In this episode of WichitaLiberty.TV: A look back at a few problematic issues regarding ethical government in Wichita in 2013. Topics include: Campaign contributions, the timing of city and school board elections, Mayor Carl Brewer’s integrity and threats, the need for campaign finance reform, the firing of a television news reporter, the apparently non-transparent way the city formulates policy, and the useless feedback systems the city relies on. Episode 26, broadcast January 5, 2014. View below, or click here to view at YouTube.
Tag: Elections
Kansas jobs: Who do we believe?
Earlier this week we saw that candidates for Kansas governor have released statements on recent job figures in Kansas. The news releases from Sam Brownback and Paul Davis appear to contain conflicting views of Kansas employment.But we saw that the Bureau of Labor Statistics has two monthly surveys that measure employment levels and trends. There’s the Current Population Survey (CPS), also known as the household survey, and there is also the Current Employment Statistics (CES) survey, also known as the payroll or establishment survey. BLS explains: “These estimates differ because the surveys have distinct definitions of employment and distinct survey and estimation methods.”
Both the Davis and Brownback campaign appear to cite the data correctly. So which is the better measure to use? Which gives the best indication of the performance of the Kansas economy in creating jobs?Here’s something to consider. On the national level, a widely-watched number each month is the count of new jobs created. This number, which is universally considered to be important, comes from the CES survey. That’s the number that shows quite a bit of job growth in Kansas. But in order to belittle the Brownback effort, the Davis campaign cites the other data series.
So let’s be fair. The next time Davis and Democrats praise good job creation figures at the national level as evidence of the goodness of Barack Obama, let’s ask them to give the same credit to Sam Brownback.
Milton Wolf announces an announcement
It’s been rumored that he’s been thinking about it, and it now looks like Dr. Milton Wolf will join the race for the Republican Party nomination for United States Senate. The other declared candidate is the incumbent, Pat Roberts. At least I don’t think Wolf would have an event like you’re invited to (see below) just to say no, he’s not running.
Kansas Senate and staggered terms
Would staggered terms in the Kansas Senate make a difference?
The tax debate in Kansas centers on a promise made to voters: That the sales tax increase will be allowed to expire this year, as current law specifies. Members of the House of Representatives seem to have a solemn grip on this promise, while senators are more willing to keep the current high sales tax rate in exchange for lowering other taxes (or something else).
With two-year terms, all 125 members of the House will face the electorate next year. None of the 40 senators will, as they have three years until their next election to their four-year terms.
Does the distance to the next election make a difference? Kansas is uncommon, but not unique, in that it has legislators that are elected to lengthy terms, but not in a staggered fashion. (See Ballotpedia, Length of terms of state senators.)
California, for example, has 40 senators like Kansas, but their terms are staggered so that half the positions are up for election every two years. But in Kansas, all 40 senate seats are elected at the same time.
So in Kansas next year, all House members are facing elections, while no Senators face the same scrutiny by voters.
Does that account for the difference in positions taken by the two chambers? In three years, when senators face voters, will this year be remembered?
Should Kansas change the senate so that terms are staggered? Yes, I think so. Let’s elect odd-numbered districts in one election cycle, and even-numbered the next. In 2014, one of these groups — half the senate seats — will be elected to two-year terms to get the stagger started. Flip a coin to see which group starts.
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.
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.
Kansas spring elections should be moved
Following is testimony I will deliver to the Senate Standing Committee on Ethics, Elections and Local Government as a proponent of SB 211: Elections; municipalities; primary and general elections; date change; partisan.Thank you for allowing me to present testimony in favor of SB 211, which would move city and school board elections from the spring of odd-numbered years to the fall of even-numbered years to coincide with state and national elections.
I’ve gathered statistics for elections in Sedgwick County, and these numbers show that voter turnout in spring elections is much lower than in fall elections. (For these statistics I count the August primary as part of the fall election cycle.) Since 2000, turnout for fall elections, both primary and general, has been 44 percent. Over the same period, spring elections turnout has been 18 percent.
Remarkably, a special Wichita citywide election in February 2012 with just one question on the ballot had voter turnout of 13.7 percent. One year earlier, in April 2011, the spring general election had four of six city council districts contested and a citywide mayoral election. Turnout was 12.8 percent, less than for a single-question election.
The problem of low voter participation in off-cycle elections is not limited to Sedgwick County or Kansas. In her paper “Election Timing and the Electoral Influence of Interest Groups,” Sarah F. Anzia writes “A well developed literature has shown that the timing of elections matters a great deal for voter turnout. … When cities and school districts hold elections at times other than state and national elections, voter turnout is far lower than when those elections are held at the same time as presidential or gubernatorial elections.”
In the same paper, Anzia explains that when voter participation is low, it opens the door for special interest groups to dominate the election: “When an election is separated from other elections that attract higher turnout, many eligible voters abstain, but interest group members that have a large stake in the election outcome turn out at high rates regardless of the increase in the cost of voting. Moreover, interest groups’ efforts to strategically mobilize supportive voters have a greater impact on election outcomes when overall turnout is low. Consequently, the electoral influence of interest groups is greater in off-cycle elections than in on-cycle elections. As a result, the policy made by officials elected in off-cycle elections should be more favorable to dominant interest groups than policy made by officials elected in on-cycle elections.” (Election Timing and the Electoral Influence of Interest Groups, Sarah F. Anzia, Stanford University, Journal of Politics, April 2011, Vol. 73 Issue 2, p 412-427, version online here.)
