichita economic development and the election

Ballot boxAs Wichitans decide their preference for city council members, voters should take a look at the numbers and decide whether they’re satisfied with our city’s performance in economic development.

As shown in the article Wichita economic statistics, Wichita is not doing well in key economic statistics. Debt has risen rapidly in recent years. Growth of private sector jobs lags far behind the nation and the state of Kansas, and government jobs have grown faster than private sector jobs. While inflation-adjusted spending per person is holding relatively steady, the city is cutting services and generally sending a message of budgetary distress.

Perhaps most astonishing: With all the public money poured into downtown redevelopment, with all the claims of new projects being competed, and with all the talk of building up the tax base, assessed valuation in downtown Wichita is declining.

In his recent State of the City Address, Wichita Mayor Carl Brewer called for increased effort and funding for economic development, specifically job creation. He, and most of Wichita’s political and bureaucratic leaders, believe that more targeted economic development incentives are needed to boost Wichita’s economy.

Whether these incentives are good economic development policy is open for debate. I don’t believe we need them. Kansas and Wichita should chart another course to increase economic freedom in Kansas. That, in turn, will make our area appealing to companies. But our local bureaucrats, most business leaders, and nearly all elected officials believe that targeted incentives are the way to attract and retain business.

Even if we believe that an active role for government in economic development is best, we have to conclude that our efforts aren’t working. In most years, the number of jobs that officials take credit for creating or saving is just a small part of the labor force, often less than one percent.

Rarely mentioned are the costs of creating these jobs. These costs have a negative economic impact on those who pay them. This means that economic activity and jobs are lost somewhere else in order to pay for the incentives.

Also, some of these jobs would have been created without the city’s efforts. All the city should take credit for is the marginal activity that it purportedly created. Government usually claims credit for everything, however.

Several long-serving politicians and bureaucrats that have presided over this failure: Mayor Carl Brewer has been on the city council or served as mayor since 2001. Economic development director Allen Bell has been working for the city since 1992. City Attorney Gary Rebenstorf has served for many years.

Wichita City Manager Robert Layton has had less time to influence the course of economic development in Wichita. But he’s starting to become part of the legacy of Wichita’s efforts in economic development.

The incumbents running for reelection to city council have been in office varying lengths of time. All, however, subscribe to the interventionist model of economic development championed by the mayor. That’s the model that hasn’t been working for Wichita.

If voters in Wichita are truly concerned about economic development for everyone, next week’s election provides an opportunity to make a positive change by bring new voices to the city council.

Is graft a problem in Wichita?

Dump truck carrying coins

In his paper History and Constitutionality of Pay-to-Play Campaign Finance Restrictions in America Greg Schmid explains the problems that result from the “soft corruption” that pay-to-play laws combat.

Is this a problem in Wichita? Is it possible that “Graft takes the collective wealth of working taxpayers and transfers that wealth to the benefit of corrupt government officials and their private sector accomplices” in Wichita?

Yes. Absolutely. As explained in In Wichita, a quest for campaign finance reform, we have a problem.

An example: In August 2011 the Wichita City Council voted to award Key Construction a no-bid contract to build the parking garage that is part of the Ambassador Hotel project, now known as Block One. The no-bid cost of the garage was to be $6 million, according to a letter of intent. Later the city decided to place the contract for competitive bid. Key Construction won the bidding, but for a price $1.3 million less.

The no-bid contract for the garage was just one of many subsidies and grants given to Key Construction and Dave Burk as part of the Ambassador Hotel project. Both of these parties are heavy campaign contributors to nearly all city council members.

What citizens need to know is that the Wichita City Council was willing to spend an extra $1.3 million of taxpayer money to reward a politically-connected construction firm that makes heavy campaign contributions to council members. Only one council member, Michael O’Donnell, voted against this no-bid contract. No city bureaucrats expressed concern about this waste of taxpayer money.

As elections approach, Wichita voters ought to remember that the three incumbents running for reelection all accepted campaign contributions from the parties that they voted to reward with an overpriced no-bid construction contract.

