Voice For Liberty

Author: Guest Author

  • Déjà vu scandals in Sedgwick County government

    Déjà vu scandals in Sedgwick County government

    The Sedgwick County Commission scandals are an outrage for me. I must speak out against the appalling revelations that provide explicit evidence of illegal misconduct in our county government, writes Karl Peterjohn.

    Déjà vu scandals in Sedgwick County government

    By Karl Peterjohn

    During the Watergate scandal the press repeatedly stated that the campaign break-in was not the primary crime, but the cover up involving the White House was. These scandals eventually led to criminal convictions, and ultimately, to the resignation of the president.

    Sedgwick County government now appears to have multi-part scandals. It is not clear whether these scandals will result in convictions and resignations, but these scandals are growing.

    The November 2, 2018 news conference held by the attorney for county counselor Eric Yost revealed that the FBI investigation that initially began with Commissioner O’Donnell has now grown to involve two other commissioners, David Unruh and David Dennis. Commissioner O’Donnell has been indicted on a number of felony charges, and is now awaiting a January 2019 trial in federal court. He has refused to resign from the commission.

    Mr. Yost revealed at his news conference that in the wake of the initial O’Donnell scandal, an effort was being made by these three commissioners, O’Donnell, Unruh, and Dennis, to remove county manager Scholes from his position. Scholes’ mistake was cooperating with the FBI in the initial criminal investigation of Commissioner O’Donnell.

    Mr. Yost’s problem with the three commissioners seems to have been pointing out the improper conduct by these three commissioners concerning Mr. Scholes, and in doing so, trying to protect Sedgwick County from this improper and illegal conduct. In doing so, Yost was trying to prevent the county from being exposed to legal liabilities for this outrageous misconduct occurring in the on-going effort to fire county manager Scholes. This misconduct is the latest scandalous revelation. This misconduct could lead to further criminal charges against these three members of the county commission.

    The FBI refuses to respond to press inquiries of what or who they are investigating. However, we now know that the FBI is investigating commissioners at the Sedgwick County courthouse. Mr. Yost revealed Friday that he spent a total of 3.5 hours being interviewed by FBI agents on two occasions. The FBI has also interviewed other county employees.

    It is also clear that the other two members of the county commission, Richard Ranzau and Jim Howell, were not participants in the commission majority’s egregious misconduct. Sadly, election mailers and campaign material from their political opponents, or their political allies, are claiming that is not the case. Both Ranzau and Howell have behaved in an exemplary way concerning this situation and deserve public praise, not the misinformation that occurs all too often in today’s political environment.

    Ranzau has been especially outspoken in condemning his three colleagues who have created this ongoing scandal that will stretch well beyond election day. While information from Yost’s news conference was a front-page story in the November 3 Wichita Eagle, it is not clear that the local news media’s coverage will focus here for very long. Courthouse scandals usually have the potential to impact an election, but not in this case. Commissioner Unruh is retiring, and Dennis and O’Donnell aren’t on the 2018 election ballot.

    Much of this information would not have become public if it hadn’t been for Commissioner Dennis’ public comments criticizing Mr. Yost. Commissioner Dennis’ criticism of Mr. Yost created a way to reveal a lot more information about this part of the commission majority’s scandal. However, a great deal more information remains to be revealed. I believe that more criminal charges are likely.

    Where does this county scandal stand right now?

    Commissioner Unruh will be leaving office in early January, but the ethical and legal cloud over his head will remain. His county commission record will be deeply tarnished regardless of how long it takes to resolve these scandals. Unruh has already been exposed as petty, vindictive, and guilty of scandalous misconduct.

    Commissioner Dennis made a huge blunder in publicly criticizing the county commission’s chief lawyer. It is now clear that Mr. Yost, a former district court judge as well as elected official, has a law degree and Commissioner Dennis doesn’t. By criticizing Yost, Dennis unintentionally provided the legal means for revealing a portion of the FBI investigation of these three commissioners, details of the misconduct allegations, and revealing important county information that had not been on the public record. Commissioner Dennis has expanded these scandals with his bluster from the commission bench.

    Both Unruh and Dennis could eventually end up following Commissioner O’Donnell into federal court as defendants. Commissioner O’Donnell remains at the center of this scandal with his pending criminal charges. I hope that the wheels of justice move quickly. I believe that it is possible, with the new information revealed last week, that Commissioner O’Donnell may face additional charges that expand his already sizable federal indictments.

    This situation is bad for Sedgwick County and our community. These scandals could eventually generate other investigations, possibly by the Kansas attorney general.

