Voice For Liberty

Author: Bob Weeks

  • Where Is Our Public Access Cable Television?

    This is a letter I am sending to Cox Communications, plus government officials who I think can help.

    Recently I was in Portland, Ore. I happened to notice that there was true public access cable television. I watched several talk shows covering a variety of topics. There were locally-produced music shows, featuring local bands.

    This experience caused me to wonder why Wichita doesn’t have this type of community cable television access. I seem to remember that when cable television was new, that local governments were granted public access channels as part of the franchise agreement. In Wichita we have a few channels that are used by the City of Wichita and the local school district. It seems to me, however, that these entities use the channels for very little useful programming. Most of the time these channels are rolling the same stale and useless public service announcements, or the same photographs of downtown Wichita statuary for the past few years.

    Can you tell me where I can learn about the history of public access cable television in Wichita? Better yet, how can we have a truly public — and therefore truly useful — channel in Wichita?

  • Ethics Require Two Recusals In School Finance Lawsuit

    Thank you to Karl Peterjohn for your insight into the ethical mess that is our Kansas Supreme Court.

    Ethics Require Two Recusals In School Finance Lawsuit
    By Karl Peterjohn, Executive Director Kansas Taxpayers Network

    Would you want to go to court and face a judge who used to serve as legal counsel for your courtroom opponent? That is one of the ethics challenges facing the state in trying to fight off the $1 billion school finance lawsuit in front of the Kansas Supreme Court. This court heard oral arguments again May 11 in this case. There are 15 school districts spending millions of dollars promoting this lengthy lawsuit against the state and its taxpayers.

    In addition to this ethical challenge is the fact that the governor’s chief of staff is married to another judge on the Kansas Supreme Court. Would you like to go to court after being sued and face a judge whose spouse is the chief of staff to the person who is leading the challenge against you?

    Governor Sebelius has been vocal in blasting the legislature’s very expensive increase of $140 million in state spending for public schools during this year’s legislative session. Sebelius said this massive spending hike was inadequate.

    The governor did play Hamlet by not signing or vetoing the school finance bill into law and sending it to the Kansas Supreme Court. Governor Sebelius issued a news release blasting the legislature for being excessively stingy in raising spending for public schools and joined the 15 school districts in advocating higher taxes and spending.

    The irony is the fact that the legislature’s spending increase was the largest annual increase during the Sebelius administration. Other legislators said that the $140 million increase was the largest this century. This was certainly one of the largest spending hikes since the current formula was created in 1992.

    If you were being sued, and as a taxpayer you are, would you like to face Justice Lawton Nuss, who used to represent your legal challenger, and Justice Don Allegrucci, whose wife is the governor’s chief of staff in this $1 billion case being heard in the Kansas Supreme Court? Nuss was in the law firm that represents the lead plaintiff, the Salina public school district, until he joined the court in October 2002.

    Since Justice Gernon’s April death there are now only six members of this court. Two of these judges need to recuse themselves for ethics problems unless we want Kansas legal ethics to become an oxymoron.

    School district attorney Alan Rupe has criticized these ethical issues as being “ridiculous.” He has also publicly discussed the fact that this lawsuit involves him suing his ex-wife Carol Rupe who is one of the members of the state board of education. Litigation involving ex-spouses, former law firms, and high level state colleagues is not the way to resolve important public policy issues like Kansas school finance.

    The average Kansan is not familiar with the judicial canon that says, “A judge shall not allow family, social, political, or other relationships to influence the judge’s judicial conduct or judgment.” This second canon also says that judges shall, “act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” The average Kansan does know right from wrong and having judges with ties to one side of a lawsuit is an insult to fairness and will lead to a tainted decision if these judges participate. In fact, the court’s January 3, 2005 is already tainted by these two judges’ participation in that preliminary decision in the school finance lawsuit.

    The school districts are now using lawsuits to try and raise taxes instead of going through the legislature to raise taxes like everyone else. This has created the odious position that the taxpayer funded school districts are using tax funds to sue the state that is using tax funds to defend itself. The only guarantee in this case is that taxpayers will be the loser. If the judges who are not in compliance with their own judicial ethics rules continue in this case, the result will be a travesty of justice and a black eye for the entire legal profession in this state.