Following, Greg Schmid explains the problem in this excerpt from History and Constitutionality of Pay-to-Play Campaign Finance Restrictions in America:

The Problem
Graft is nothing new in the world, especially soft “white collar” corruption involved in the award of government contracts based on “special relationships” between public officials and government contractors. Particular acts of corruption are often hard to detect, one at a time, but the aggregate effects of “Pay to Play” are reflected by the heavy financial toll that corrupted actors within our government system take on the taxpayer. Graft takes the collective wealth of working taxpayers and transfers that wealth to the benefitof corrupt government officials and their private sector accomplices. Graft increases the cost of government by motivating officials “on the take” to mismanage government project spending. An inside deal, that is good for the corrupt official personally, usually leads to a bad economic decision for the public because the extra cost of corruption must be passed on to the taxpayer; a bought politician tends to make distorted choices. This “mismanagement effect” is costly to the public trust. One dollar of corruption is estimated to impose a burden of $1.67 on the taxpayers. …

Efforts to make government transactions transparent are met with disdain and with incredulous personalized claims that people who don’t trust their public officials are just paranoid, and should not be allowed to interrupt the people’s business by prying into the inner workings of government procurements. Fear of being targeted for ridicule or worse by society’s powerful elite makes it easy to look the other way, live in denial, or just accept government corruption as the way of the world. This is the most dangerous attitude of all; the perception that our government system is just unethical and corrupt and that there is nothing anyone can do about it. By this attitude, the perception of pervasive corruption at all levels of government, citizens lose hope and lose faith in their governing institutions. When this fundamental disconnect occurs people disengage from government, and self-governance is at risk.

In Wichita, a quest for campaign finance reform

Actions of the Wichita City Council have shown that campaign finance reform is needed. Citizen groups are investigating how to accomplish this needed reform, since the council has not shown interest in reforming itself.

Consider recent actions by the council and its members:

The common thread running through these incidents? Council members voting to enrich their campaign contributors. Each of these — and there are others — are examples of a “pay-to-play” environment created at Wichita City Hall. It’s harmful to our city in a number of ways.

First, overpriced no-bid contracts and other giveaways to campaign contributors isn’t economic development. It’s cronyism. It’s wasteful and abusive of taxpayers and erodes their trust in government.

Second: Citizens become cynical when they feel there is a group of insiders who get whatever they want from city hall at the expense of taxpayers. At one time newspaper editorial pages crusaded against cronyism like this. But no longer in Wichita.

Additionally, when it is apparent that a “pay-to-play” environment exists at Wichita City Hall, it creates a toxic and corrosive political and business environment. Companies are reluctant to expand into areas where they don’t have confidence in the integrity of local government. Will I find my company bidding against a company that made bigger campaign contributions than I did? If I don’t make the right campaign contributions, will I get my zoning approved? Will my building permits be slow-walked through the approval process? Will my projects face unwarranted and harsh inspections? Will my bids be subjected to microscopic scrutiny?

We need laws to prohibit Wichita city council members from voting on or advocating for decisions that enrich their significant campaign contributors. A model law for Wichita is a charter provision of the city of Santa Ana, in Orange County, California, which states: “A councilmember shall not participate in, nor use his or her official position to influence, a decision of the City Council if it is reasonably foreseeable that the decision will have a material financial effect, apart from its effect on the public generally or a significant portion thereof, on a recent major campaign contributor.”

We’d also need to add — as does New Jersey law — provisions that contributions from a business owner’s spouse and children will be deemed to be from the business itself. Additionally the contributions of principals, partners, officers, and directors, and their spouses, are considered to be from the business itself for purposes of the law. These provisions are important, as many city council members in Wichita receive campaign contributions from business owners’ family members and employees as a way to skirt our relatively small contribution limits.

Such campaign finance reform would not prohibit anyone from donating as much as they want (under the current restrictions) to any candidate. Nor would the law prevent candidates from accepting campaign contributions from anyone.

This reform, however, would remove the linkage between significant contributions and voting to give money to the contributor. This would be a big step forward for Wichita, its government, and its citizens.