    In 2016, candidate David Dennis was successful in defeating me in the hard-fought primary election battle for the third district GOP county commission nomination. Mr. Dennis won the general election. He became a county commissioner in January 2017. This year, Commissioner Dennis was elected by his commission colleagues to chair the commission.

    I know all five commissioners in varying ways as well as the county staff who served with me during the eight years, from 2009 to 2017, that I was a county commissioner. It was an honor and privilege to serve on the county commission. Mr. Scholes and Mr. Yost are two of the best public servants I had the privilege to work with while I was on the commission. Their ethics and integrity are exemplary.

    These scandals are an outrage for me. I must speak out against the appalling revelations that provide explicit evidence of illegal misconduct in our county government.

  • Political civility in our age of thuggery

    Political civility in our age of thuggery

    Following, from Karl Peterjohn, an account of why the Wichita Pachyderm Club is a valuable civic institution. The candidate mentioned in the article is Renee Duxler, running for Sedgwick County Commission District 1 (map is here). On her Facebook page she wrote “Proving once again that Democrats and Republicans can share ideas and thoughtful discussion within the same spaces … this gal ‘infiltrated’ the Wichita Pachyderm Club for a great presentation by Kyle Bauer, of KFRM radio, on the history and future of agriculture here in Kansas. They were very gracious and welcoming, and I enjoyed the experience immensely. Let’s keep the conversations going Sedgwick County!” Of note: Her opponent, Wichita City Council Member Pete Meitzner (district 2, east Wichita), said he was “troubled” that the Pachyderm Club had a member who supported Duxler instead of him.

    Political civility in our age of thuggery
    By Karl Peterjohn

    I want to protect the identity of the Democrat candidate who made the decision to attend the October 12 Pachyderm Club meeting in downtown Wichita. I am concerned that retribution from the leftist loons and Alinskyite thugs that inhabit the extremist, but increasingly mainstream wing of the Democrat Party could be substantial. This is not a partisan statement. A couple of days ago I saw an online report where a Pennsylvania Democrat was forced to resign his party position because of his pro-American beliefs.

    While I was presiding as the substitute president, I had the task of introducing elected officials and during elections, candidates running for office. This is routine with anywhere from a half dozen to a dozen candidates in attendance as we were about four weeks away from an election.

    I was informed that a Democrat candidate was attending this GOP meeting and I was asked to include her in the candidate introductions. In our current age where GOP members of Congress have been shot and assaulted by socialist and leftists (Steve Scalise and Rand Paul), where GOP offices from Manhattan to Wyoming have been vandalized this month, where GOP candidates in Minnesota have been physically attacked while campaigning, it would have been easy to decline this request. I considered doing this.

    However, there should be civility in our public affairs, despite odious comments to the contrary from presidential candidate Hillary Clinton, about civility being only for progressives, liberals, and leftists. Dare I say it, we increasingly live in a country and period of time where good political manners, are the exception and not the rule. Now the Pachyderm rules are clear, with all GOP candidates being endorsed for the general election ballot, but no position taken in contested primaries. The rule on public introductions is not clear, was left to the presiding officer, no matter how temporary he happens to be, at the podium.

    When I got down to the Democrat candidate’s name I went ahead and introduced her to the Pachyderm Club members and guests. I did point out her party affiliation, and contrasted the Pachyderm’s polite treatment of this Democrat candidate with the vile statement from the Obama administration attorney general Eric Holder that violence, in the form of his admonition, “… kick them,” in attacking Republicans is increasingly the political standard today.

    The Wichita Pachyderm Club has occasionally had democrats as speakers. I pointed this out. A prominent Wichita Democrat, Professor Mel Kahn, has spoken to Pachyderm and the informational speakers, whether they are talking about Plato, Alexander Hamilton, or at this meeting, agriculture in Kansas, do not have a partisan political subject. This speaker, KFRM radio’s Kyle Bauer, could have just as easily provided his excellent agriculture presentation to Democrats, Libertarians, or any other group of Kansans interested in this important part of our state’s economy (This is a free plug for Mr. Bauer who provided an exceptional agriculture presentation).

    I believe that the Pachyderm Club provided an example of civility in the public policy arena. This is Kansas nice. Sadly, this is increasingly the exception in today’s toxic political climate where conservatives and Republican elected officials are harassed in public, harangued at restaurants, in office hallways, town hall meetings disrupted, and general nastiness under Representative Maxine Waters admonitions promoting thuggery are increasingly commonplace. I must admit, that in the past the Pachyderm Club has taken steps to make sure that disruptions, and disruptive behavior, did not occur from non-members who opposed a speaker at one of our meetings. How sad.