I urge this committee to support moving the spring elections to be held in conjunction with the fall state and national elections. This will help reduce the electoral power and influence of special interest groups.
Is graft a problem in Wichita?
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.
Kansas local office campaign finance reports
It’s hard to obtain and use local office campaign finance reports in Kansas. In Sedgwick County, for example, candidates for local offices file reports on paper with the county election office. These reports are scanned and made available online.
That sounds good. But the online system is very difficult to use. It’s hard to find the reports you want to view.
Until recently the system didn’t support modern browser programs like Firefox and Chrome. I kept a Windows virtual PC on hand and maintained with an old version of Windows and Internet Explorer for the sole purpose of using the document system at Sedgwick County.
It’s better now. You can use modern browser programs. But how many people will make the effort of creating a virtual PC so to obtain campaign finance data?
Then, the data you download or print is not machine readable. It’s images of text. It’s not searchable. It can’t be loaded into a spreadsheet or database, except by hand, or in some limited cases, through optical character recognition.
The campaign finance reports can’t be linked to like other documents that are online, like you can link to an agenda or the minutes of meetings.
The Johnson County election office didn’t do any better. There, the finance reports I looked at were available as multi-page TIFF files. These are difficult to work with. The software that most people have on their computers will show just the first page, probably.
We can do better.
As a start, I’ve created a collection of campaign finance reports from Sedgwick County. It’s not comprehensive. The documents are images as provided by the election office, meaning they’re not searchable and can’t be loaded into a spreadsheet or database.
But it’s something more than the government provides. Click here to see.
In Wichita, Jeff Longwell has the solution to cronyism
At a recent Wichita City Council meeting, Council Member Jeff Longwell (district 5, west and northwest Wichita) was critical of topics broached by two speakers, admonishing them to “take a different approach.”The speakers had mentioned votes made and actions taken by the council and the appearance of influence or linkage to campaign contributions.
Longwell’s concern is understandable. As perhaps the most accomplished practitioner of cronyism on the council, he’s dished out millions in taxpayer subsidy to his significant campaign contributors. His acceptance of campaign contributions last summer from a Michigan construction company that had business before the council lifted cronyism to new heights.
After that, I thought that we wouldn’t ever see a more blatant instance of the appearance of impropriety. That is, until Mayor Carl Brewer started selling his barbeque sauce at a movie theater he’s voted to grant taxpayer subsidy to, several times.
These incidents are embarrassing for Wichita. So I can understand that Longwell doesn’t want them mentioned in public. I’m sure that’s what he would prefer.
That’s why it’s surprising that he would speak out at a council meeting. Why call additional attention to your bad behavior?
I think I know the answer: It is not possible to shame Longwell, Brewer, and most other council members. They believe their conduct is honest, forthright, and above reproach. They believe it is their critics who are harming the city’s reputation.
But in many cities, the routine practice of most Wichita City Council members would be a violation of the city’s ethics code, or even of city law. An example is from Westminster, Colorado. Its charter reads:
The acceptance or receipt by any Councillor or member of that Councillor’s immediate family, or an organization formed to support the candidacy of that Councillor, of any thing of value in excess of one-hundred dollars ($100) from any person, organization, or agent of such person or organization, shall create a conflict of interest with regard to that Councillor’s vote on any issue or matter coming before the Council involving a benefit to the contributing person, organization, or agent, unless such interests are merely incidental to an issue or question involving the common public good.
In commenting on this ordinance, CityEthics.org noted:
Westminster goes right to the heart of the matter — not the contribution itself, which is central to citizens’ expressions of their political preferences — but the effect of the other sort of contribution, the large contribution intended, possibly, not only to express a political preference (or not even, since often large contributions are given to both or all candidates by the same individual or entity), but also to influence the candidate.
If the contribution was not intended to influence the candidate, then the contributor won’t mind that the candidate cannot participate or vote on any matter dealing with the contributor’s interests. In addition, the candidate will not be placed in the position of appearing to favor someone who gave him or her a sizeable contribution or — and this is certainly possible if the candidate is truly independent — having to vote against a strong supporter. It’s a win-win situation for everyone, so long as there was no intent to influence.
In Wichita, we don’t have any laws or codes of ethics that prohibit or discourage what Westminster, Colorado does. We don’t even have many council members who think these are desirable.
Instead, the solution preferred by Wichita’s political class is to follow Jeff Longwell’s advice: Just don’t talk about it.
Troubling incidents involving Council Member Jeff Longwell
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.
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.
Then, last 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? Why should we in Wichita care if they do?
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.
When asked about the Michigan contributions, Longwell stated “We often get contributions from a wide variety of sources, including out-of-town people,” according to the Wichita Eagle.
But analysis of Longwell’s July 30, 2012 campaign finance report shows that the only contributions received from addresses outside Kansas are the Walbridge contributions from Michigan, which contradicts Longwell’s claim. Additionally, analysis of ten recent campaign finance reports filed by Longwell going back to 2007 found only three contributions totaling $1,500 from addresses outside Kansas.
Earlier this week we saw that candidates for Kansas governor have released statements on recent job figures in Kansas. The news releases from 
At a recent