Proponents see three paths towards campaign finance reform. One would be to press for a law in the upcoming session of the Kansas Legislature. Such a law would be statewide in scope, and could apply to city councils, county commissions, school boards, and other elective bodies.

A second path would be to use the municipal initiative process, which was used by community water fluoridation advocates in Wichita this year. Under this process, a group writes a proposed ordinance. Then, it must collect about 6,200 valid signatures on petitions. If a successful petition is verified, the city council must either (a) pass the ordinance as written, or (b) set an election. For the fluoridation initiative the council voted to call an election, which was held as part of the November general election. (The initiative failed to obtain a majority of votes, so the proposed ordinance did not take effect.)

There is also a third path, which is for the Wichita City Council to recognize the desirability of campaign finance reform and pass such an ordinance on its own initiative.

If we take the affected parties at their word, this third path should face little resistance. That’s because politicians who accept these campaign contributions say it doesn’t affect their voting, and those who give the contributions say they don’t do it to influence votes.

If politicians and contributors really mean what they say, there should be no opposition to such a law. Citizens should ask the Wichita City Council to pass a campaign finance reform ordinance that prohibits voting to enrich significant campaign contributors.

Incidents

In 2008 the Wichita City Council approved a no- and low-interest loan to Bill Warren and his partners. Reported the Wichita Eagle: “Wichita taxpayers will give up as much as $1.2 million if the City Council approves a $6 million loan to bail out the troubled Old Town Warren Theatre this week. That’s because that $6 million, which would pay off the theater’s debt and make it the only fully digital movie theater in Kansas, would otherwise be invested and draw about 3 percent interest a year.”

When questioned about election donations:

“I would never do anything because of a campaign contribution,” said [former council member Sharon] Fearey, who received $500 from David Burk and $500 from David Wells.

“I don’t think $500 buys a vote,” said [former council member Sue] Schlapp.

“One has nothing to do with the other,” [Wichita Mayor Carl] Brewer said.

Also in 2008, the Reverend Dr. Kevass J. Harding wanted to spruce up the Ken-Mar shopping center at 13th and Oliver, now known as Providence Square. Near the end of June, Kevass Harding and his wife contributed a total of $1,000, the maximum allowed by law, to the campaign of Wichita City Council Member Lavonta Williams (district 1, northeast Wichita). This was right before Harding appeared before the city council in July and August as an applicant for tax increment district financing (TIF).

These campaign contributions, made in the maximum amount allowable, were out of character for the Hardings. They had made very few contributions to political candidates, and they appear not to have made many since then.

But just before the Ken-Mar TIF district was to be considered for approval, the Hardings made large contributions to Williams, who is the council member representing Ken-Mar’s district. Harding would not explain why he made the contributions. Williams offered a vague and general explanation that had no substantive meaning.

In August 2011 the council voted to award Key Construction a no-bid contract to build the parking garage that is part of the Ambassador Hotel project, now known as Block One. The no-bid cost of the garage was to be $6 million, according to a letter of intent. Later the city decided to place the contract for competitive bid. Key Construction won the bidding, but for a price $1.3 million less.

The no-bid contract for the garage was just one of many subsidies and grants given to Key Construction and Dave Burk as part of the Ambassador Hotel project. In Wichita city elections, individuals may contribute up to $500 to candidates, once during the primary election and again during the general election. As you can see in this table complied from Wichita City Council campaign finance reports, spouses often contribute as well. So it’s not uncommon to see the David and DJ Burk family contribute $2,000 to a candidate for their primary and general election campaigns. That’s a significant sum for a city council district election campaign cycle. Click here for a compilation of campaign contributions made by those associated with the Ambassador Hotel project.

Council Member Jeff Longwell (district 5, west and northwest Wichita), in his second term as council member, led the pack in accepting campaign contributions from parties associated with the Ambassador Hotel project. For his most recent election, he received $4,000 from parties associated with Key Construction, and $2,000 from David Burk and his wife. Total from parties associated with the Ambassador Hotel project: $6,000. When Longwell ran for Sedgwick County Commission this summer, these parties donated generously to that campaign, too.