  • Rep. Todd Tiahrt and BTK

    Congressman Todd Tiahrt has secured $1 million for use by the Wichita Police Department in the omnibus appropriations bill that goes before the House of Representatives on Monday.

    The bill has already passed the Senate, Tiahrt spokesman Chuck Knapp said, and approval by the House is expected to be a formality.

    While there are safeguards in place to make sure the money is used for certain purposes, Knapp said, “we’re just not able to comment on the details of the funding.” — From “BTK ‘clues’ breed theories” in The Wichita Eagle, December 2, 2004.

    Here The Wichita Eagle reports that U.S. Representative Todd Tiahrt secured one million dollars from the federal government to help pay for costs related to the investigation of the BTK serial killer. Rep. Tiahrt was widely praised for this.

    We should remember where that money came from. It didn’t fall out of the sky. It wasn’t free. It came from the taxpayers of the entire country. I suspect that many people in Wichita thought it was good that we got the nation as a whole to pay for the BTK investigation.

    But think about what had to happen behind the scenes. Rep. Tiahrt must have lobbied for the money. Then the federal government collected tax money, only to send it back to Wichita. That, right there, is inefficient. A bureaucracy had to exist to perform that.

    Then, of course, Rep. Tiahrt and Wichita aren’t the only ones looking for a federal handout. When other cities or states receive money in this way — a special payment to one locality for a special project — we in Wichita call it pork barrel spending. That’s exactly what Rep. Tiahrt engaged in to get us the money for BTK. He should be ashamed, and we should not laud him for it.

  • What’s the Matter with Kansas?

    By Alan Cobb, State Director of Americans For Prosperity, Kansas

    Many would describe that much of Kansas is in decline. Over 75 percent of the counties in Kansas have lost population just since 2000. Over half of Kansas’ counties have fewer residents today than 1900.

    Recently, the Associated Press reported that Kansas is in real danger of losing a Congressional seat during the next reapportionment because of anemic population growth. Kansas population growth from 2000 to 2004 was only 1.7 percent while the nation as a whole grew 4.3 percent. Sedgwick County’s growth was only 2.3% during this time. Kansas’ annual growth of less than one-half of one percent should startle anyone concerned about the future of our fine State.

    No matter how you measure growth, Kansas is struggling, particularly when compared to the other 50 states. Kansas is in the bottom ten among states in population growth, income growth and job growth.

    Unbelievably, this century Kansas has lost 16,700 private sector jobs while the government sector actually added 15,000 jobs.

    The same week it was reported that Kansas may lose a Congressional seat, the Tax Foundation released a study that stated Kansas has the 15th highest state and local tax burden. We are tied with New Jersey and higher than Massachusetts and California. Kansas has a higher tax burden than all of our neighboring states except Nebraska.

    Recently the Center for Applied Economics at the University of Kansas compared every Kansas County that borders another State. Except for the Kansas counties bordering Nebraska, the Kansas counties fared worse than their neighbors in Missouri, Colorado and Oklahoma when measuring economic activity, income growth and population growth.

    Of the top twenty states in population growth this century, all but two states, Utah and Hawaii, have lower tax burdens than Kansas.

    I have heard a Kansas legislator comment that that’s just the way it is; Kansas is a rural, Great Plains state and rural, Great Plains states aren’t growing. I do not believe that is true, but even if it were, I am not ready to accept that.

    What are we to do about our population predicament? First we must decide that the lack of economic growth is a problem. And we must be brutally honest about the solutions. Is more government spending and taxation the solution? Are more government owned and constructed buildings the solutions for Wichita or Salina or Lakin?

    Are we, as a State, willing to honestly assess our State’s strengths and weaknesses and make the necessary policy changes needed for growth?

    Without any changes to the path we’re on, rural Kansas faces a bleak future.

    I am not willing to accept the declining status quo as the best we can do, and I don’t think most Kansans are either.

    What are we prepared to do?