    The Constitution of our country is the outline of how we govern ourselves. The states, and the localities and governmental bodies created by the states (like counties, cities, and school districts), are the public institutions we use to resolve public policy differences in our democratic republic. Our Constitution has been a model for the rest of the world since it was enacted in 1789. Other nations resolve their public policy differences by other ways, using other means. These often conflict with the liberty our Constitution and its amendments, tries to establish.

    It has been said, that politics is a form of war by other means. We had one civil war, with over 600,000 killed and hundreds of thousands permanently injured, and that is a part of our nation’s history when our differences could not be resolved politically. Violence and thuggery should not be part of our future, but it is a present problem, and a growing threat to our republic.

    I am glad that civility was alive and well at the Pachyderm Club on October 12. I hope that this becomes a model for other public meetings by other groups in the future. I am afraid that this political civility was an exception, but it does deserve public notice since the local news media was not in attendance.

  • Does School Choice Kill Public Schools?

    Does School Choice Kill Public Schools?

    Does School Choice Kill Public Schools?
    By Lori Graham

    Recently, I asked Kris Kobach, candidate for Kansas Governor, if he supports school choice. His answer was “Yes,” and he gave an idea of how that would work. The liberal media pounced on his idea and twisted his answer in a way that perpetuates the fear that allowing parents to choose what is best for their child’s education will kill the public school system. Conservatives and liberals alike are fearful about this, but will it really kill the public schools?

    To answer this, we need to first look at the problem. The real problem of meeting the needs of every student so that they achieve their potential. The Kansas State Department of Education (KSDE) has a new program called “Kansans Can – Kansas leads the world in the success of EVERY student.” This is a lofty goal, because it is a fact that the public schools will never meet every need for every student even with all the money in the world. In 2017, only 34% of the students had an “effective” or better understanding of Math, Science and English skills to enter the workforce. This is a frightening statistic and knowing that all of the additional funding each year over the last 10 years, which has reached record levels, still has not improved student success.

    When we speak about “School Choice,” it means we focus the educational dollars on every student in the state of Kansas. I would think this is what the KSDE means with their Kansans Can program. If neighborhood schools are not meeting the needs of their children, parents should be able to select a different school that does meet their needs. Right now, that right only belongs to the wealthy or the very poor. Those in the middle are stuck with their government assigned-school, and only one-third of the students succeeding proves this is a flawed method of educating the next generation.

    There are many different models of school choice around the country. Kris Kobach’s idea of grading each school building sounds logical on the surface and uses current Kansas state tests to do so. What he proposed is that schools with test score improvement from year to year will get pay increases for the staff, and those that fail will give vouchers to the students to choose another option. While the performance-based initiative is a good start, it only meets the needs of children of failing schools. What about the other students that may be in a good school, but their needs are not being met? In addition, this puts more focus on the testing that has proven to be a failure with No Child Left Behind and other legislation.

    The best school choice option is for every parent/guardian to choose the best school to meet the needs of their child. This solution is great for public schools, great for teachers, great for students, and great for the Kansas economy. The best system for students is the best system for everyone. When our students get their individual needs met, whether he is high-achieving where challenging work is best or he is special-needs and focused therapies are best, our teachers will be able to actually teach, have more opportunities, and thus better pay; our schools will be less taxed with the overbearing challenge of meeting so many different problems our children face; and our economy will be strengthened with better prepared graduates and growth.

    In states that have enacted school choice for all students, the public schools are flourishing! The free-market system encouraged new schools to pop up to meet the full spectrum of student needs, from autism to college-prep. Not all students will flock to the new schools, because public schools still have a lot to offer. The value of attending school with your neighbors, great sports, and great teachers will still appeal to the majority of parents.

    What it does mean is that public schools will be required to focus on the students, not the administrator’s salary. The teachers and staff will need to be paid better so schools have the best teachers. The student’s parents will be the judge of their child’s success instead of the government tests. Teachers and administrators alike will be encouraged to work with the parent to ensure the success of the student. My experience as a public school employee and as a public school parent was that teachers only speak to parents for less than 10 minutes, twice per year, as required, at Parent-Teacher Conferences. This might work for a few students, but it certainly doesn’t work for the majority.

    If the parents prefer their child not sit through the social engineering classes that teach values in conflict with their own, they will now have the opportunity to go elsewhere. If the school is great, but the environment is a problem with the student like drugs or bullying, the parent will be able to move the student to a new environment. If the child is struggling with new teaching methods like Common Core, the parent can move he/she to a more classical learning option.

    Until every parent is allowed to choose what is best for their child, our student success will be sub-par, the funding will continue to go through the roof, and our children will be sacrificed in the process. School choice for all students levels the playing field for poor, rich and middle-income students alike. As soon as conservatives and liberals stop arguing long enough to learn about the proven benefits of school choice, our children, every child, will finally get the education they so deserve and our public school system will also thrive.