Council Member Lavonta Williams (district 1, northeast Wichita) received $5,000 from parties associated with the Ambassador Hotel: $3,000 from parties associated with Key Construction, and $2,000 from David Burk and his wife.

Wichita Mayor Carl Brewer received $5,000 from parties associated with the Ambassador Hotel: $4,500 from parties associated with Key Construction, and $500 DJ Burk, David Burk’s wife.

Council Member and Vice Mayor Janet Miller (district 6, north central Wichita) received $3,500 during her 2009 election campaign from parties associated with the Ambassador Hotel: $1,500 from parties associated with Key Construction, and $2,000 from David Burk and his wife.

For his 2011 election campaign, Council Member Pete Meitzner (district 2, east Wichita) received $3,500 from parties associated with the Ambassador Hotel: $2,500 from parties associated with Key Construction, and $1,000 from David Burk and his wife.

For his 2011 election campaign, Council Member James Clendenin (district 3, southeast and south Wichita) received $1,500 from parties associated with the Ambassador Hotel: $1,000 from parties associated with Key Construction, and $500 from David Burk and his wife.

What citizens need to know is that the Wichita City Council was willing to spend an extra $1.3 million of taxpayer money to reward a politically-connected construction firm that makes heavy campaign contributions to council members. Only one council member, Michael O’Donnell, voted against this no-bid contract. No city bureaucrats expressed concern about this waste of taxpayer money.

Finally: This summer while Longwell was campaigning for the Sedgwick County Commission, campaign contributions from parties associated with Walbridge, a Michigan-based construction company appeared on Longwell’s campaign finance reports. Why would those in Michigan have an interest in helping a Wichita City Council member fund his campaign for a county office? Would the fact that Walbridge is a partner with Key Construction on the new Wichita Airport terminal provide a clue?

These contributions are of interest because on July 17, 2012, the Wichita City Council, sitting in a quasi-judicial capacity, made a decision in favor of Key and Walbridge that will cost some group of taxpayers or airport customers an extra $2.1 million. Five council members, including Longwell, voted in favor of this decision. Two members were opposed.

On July 16 — the day before the Wichita City Council heard the appeal that resulted in Key Construction apparently winning the airport contract — John Rakolta, Chairman and Chief Executive Officer of Walbridge and his wife contributed $1,000 to Longwell’s campaign for Sedgwick county commissioner.

Then on July 20, three days after the council’s decision in favor of Key/Walbridge, other Walbridge executives contributed $2,250 to Longwell’s campaign. Besides the Walbridge contributions, Key Construction and its executives contributed $6,500 to Longwell’s county commission campaign. Key and its executives have been heavy contributors to Longwell’s other campaigns, as well as to Wichita Mayor Carl Brewer and many other Wichita City Council members.

Open records again an issue in Kansas

Responses to records requests made by Kansas Policy Institute are bringing attention to shortcomings in the Kansas Open Records Act.

Those who have made records requests in Kansas are probably not surprised that KPI has had difficulty in having its records requests respected and filled. In 2007 Better Government Association and National Freedom of Information Coalition gave Kansas a letter grade of “F” for its open records law. Last year State Integrity Investigation looked at the states, and Kansas did not rank well there, either. See Kansas rates low in access to records.

This week KPI president Dave Trabert appeared before the Sedgwick County Commission to express his concerns regarding the failure of Greater Wichita Economic Development Coalition to fulfill a records request made under the provisions of the Kansas Open Records Act. Video is at Open government in Sedgwick County Kansas.

While commissioners Karl Peterjohn and Richard Ranzau spoke in favor of government transparency and compliance with records requests, not all their colleagues agreed.

Dave Unruh asked Trabert if GWEDC had responded to his records request. Trabert said yes, and the response from GWEDC is that the agency believes it has complied with the open records law. This, he explained, is a common response from agencies.

Commission Chair Tim Norton expressed concern that any non-profit the commission gives money to would have to hire legal help, which he termed an unintended consequence. He made a motion to receive and file Trabert’s remarks, which is routine. His motion also included taking this matter under advisement, which is what politicians do in order to bury something. Unruh seconded the motion.