  • Ethics Require Recusal in School Finance Lawsuit

    We should be thankful that there are people like Karl Peterjohn to tell us of things like the conflict of interest he reports in this article. An important question we should be asking is why our newspapers and other news media in Kansas have not reported this.

    Ethics Require Recusal in School Finance Lawsuit
    By Karl Peterjohn, Executive Director of Kansas Taxpayers Network

    The Kansas Supreme Court will hear oral arguments again in the school finance lawsuit brought against the state by 15 Kansas school districts. The May 11 oral arguments will eventually be followed by a written decision by the court.

    On January 3, 2005 the court delivered an unsigned 3 1/2 page edict that created a fair amount of head scratching at the statehouse over what exactly the court meant at that time. Now that the court has shrunk with the death of one judge, Justice Gernon, the Kansas Supreme Court’s six remaining members will be deciding this case. However, there is a problem with one of the judges.

    The Kansas Supreme Court’s second canon of rules requires that its members, “shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.”

    This rule goes on to state, “A judge shall not allow family, social, political or other relationships to influence the judge’s judicial conduct or judgment.” These are important principles for the administration of justice in this state.

    These rules bring us to Justice Don Allegrucci, a long time member of the Kansas Supreme Court who needs to recuse himself from this case because of his family situation. Justice Allegrucci’s wife Joyce is Governor Sebelius’ Chief of Staff. His son, Scott, has until recently been a high level appointed official in the state Department of Commerce.

    Governor Sebelius’ position on the school finance law is clear. April 5 she said, “I believe the legislature’s school funding plan is neither responsible nor sustainable.” Governor Sebelius criticized the legislature for not increasing state public school spending by more than the $140 million approved by the 2005 legislature. Sebelius has clearly sided with the plaintiff’s position in this lawsuit. That is fine in a political, public policy debate but is problematic with her chief of staff’s husband being on the court where this case is being litigated. Judge Allegrucci needs to recuse himself from this lawsuit.

    Governor Sebelius is still hoping to get her package of proposed property, income, and sales tax hikes enacted into law so that state spending will begin growing faster. This is in addition to the rapid 7.3 percent increase in state spending that was approved by the 2005 legislature. The legislature’s budget, which largely followed the governor’s guidelines, puts this state within a few million of having the first $5 billion General Fund budget. This would be another state spending record in addition to having the first All Funds state budget that exceeds $11 billion too.

    Justice Allegrucci is no stranger to politics either. In 1978 Allegrucci was the unsuccessful Democratic candidate for the Kansas fifth district congressional seat. That is why the complaint by the Kansas Supreme Court in their January decision complaining about statehouse politics was laughable. While everyone admits to politics at the statehouse there is certainly more than a significant amount of politics, albeit conducted largely outside of public view, when it comes to the courts and judicial appointments dominated by the Kansas bar and the appointment committee dominated by members of the bar.

    The family ties that Justice Allegrucci has to the Sebelius administration indicate that he should recuse himself in the name of impartiality from the school finance litigation as called out by the court’s own canon and rules. Justice Allegrucci’s continued participation in this school finance lawsuit raises a host of troubling ethical problems about judicial impartiality with his family ties to Governor Sebelius’ administration.

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  • Because Government Should Have Accountability

    Because Government Should Have Accountability
    Paul M. Weyrich, Chairman and CEO of the Free Congress Foundation (Click here to read the article.)

    In an article from The Wichita Eagle published on May 3, 2005 titled “Ice rink figures don’t add up, records show” we find this quote: “Ice Sports Wichita has been on a downward slide longer than the city staff admits in a report the City Council is scheduled to act on today, records show.” These records were obtained through a request filed under the Kansas Open Records act. My understanding of this news story is that City of Wichita staff has been misleading everyone — including the mayor and city council — about the true state of the ice rink’s financial affairs. If not for the reporters who obtained the records, this deception might be continuing.

    The commentary by Paul M. Weyrich referenced above contains examples of where the Federal Freedom of information Act has been used to uncover governmental misdeeds. The article also mentions a bill titled the OPEN Government Act, designed to “ensure that government acts promptly and efficiently in responding to FOIA requests.”