  • Reestablishing a Fundamental Principle of Democracy

    Reestablishing a Fundamental Principle of Democracy

    Reestablishing a Fundamental Principle of Democracy
    Alan Cobb, Kansas Chamber President & CEO

    The words of a recent guest editorial in the Lawrence Journal-World about the Kansas Coalition for Fair Funding were not surprising. It was a continuation of the intellectually shallow, fact-short screed about taxes, school finance, and the Kansas budget. Certainly, reasonable people can disagree about these issues, but partisans rarely adhere to that theorem. And thus, I thought I was reading something from a partisan staffer.

    Alas, it was from a well-respected Wichita State University professor emeritus who I have known for decades.

    I’ve not always agreed with Dr. H. Edward Flentje, but even when I disagreed with him, I found his arguments well-founded and reasonable. Not this time.

    Now to the point. Dr. Flentje, probably intentionally, conflates with the 2012 tax cuts with the current and ongoing school finance litigation. They have absolutely nothing to do with each other. The current litigation was filed around the day the Sam Brownback was elected Governor. To say the focus of the current coalition is part of an effort to maintain those tax cuts is fanciful, to be charitable.

    The 15-word clause in the Kansas State Constitution that is the center of all of this was enacted in 1966. It took only a few years for the first lawsuit to be filed, and Kansas has been in court ever since. This is madness. Brownback was not governor when the original litigation was filed some 30 years ago. The Kansas Legislature developed the current finance formula in the early 1990s under the duress of a Shawnee County District Court judge. Sam Brownback would not be governor for another 18 years. To continue to enact Brownback’s name must mean the author simply can’t argue the merits of the issue we currently face. This is disappointing.

    Last December, the Kansas Chamber Board of Directors approved the following language to be a part of our 2018 Legislative Agenda:

    Support a constitutional amendment for the democratically elected legislature to have exclusive authority to determine funding for schools in an effort to eliminate endless litigation over school funding.

    In my role as President and CEO of the Kansas Chamber, I’ve traveled the state visiting business of all sizes. The consistent refrain I hear from business owners and managers is that the constant litigation has diminished the effectiveness of our educational institutions and their ability to prepare Kansas students for post-secondary careers and post-secondary education.

    In addition, I’ve had multiple conversations with educators, teachers, superintendents, and building principals; many embarrassed about the constant litigation. They know that Kansas courts are the not the place to set our state’s education policy.

    Ultimately this is about the process of how Kansas sets and finances education policy. We are competing not just with our neighboring states, but all 50 states and many countries across the globe. There is a worldwide competition for jobs.

    Because we are in a constant struggle regarding how much Kansas spends on K-12 education, we have not had substantive conversations that we should about the effectiveness and efficacy of our education systems and how we properly prepare Kansas students for their lives after high school.

    Improving our education systems takes place because of conversations between employers, students, parents, educators and those setting education policy: the legislature, the Governor, local boards of education and the State Board of Education.

    These conversations simply cannot take place between all the interested parties mentioned and the state’s judicial branch.

    The Chamber’s board of directors and members across the Kansas business community recognize the importance of a well-educated and trained workforce. But they also desire a competitive business climate. The endless litigation over school funding places the state at risk of being able to a balance of a competitive tax climate and providing for the essential services required outside of the K-12 education system.

    The framers of our national and state constitutions understood that the power to tax and appropriate funds must be placed in the hands of the legislature-the governing body of the people. The Kansas Coalition for Fair Funding supports a constitutional amendment that will reestablish this fundamental principle of democracy and will end the continuous cycle of litigation.

  • Judge Melgren defends Constitutional protections

    Judge Melgren defends Constitutional protections

    By Karl Peterjohn

    While it has become increasingly common for members of the U.S. Supreme Court to make news by public comments, particularly during their summer recess, Wichita Pachyderm Club members had the opportunity for Kansas federal district Judge Eric F. Melgren to quote from his judicial colleagues in a way of defending the Constitution’s concept of the separation of powers. Judge Melgren cited various appellate court rulings, particularly as they related to the largely little known Chevron decision, that damages that constitutional protection at his July 21 speech in Wichita.

    Judge Melgren, a former member of this club before his selection as the U.S. attorney for Kansas that was followed by his 2008 elevation to a federal district court post, began by discussing this governmental paradox, “those who favor (government) efficiency, or inefficient, representative government,” and he quoted from three appellate decisions as well as several of Madison’s Federalist papers to make this point.

    The founders feared tyrannical government and worried about this new government having too much power. That is the reason for the three separate branches where Congress writes the law, the executive branch administers the law, and the judiciary interprets it. This system of checks and balances make government very inefficient, and Melgren cited Madison’s Federalist 47.