Peterjohn made a substitute motion that a representative from GWEDC would appear before the commission and discuss the open records act. This motion passed four to one, with Unruh in the minority. Even though Norton voted in favor of Peterjohn’s motion, it’s evident that he isn’t in favor of more government transparency. Unruh’s vote against government transparency was explicit.

Wichita school district records request

USD 259, the Wichita public school district, also declined to fulfill a records request submitted by KPI. In a press release, KPI details the overly-legalistic interpretation of the KORA statute that the Wichita school district uses to claim that the records are exempt from disclosure.

In a news report on KSN Television, school board president Lynn Rogers explained the district’s reason for denying the records request: “But some school board members with USD 259 in Wichita say, the numbers brought up in court are preliminary numbers. That’s the reason they are not handing them over to KPI. ‘We have worked very hard over the years to be very forthright and we’ve tried to disclose the information when we have it,’ says Lynn Rogers.'”

This claim by Rogers — if sincere — is a break from the past. In 2008 Rogers told me that it is a burden when citizens make requests for records.

Until recently the Wichita school district had placed its monthly checkbook register on its website each month, and then removed it after a month had passed. Rogers explained that the district didn’t have space on its servers to hold these documents. That explanation is total nonsense, as the pdf check register documents are a very small fraction of the size of video files that the district hosted on its servers. Video files, by the way, not related to instruction, but holding coverage of groundbreaking ceremonies.

City of Wichita

KPI has made records requests to other local governmental agencies. Some have refused to comply on the basis that they are not public agencies as defined in Kansas statutes. This was the case when I made records requests to Wichita Downtown Development Corporation, Greater Wichita Economic Development Coalition, and Go Wichita Convention and Visitors Bureau.

In 2009 I addressed the Wichita City Council and asked that the city direct that WDDC follow the law and fulfill my records requests. (Video is at Video: City of Wichita and the Kansas Open Records Act.)

In my remarks, I told Mayor Carl Brewer and the council this:

The Kansas Open Records Act (KORA), in KSA 45-216 (a) states: “It is declared to be the public policy of the state that public records shall be open for inspection by any person unless otherwise provided by this act, and this act shall be liberally construed and applied to promote such policy.”

But in my recent experience, our city’s legal staff has decided to act contrary to this policy. It’s not only the spirit of this law that the city is violating, but also the letter of the law as well.

Recently I requested some records from the Wichita Downtown Development Corporation. Although the WDDC cooperated and gave me the records I requested, the city denies that the WDDC is a public agency as defined in the Kansas Open Records Act.

This is an important issue to resolve.

In the future, requests may be made for records for which the WDDC may not be willing to cooperate. In this case, citizens will have to rely on compliance with the law, not voluntary cooperation. Or, other people may make records requests and may not be as willing as I have been to pursue the matter. Additionally, citizens may want to attend WDDC’s meetings under the provisions of the Kansas Open Meetings Act.

Furthermore, there are other organizations similarly situated. These include the Greater Wichita Economic Development Coalition and the Go Wichita Convention and Visitors Bureau. These organizations should properly be ruled public agencies as defined in the Kansas Open Records Act so that citizens and journalists may freely request their records and attend their meetings.

Here’s why the WDDC is a public agency subject to the Open Records Act. KSA 45-217 (f)(1) states: “‘Public agency’ means the state or any political or taxing subdivision of the state or any office, officer, agency or instrumentality thereof, or any other entity receiving or expending and supported in whole or in part by the public funds appropriated by the state or by public funds of any political or taxing subdivision of the state.”

The Kansas Attorney General’s office offers additional guidance: “A public agency is the state or any political or taxing subdivision, or any office, officer, or agency thereof, or any other entity, receiving or expending and supported in whole or part by public funds. It is some office or agency that is connected with state or local government.

The WDDC is wholly supported by a special property tax district. Plain and simple. That is the entire source of their funding, except for some private fundraising done this year.

The city cites an exception under which organizations are not subject to the Kansas Open Records Act: “Any entity solely by reason of payment from public funds for property, goods or services of such entity.”