  • Revolving Door Between Press and Government Turns Again

    Mr. Van Williams, Wichita Eagle city hall reporter for the past three years, will become Wichita’s public information coordinator.

    I believe there needs to be a tension between the press and the government officials it covers. The press needs to hold officials accountable. It needs to dig deep to uncover facts officials don’t voluntarily concede. It needs to ask them tough questions. It needs to make them angry from time to time.

    Would the City of Wichita hire someone who had been doing that?

  • Wichita City Council Meeting, April 19, 2005

    Some quotes and my remarks from the April 19, 2005 meeting of the Wichita City Council, where the AirTran subsidy was considered. Representatives from Delta attended and spoke.

    Allen Bell, Economic Development Director for the City of Wichita:

    Previous contracts had a dollar amount cap on them. The new contact, we refer to it as a no-cap contract. There is not, in the terms of the agreement, a specific dollar amount that is the not-to-exceed amount. In place of that there is a termination clause that allows the City to terminate its contract with 75 days notice for whatever reason. And the reason, of course, the major reason, would be that we know that within that 75 days, we will deplete the funds that the City believes is appropriate to spend on this.

    I was startled to hear this information, that the new contract has no dollar cap, as this has not been, in my memory, reported. It has been reported that AirTran sought a no-cap contract, but that Wichita would not agree to that. But it turns out that the city has agreed to what, in effect, is a no-cap contract. Yes, I believe Mr. Bell when he says that Wichita can cancel the contract, with notice, if the city believes it will spend more than the $2.5 million it has committed to. I would submit, however, that if the City spends the $2.5 million and realizes it needs to spend more to keep AirTran in town, the City Council would vote to do so. Therefore, the no-cap contract is in effect.

    Councilmember Schlapp extracted an admission from the Delta representative that Delta is not profitable on the Wichita route now, but they believe they will be soon. Ms. Schlapp concluded that there is no need, then, for a subsidy to Delta.

    Mayor Mayans said we have been discriminated against, rate-wise.

    Mayor Mayans: “Many of us, actually, are opposed philosophically to government interventions, because we feel that sometimes tilts the playing field.” The Mayor says one thing, but acts in a different way. What good is it to have a philosophical belief if it doesn’t guide your actions?

    Mayor Mayans and the Delta representative disagreed on who made telephone calls to whom and at what time. (Mayor Mayans: “So you didn’t call me back!” “Communications is a two way street!” Delta: “My recollection of it differs slightly from yours.” “I don’t recall it was my responsibility to get back to you.”) It is disheartening to realize that major public policy decisions may be made based on incomplete information, because someone didn’t get a telephone message.

    Councilmember Martz:

    “I guess to me, when I look at competition, if you’re losing money, then you ought to raise your rates enough so that you’re not losing money.”

    “I’m a firm believer in competition.”

    “I would prefer not having any financial help from the city, but rather through pure competition, all carriers reduce their rates to a level that they number one, can make a profit, at the same time make it economical for the citizens of the whole state of Kansas to be able to fly in and out of Wichita …”

    Like the mayor, Mr. Martz says one thing but acts in a different manner. His advice to airlines on how to set their fares is misplaced. We have to assume that businesses act in their best interests, and let it go at that.

    Sam Williams, Chairman of Fair Fares, who evidently is so well-known to Council members that he doesn’t introduce himself when he started to speak:

    “You know, Kansas in 1861 became a very important state in the history of this country, just before we went into the great dark area of the civil war. You know, we were a key state. What we did at that time had a lot to do with what happened and where we went from there. I would submit that little old Wichita, Kansas is doing that to the airline industry right now. Because of your vision, you are looking at different ways to bring fair pricing in an industry that is kind of broken, in getting them to look at themselves, us to look at ourselves, and how can we partner together to do this. Kansas again is a key, integral part of a change in this country.”

    First, to equate our state’s role in the civil war with subsidizing an airline is ludicrous. Second, I feel very sad that Kansas may become the leader in subsidies, and that business leaders applaud this. Mr. Williams, I would ask you if you would welcome a governmental body deciding whether the rates that your business charges are fair, and if not fair, subsidizing your competitor?