    Judge Melgren followed by quoting Supreme Court Justice Clarence Thomas’s opinion in the Department of Transportation v. American Railroads case on this point. Our progressive law has now put the power of taking a general federal statute and having a federal agency basically write the rules and regulations that are then administered by the bureaucracy, and if a dispute arises, is then settled in the agencies own administrative law courts. Congress, often the executive, and unless extensive litigation occurs, the courts are all bypassed. The Chevron decision pushed these legal disputes away from the courts and back to bureaucratic resolutions.

    This creates an environment where the bureaucracy has assumed much of the law making powers, administers the law, and then has their own administrative courts to interpret it.

    In theory, the bureaucracy is part of the executive branch and reports to the president. However, as U.S. attorney Melgren was reminded by his staff that they would be there after he had left that office. This also applies to the rest of the federal government’s bureaucracy.

    To amplify upon this situation Melgren quoted from then federal appeals court judge Gorsuch in an immigration case that turned on the legal question of which conflicting rules from the government applied. The U.S. Supreme Court’s little known but legally controversial Chevron decision took this issue away from the federal courts and gave it to the professional bureaucracy. Gorsuch’s opinion was part of this 10th circuit (federal appellate court) case involving the U.S. justice department in 2016.

    Then President Obama’s rule making authority was at issue, that created this legal problem in the realm of federal administrative law making. This was also a problem in Thomas’ opinion in the railroad case.

    Justice Thomas warned about this dangerous trend. This amplified the warning Gorsuch bemoans in the weakening of the separation of powers in his appellate case. Thomas warned that too often we abrogated and allowed the power to make laws by administrative fiat. It might help make, as is often suggested, “make the trains run on time,” although Judge Melgren expressed serious doubts on this point there was no doubt about the cost to our Constitution, and the individual liberty it is supposed to protect.

    Judge Melgren spoke about the Chevron decision’s impact where the courts must defer to administrative agencies. “Apply the law as it is, and not how they wish it to be,” citing Gorsuch’s opinion, this means that the separation of powers is being totally undermined by the Chevron edict. The solution is: legislation. Law writing is arduous and difficult, but this is not a bug in the system, but this difficulty is a constitutional protection.

    This shift in power under Chevron would astonish the founders if they could see our current system as seen by the growth in the federal government in general. Judge Melgren pointed out that within the lifetime of some of the Pachyderm Club members the number of judges in the federal court system in Kansas had expanded from one in 1940 to six today, and that excludes a number of senior federal judges who have officially “retired,” but still on occasion hear about 1/3 of the total number of cases in the three federal courthouses (Wichita, Topeka, and K.C.) in Kansas. Melgren mentioned his late colleague Judge Brown, who was an appointee of President Kennedy and was still hearing cases while over 100 years old. Judge Brown passed away at the age of 104.

    Melgren readily acknowledged that the separation of powers was not absolute. The federal court system underneath the supreme court is created by congress. The close to 1,000 federal district and appellate judges operate nationally within an organization structure created by Congress.

    Melgren’s last case he quoted was from Kansas Supreme Court Justice Caleb Stegall’s opinion in the selection of district court judges, Sullivan v. Kansas. Stegall’s separation of powers argument cited Madison’s Federalist 51 concerning the concentration of power in any one government agency.

    Stegall applied the warnings over the separation of powers and the direction that state law has taken going back to Kansas Supreme Court cases granting additional administrative power going back to a 1976 ruling that involved the complexity created by the separation of powers. The separation of powers was a critical constitutional concept that is a key to protecting our liberties from government expansion.

    This cautionary litany of judicial rulings quoted by Judge Melgren served as a legal foundation concerning our Constitution and the separation of powers legal structure. The Chevron decision that weakens our liberty, and expands government’s powers, places a roadblock in the effort to preserve, protect and defend our liberty with this important constitutional protection of the separation of powers today.

    Video of this speech is available on YouTube. Click here.

  • Kris Kobach at Wichita Pachyderm Club

    Kris Kobach at Wichita Pachyderm Club

    Kansas Secretary of State Kris Kobach addressed members and guests of the Wichita Pachyderm Club on Friday June 9, 2017, the day after he announced his candidacy for Kansas Governor in 2018. Video of this event is on YouTube here.

    By Karl Peterjohn

    Kris Kobach’s gubernatorial campaign heralding conservative policy options for Kansas arrived at the Wichita Pachyderm Club luncheon June 9. Speaking to a packed house of Pachyderm Club members and guests, Kobach wasted little time in blasting the tax and spend climate at the Kansas statehouse that resulted in the largest tax hike in Kansas history, a $1.2 billion income tax hike that was approved this week over Governor Brownback’s veto.