The purpose of this exception is so that every vendor that sells goods and services to government agencies is not subject to the Kansas Open Records Act. For example, if a city buys an automobile, the dealer is not subject simply because it sold a car to the city.

But this statute contains an important qualifier: the word “solely.” In this case, the relationship between the City of Wichita and the WDDC is not that of solely customer and vendor. Instead, the city created a special tax district that is the source of substantially all WDDC’s revenue, and the existence of the district must be renewed by the city soon. The WDDC performs a governmental function that some cities decide to keep in-house. The WDDC has only one “customer,” to my knowledge, that being the City of Wichita.

Furthermore, the revenue that the WDDC receives each year is dependent on the property tax collected in the special taxing district.

The only reasonable conclusion to draw is that in terms of both funding and function, the WDDC is effectively a branch of Wichita city government.

The refusal of the city’s legal department to acknowledge these facts and concede that the WDDC is a public agency stands reason on its head. It’s also contrary to the expressly stated public policy of the state of Kansas. It’s an intolerable situation that cannot be allowed to exist.

Mr. Mayor and members of the council, it doesn’t take a liberal application of the Kansas Open Records Act to correct this situation. All that is required is to read the law and follow it. That’s what I’m asking this body to do: ask the city legal department to comply with the clear language and intent of the Kansas Open Records Act.

The following year when WDDC’s contract was before the council for renewal, I asked that the city, as part of the contract, agree that WDDC is a public agency as defined in Kansas law. (Video is at Kansas Open Records Act at Wichita City Council.) Then-council member Paul Gray, after noting that he had heard all council members speak in favor of government transparency, said that even if WDDC is not a public agency under the law, why can’t it still proceed and fulfill records requests? This is an important point. The Kansas Open Records Act contains many exclusions that agencies use to avoid releasing records. But agencies may release the records if they want.

Any council member could have made the motion that I asked for. But no one, including Gray, former council member Sue Schlapp, former member Jim Skelton (now on the Sedgwick County Commission), Mayor Carl Brewer, and council members Jeff Longwell (district 5, west and northwest Wichita), Janet Miller (district 6, north central Wichita), and Lavonta Williams (district 1, northeast Wichita) would make a motion to increase government transparency and citizens’ right to know. Wichita city manager Robert Layton offered no recommendation to the council.

Last year I appeared again before the council to ask that Go Wichita agree that it is a public agency as defined in the open records act. Randy Brown, who is chair of the Kansas Sunshine Coalition for Open Government and former opinion page editor of the Wichita Eagle was at the meeting and spoke on this matter. In his remarks, Brown said “It may not be the obligation of the City of Wichita to enforce the Kansas Open Records Act legally, but certainly morally you guys have that obligation. To keep something cloudy when it should be transparent I think is foolishness on the part of any public body, and a slap in the face of the citizens of Kansas. By every definition that we’ve discovered, organizations such as Go Wichita are subject to the Kansas Open Records Act.”

Brown said that he’s amazed when public officials don’t realize that transparency helps build trust in government, thereby helping public officials themselves. He added “Open government is essential to a democracy. It’s the only way citizens know what’s going on. … But the Kansas Open Records Act is clear: Public records are to be made public, and that law is to be construed liberally, not by some facile legal arguments that keep these records secret.”

He recommended to the council, as I did, that the contract be contingent on Go Wichita following the Kansas Open Records Act.

Discussion on this matter revealed a serious lack of knowledge by some council members regarding the Kansas Open Records Act. In remarks from the bench James Clendenin (district 3, southeast and south Wichita) asked the city manager a series of questions aimed at determining whether the city was satisfied with the level of service that Go Wichita has provided. He then extended that argument, wondering if any company the city contracts with that is providing satisfactory products or service would be subject to “government intrusion” through records requests. Would this discourage companies from wanting to be contractors?

First, the Kansas Open Records Act does not say anything about whether a company is providing satisfactory service to government. That simply isn’t a factor, and is not a basis for my records request to Go Wichita. Additionally, the Kansas Open Records Act contains a large exception, which excepts: “Any entity solely by reason of payment from public funds for property, goods or services of such entity.” So companies that sell to government in the ordinary course of business are not subject to the open records law. Go Wichita is distinguished, since it is almost entirely funded by taxes and has, I believe, just a single client: the City of Wichita.

Finally, we should note that the open records law does not represent government intrusion, as Clendenin claimed. Open records laws offer citizens the ability to get an inside look at the working of government. That’s oversight, not intrusion.

Pete Meitzner (district 2, east Wichita) asked that there might be a workshop to develop a policy on records requests. He expressed concern that departments might be overwhelmed with requests from me that they have to respond to in a timely fashion, accusing me of “attempt to bury any of our departments in freedom of information acts [sic].” Such a workshop would probably be presented by Wichita City Attorney Gary Rebenstorf. His attitude towards the open records law is that of hostility, and is not on the side of citizens.

In making this argument, Mr. Meitzner might have taken the time to learn how many records requests I’ve made to the city. The answer, to the best of my recollection, is that I made no requests that year to the city citing the open records act. I have made perhaps a half-dozen informal requests, most of which I believe were fulfilled consuming just a few moments of someone’s time.

As to Meitzner’s concern over the costs of fulfilling records requests: The law allows for government and agencies to charge fees to fulfill requests. They often do this, and I have paid these fees. But more important than this, the attitude of council member Meitzner is troubling. Government should be responsive to citizens. As Randy Brown told the council, government should welcome opportunities to share information and be open and transparent.

Michael O’Donnell (district 4, south and southwest Wichita) made a motion that the contract be approved, but amended that Go Wichita will comply with the Kansas Open Records Act. That motion didn’t receive a second.

Brown and I appeared on the KAKE Television public affairs program This Week in Kansas to discuss this matter. Video is at In Wichita, disdain for open records and government transparency.

Enforcement of Kansas Open Records Act

In Kansas, when citizens believe that agencies are not complying with the Kansas Open Records Act, they have three options. One is to ask the Kansas Attorney General for help. But the policy of the Attorney General is to refer all cases to the local District Attorney, which is what I did. The other way to proceed is for a citizen to pursue legal action at their own expense.

After 14 months, Sedgwick County DA Nola Foulston’s office decided in favor of the governmental agencies. See Sedgwick County DA Response to KORA Request to Wichita Downtown Development Corporation.

When newspapers have their records requests refused, they usually give publicity to this. The Wichita Eagle is aware of my difficulties with records requests in Wichita, as their reporters have attended a number of meetings where my records requests were discussed, sometimes at length. But so far no coverage of an issue that, were the newspaper in my shoes, would undoubtedly covered on the front page. Something tells me that KPI won’t get any coverage, either.

Additional information on this topic is at:

Wichita fluoridation debate reveals attitudes of government

Is community water fluoridation like iodized salt? According to Wichita City Council Member and Vice Mayor Janet Miller (district 6, north central Wichita), we didn’t vote on whether to put iodine in table salt, so Wichitans don’t need to vote on whether to add fluoride to drinking water.

There’s a distinguishing factor, however, that somehow Miller didn’t realize: Consumption of iodized salt is a voluntary act. Not so with fluoridated water.

At the August 21, 2012 meeting of the Wichita City Council, Miller went on to name other substances added to our food supply that she said are beneficial to health. We didn’t vote on these either, but again, consumption of these foods and the added substances is voluntary.

In her discussion, Council Member Lavonta Williams (district 1, northeast Wichita) said “Did you like the art that went down to WaterWalk? Maybe you didn’t. But you don’t have to go there.”

She also said we don’t have to go to the apartments that were built at WaterWalk, and we don’t have to stay at the Ambassador Hotel.

True, we can avoid these government-sponsored and subsidized places if we want to. But what Williams may have forgotten is that we can’t avoid being forced to pay for them.

Besides that, what does it say about a government where if we disagree with its actions, we’re told “you don’t have to go there”?

This confusion of government and voluntary action is troubling for the future of Wichita, and more broadly, our country.