    The Kansas Secretary of State since 2010, Kobach began criticizing the “climate of corruption,” at the Kansas statehouse. He criticized Democrat legislative leader Senator Anthony Hensley who has been in the legislature, “since the Ford administration,” when Kobach was eight years old at that time, and today Kobach is 51 years old. Kobach said many of the legislators are well past their, “sell by date,” and used this example from the last century to call for term limits on all statewide elected officials as well as legislative term limits.

    “We had an obscene tax increase,” Kobach said in criticizing the legislators who overrode Governor Brownback’s veto and approved a $1.2 billion tax hike. “Kansas does not have a revenue problem, Kansas has a spending problem.” Kobach repeatedly blasted tax and spending expansion advocates from both Republican and Democrat legislators override the gubernatorial veto.

    “It’s so easy when spending other peoples’ money,” Kobach said.

    Kobach blasted the retroactive tax hike feature along with raising taxes on supposedly “high income” families making only $60,000 or more, a year. He called for a rollback of this tax hike, and pointed out the failure of the conservative Republican’s Truth Caucus budget that would not have raised taxes and failed in the senate by only a couple of votes. When legislators say they had no choice (but raise taxes) they are lying.”

    Besides ending the culture of corruption and the tax battle, Kobach’s third point in his campaign platform plank included immigration and ending benefits for illegal immigration, including the in-state tuition that treats out of state U.S. citizens worse than illegal immigrants who have broken U.S. law. He also wants to end “sanctuary cities/counties,” that have been adopted by some local governments in Kansas.

    Kobach called for making Kansas number one for pro-life issues and praise the legislation enacted relating to abortion since 2011. A sportsman and outdoorsman, Kobach praised the excellent pro-2nd Amendment ranking Kansas has achieved but expressed a desire, if elected, to make Kansas number one in rankings related to pro-life, 2nd amendment, and fiscal issues.

    The Secretary of State has just finished their ninth conviction for voter fraud and done this while his office budget has been reduced by 18 percent. Personnel costs were the major area for generating savings in the Kansas Secretary of State’s office according to Kobach. He said this was achieved by eliminating positions due to retirement or job changes, and not by any layoffs. Kobach wants to take this personnel policy and apply it as governor.

    When Kobach was asked about his support for initiative and referendum for state issues, he said that while he was personally supporting this, he doubted that this could get through the legislature. He did commit to demanding that the legislature cut back benefits for illegal immigrants, and would force the legislature into acting if he is elected.

    This could generate significant savings in state spending. Kobach criticized Kansas for being behind our neighboring states since Kansas spends $424 million in benefits paid for illegal immigrants. This is a net figure, that includes the $18 m paid in mostly sales taxes, paid by illegals Kobach said. 71% of illegal household receive public benefits.

    In continuing his criticism of the legislature, and particularly long serving legislative leaders, Kobach called for a restriction on legislators leaving public office and immediately becoming lobbyists for their former colleagues. This is commonplace at the Kansas statehouse. Kobach wants a ban that would last several years.

    Kobach expressed strong support for school choice. He said that competition is good and wanted to provide parents and students with the ability to choose the best schools that would meet their educational needs.

    The success of the effort to lower income taxes in Kansas was seen by the expansion in corporate filings that demonstrate new business formation while he has been in office. Annual filings have grown to 15,000 a year, an increase of about 35 percent since 2012, the first year that this information was tracked by the secretary of state’s office.

    Former Sedgwick County Republican Party chairman Bob Dool introduced Kobach at this event. Dool cited Kobach’s Kansas ties in returning to Kansas after earning degrees at Harvard; Oxford, England; and a law degree from Yale University. Kobach had also worked as a White House fellow for George W. Bush and went on to join the U.S. Justice Department where he was serving during and after the 9-11-2001 Islamic terrorist attacks. Dool will serve as the treasurer for Kobach campaign. Kobach is married with five children and has served on the Overland Park city council. Recently, President Trump appointed Kobach to help lead a federal panel to look at problems with our voting system, reduce voter fraud, and improve our elections.

    Kobach has become the second announced gubernatorial candidate after Wichita businessman Wink Hartman who was the first Republican to announce his candidacy recently. Governor Sam Brownback is term limited and cannot run for re-election. While the self-described, “moderates,” do not have a GOP gubernatorial candidate in this contest as of today, it is clear that at least two conservatives, and possibly more, are going to enter the Kansas gubernatorial primary for the GOP nomination.

  • Breaking the statehouse budget deadlock

    Breaking the statehouse budget deadlock

    By Karl Peterjohn

    The budget deadlock has begun at the Kansas statehouse. The legislature cannot leave Topeka until they have approved the next biennial state budget that will begin July 1. Usually, this includes the governor’s signature on that legislation. That might not happen this year. That’s the issue.

    Governor Brownback is not willing to fund a multi-year, multi-billion spending bill demanded by the liberal legislative majorities in both houses. Earlier this year he vetoed a record-breaking income tax hike scheme. So far, the governor has been successful in having his vetoes sustained.

    The pressure is going to be applied for the governor’s fiscally responsible Republican allies opposed to income tax hikes.

    The powerful government employee spending lobbies, headed by arguably, the most powerful lobby in this state, the KNEA teachers’ union, that spending priorities for the reliably liberal Democrats in the legislature along with a large number of other self-described, “progressives,” or “moderates,” big spending Republicans now hold sizable majorities in both houses of the Kansas legislature. However, the bi-partisan spending factions are short of the two-thirds majorities required to override Governor Brownback’s repeated vetoes. The spending lobbies have come close, and did override the governor’s pass a record-breaking income tax hike proposal in the Kansas house, but that override effort ultimately failed by three votes in the senate.

    The other powerful spending lobbies among the road contractors, hospitals, and the most powerful appointed body: ethically flawed and disciplined Chief Justice of the Kansas Supreme Court, Lawton Nuss, and his fellow band of black-robed lawyers on the Kansas Supreme Court continue to try and force massive state spending hikes. Several members of this court, including Nuss, represented school districts and school finance litigation issues before joining the court.

    Massive tax hikes will be required to fund this spending spree. Spending estimates indicate the increases proposed would be $2.25 billion over five years according to State Representative John Whitmer. Expanding Obamacare under the guise of Medicaid expansion could be even more expensive after the first few years.

    What is different with earlier Kansas budget battles besides another zero on the cost? In this digital age we are in, everything seems to have moved digitally into a win/lose, up/down, on/off configuration.

    The lawyers on Kansas’ top court with their school funding edicts, will all be providing pressure and using the leftstream Kansas news media to try and push a handful of Republican legislators to shift their votes, so everyone can go home with a huge income tax hike. Sadly, this destructive tax hike is unlikely to be successful in funding all of the proposed state spending proposals.

    This is the big spenders’ dream scenario for the next state budget.

    The scenario for fiscally responsible legislators and Governor Brownback is less clear. In the analog days of the 20th century, when people looked for win-win, instead of zero-sum games where every winner means there must be a loser, compromise was the answer.

    To his credit, Governor Brownback has expressed a willingness to compromise. Brownback has supported and signed smaller excise tax hike bills in recent years. He continues to be blasted by liberal media critics in the editorial pages across the state. These tax hikes tried to reach a legislative compromise that allowed a continued growth in state spending. This spending growth was being driven by the perpetual school finance lawsuits.

    There is another solution if the legislative deadlock continues, and there is a recent and nearby example for Kansas elected officials to consider: let the people decide. The Kansas Constitution has a provision that, “…all political power in this state is inherent in the people.” This is in the Kansas Constitution’s Bill of Rights.

    How would empowering Kansans work?

    In 2016, in our neighboring state to the south, Oklahoma, the state spending lobbies convinced the legislature to place a one cent sales tax hike on the statewide ballot. In November 2016 Oklahoma voters decided the fate of this sales tax hike. It was rejected by the voters.

    A compromise between Governor Brownback and his fiscally conservative GOP legislative allies on one side could be reached with the larger number of Democrat and Republican tax hike advocates in the legislature using this “let the people decide,“ approach. Kansas taxpayers need to have a say in the massive new spending schemes appearing at the statehouse.

    The tax hike advocates can place their proposal for raising state taxes/spending on either the August or preferably the November 2017 election ballot where a statewide referendum could be held. Both sides could make their case to voters. All political power is inherent in the people, and letting the voters decide would certainly be preferable to having appointed lawyers in black robes setting state fiscal policy with big-spending legislators as their willing accomplices.

    Karl Peterjohn is a former journalist and served two terms as a Sedgwick County commissioner between 2009-17. He advocated on behalf of Kansas taxpayers as the executive director of the Kansas Taxpayers Network between 1992-2009.

  • Shocking News about Kansas Education!

    Shocking News about Kansas Education!

    By Paul Waggoner. This column first appeared in the Hutchinson News.

    Listening too often to Topeka politicians and administrators can leave a normal person feeling rather jaded, even used. Or maybe it’s the reporting, sometimes I just don’t know.

    Such was the case Tuesday reading the News report of Kansas Dept of Education Deputy commissioner Dale Dennis speech to the local Rotary club (Hutchinson News, April 18, “Ed Official: Fund Gap numbers shocking”). His talk was filled with boilerplate and themes typical of the education establishment.

    Mr. Dennis made multiple comparisons and statements of fact to prove his points. In the article by the News own Mary Clarkin, Mr. Dennis set up a paradigm of school under-funding by noting that “in 1992 base state aid per pupil was $3,600”, while now it is only $ 3,852. If the amount had just been adjusted for inflation “it would be $6001.12”. Those cheapskate legislators!

    These disheartening numbers for funding over the last 25 years, Mr. Dennis told the crowd, “are shocking, shocking”. Then he went on to tout House Bill 2410 that would raise base state aid to $4,006 next year and $4,800 per pupil by 2021. The total cost of this bill would come to $750 million. Which, Ms. Clarkin summarizes, would get us “back to where the state should have been in 2015-16”’.

    I am not an educator, but I am a business person and I am conversant with state budget and spending numbers. Mr. Dennis, I hope to show, should be embarrassed by his comments; but even more, the News should be embarrassed by their article.

    The data on Kansas K-12 spending is easily accessible at the Kansas Dept of Education website ksde.org. Going back 20 years to Gov. Graves and 1997 you see total state funding of $1,815 million, rising to $3,950 million in 2016, a 117 percent increase! But the inflation rate during this period was only 47 percent, and the student count was up just three percent. Surprised?

    Total spending (state/federal/local) is the best indicator of overall education financing. Plus you avoid disputes over how KPERS should be counted (whether state or local) and you get a genuine bottom dollar cost.

    Many News readers need to let these numbers sink in. This is not spin, this is official data, Total spending went from $6,828 to $12,188 per pupil in barely 10 years.

    Now Mr. Dennis was giving you a “fact” on base state aid, but he avoided telling our esteemed Rotarians that in the 1990s “base state aid” was 90 percent of the money Kansas provided our schools, but by 2005 it was only 65 percent of Kansas school funding, and in 2015 it was barely 50 percent. The ksde.org website listed over 25 different avenues state money now flows to local schools.

    Ms. Clarkin of the News is an intelligent women and if some Department of Commerce representative came touting “shocking” job growth numbers in Kansas she surely would have noted evidence or context to the contrary. But Mr. Dennis utter factual inaccuracies go unchallenged.

    Many seem to think it is “anti-education” to point out the real spending numbers. But to ignore the context of the 12 years prior to Brownback and the 80% increase in state K-12 spending is insane. Does any genuine public servant think that spending trajectory was sustainable?

    The actual K-12 spending information is just a few clicks away from us for any school district or the state as a whole. The Rotarians of 2017 are a sensible group and will (I trust) rotate their minds with the actual data and judge accordingly.

    But I, for one, am forever shocked (shocked!) by how disingenuous Topeka bureaucrats and our Kansas news media continue to be. And in that I expect I will have plenty of company as this legislative year moves forward.

    Paul Waggoner is a Hutchinson resident and business owner. He can be reached with comments at waggonerpm@gmail.com.

  • Benefits of tax cuts without raising debt

    Benefits of Tax Cuts Without Raising Debt
    President-elect Donald Trump should learn from Kansas’s mistake on income-tax reduction — don’t reduce revenue and increase spending.

    By Dave Trabert, Kansas Policy Institute

    President-elect Donald Trump should learn from Kansas’s mistake on income-tax reduction: Don’t reduce revenue and increase spending. That’s the real problem with the Kansas budget (“Brownback Sees Kansas Tax Plan as Model for Nation,” U.S. News, Dec 24). There was never an expectation that spending wouldn’t have to be adjusted to accommodate revenue reductions, but Democrats and many Republicans refused to make government more efficient so spending and taxes were increased in 2013 and again in 2015. Kansas spent 27% more per resident in 2015 than the states without an income tax.

    The income-tax exemption on pass-through income for proprietorships, partnerships, Sub-S corporations and LLCs is paying real dividends. U.S. Census data show that pass-through businesses actually created the majority of new jobs in 2013 and 2014 (the most recent data for employment by legal organization). And while Kansas continues its decades-long tradition of trailing the national average on job growth, Kansas is performing closer to the average since taxes were reduced.

    Census data also show employment for pass-through entities is almost at parity with C corporations in the U.S., and cutting the corporate income tax affects only about half of the business employment base. Pass-through business profits are taxable to the individual owners, so individual rates must also be reduced to really help the economy.

    Dave Trabert
    President
    Kansas Policy Institute
    Overland Park, Kan.

    (Originally published in the Wall Street Journal at http://www.wsj.com/articles/benefits-of-tax-cuts-without-raising-debt-1484002119.)