Voice For Liberty

Tag: Jeff Longwell

Wichita City Council Member Jeff Longwell

  • Wichita fails ethics test

    Yesterday Wichita Mayor Carl Brewer and a majority of the Wichita City Council failed a test, showing that Wichita elected officials, except for one, aren’t interested in ethical behavior.

    The problem is worse than portrayed in a Wichita Eagle editorial, which commented on the appearance of the mayor’s and council’s action. In Wichita, we don’t have the mere appearance of a problem, we have an actual and real problem.

    The problem, in a nutshell, is that the mayor and all members of the city council except for Michael O’Donnell (district 4, south and southwest Wichita) don’t see that’s a problem for them to award no-bid contracts to campaign contributors. They also don’t see that it’s wrong to preside over a hearing in a quasi-judicial manner and award contracts to a campaign contributor. See For Wichita government, an ethics tipping point and Wichita City Council can’t judge airport contract.

    In some states and cities, the routine action of the mayor and council members would be illegal. It ought to be illegal in Kansas. There was no discussion from the council bench about this, and none in the executive session council members took.

    Coincidentally, a group spoke during the public agenda portion of Tuesday’s council meeting about their concern for what they say is the corrupting influence of campaign money in politics.

    None of the group stayed to observe the city council provide a lesson in how most of Wichita’s elected officials willfully ignore the issues the group is concerned with. From the bench Vice Mayor Janet Miller (district 6, north central Wichita) spoke approvingly of the group’s cause. But last year Miller voted for a no-bid contract to be awarded to her campaign contributors, and she voted in Tuesday’s airport contract hearing.

    The behavior of Mayor Brewer and most members of the council gives new urgency for the Kansas Legislature to pass pay-to-play laws, which generally prohibit officeholders from voting on matters that financially benefit their campaign contributors. We can call it “Carl’s Law.” See Wichita and Kansas need pay-to-play laws.

    An example of a pay-to-play law is a charter provision of the city of Santa Ana, in Orange County, California, which states: “A councilmember shall not participate in, nor use his or her official position to influence, a decision of the City Council if it is reasonably foreseeable that the decision will have a material financial effect, apart from its effect on the public generally or a significant portion thereof, on a recent major campaign contributor.”

    Kansas has no such law. Certainly Wichita does not, where pay-to-play is seen by many citizens as a way of life — the Wichita way.

  • For Wichita government, an ethics tipping point

    Tomorrow Wichita Mayor Carl Brewer and the Wichita City Council will make a decision that will let the city learn the ethics and character of its elected officials.

    The issue is whether the mayor and five of six council members will decide to preside in a quasi-judicial matter over a case involving a major campaign contributor and personal friend. Now we know that the mayor has also intervened on behalf of Key Construction, recommending exclusively that the firm be hired for a construction project.

    My reporting in Wichita City Council can’t judge airport contract details the campaign contributions made by executives of Key Construction and their spouses.

    On Sunday Bill Wilson of the Wichita Eagle reported on the letter Brewer sent to a retail store planning to build in Wichita. Key was the only construction company the mayor recommended. (Letter from mayor at center of construction bid controversy.)

    Wichita has shown it is willing to disregard the taxpayer in order to award out-sized profits to Key Construction. The most recent scheme — which didn’t pan out for Key — had the council willing to overspend by $1.3 million through a no-bid contract planned for Key. Only the action of council members Pete Meitzner (district 2, east Wichita) and Michael O’Donnell (district 4, south and southwest Wichita) prevented the award of the no-bid contract and saved Wichita taxpayers $1.3 million.

    Despite this, Mayor Brewer wrote in his Key Construction recommendation letter: “Key is known for their consistent quality construction, budget control and on schedule delivery.”

    But in February, Wilson of the Eagle reported on “city-financed downtown parking garages that spiraled well over budget.” Continuing, Wilson wrote: “The most recent, the 2008 WaterWalk Place garage built by Key Construction, an original partner in the WaterWalk project, came in $1.5 million over budget at almost $8.5 million. That’s the biggest parking garage miss, according to figures from the city’s office of urban development, although the 2004 Old Town Cinema garage built by Key Construction came in almost $1 million over budget at $5.225 million.” (Wichita city manager proposes eliminating no-bid construction projects.)

    With a record like this, we have to wonder why Mayor Brewer would recommend Key Construction. Besides the campaign contributions and fishing trips, that is.

    The Wichita mayor’s behavior gives new urgency for the Kansas Legislature to pass pay-to-play laws, which generally prohibit officeholders from voting on matters that financially benefit their campaign contributors. We can call it “Carl’s Law.” See Wichita and Kansas need pay-to-play laws.

    Until such laws are in place, it is up to the personal judgment and character of the mayor and each city council member who has accepted campaign funds from Key Construction to decide whether they should act as judge in a case where Key is a party and stands to benefit financially. The decisions they make will let us know the future course for government ethics in Wichita. They either take a stand for good government, or fall farther into the morass of political cronyism.

  • Wichita increases its debt

    Wichita has increased its long-term debt load and shifted tax money from debt repayment to current consumption.

    Starting with a debt load of $813,493,172 in 2007, decisions made by the mayor and city council have increased that figure by $381,146,955 in 2011. That’s an increase of nearly 47 percent in four years. The debt level now stands at $1,194,640,127 as of December 31, 2011.

    Mayor Carl Brewer and long-serving council members Jeff Longwell (district 5, west and northwest Wichita) and Lavonta Williams (district 1, northeast Wichita) have presided over this increase of long-term debt that city taxpayers will be paying for a long time.

    Instead of seeking to retire this debt, the council has taken action that delays paying off the debt. According to the 2010 City Manager’s Policy Message, page CM-2, “One mill of property tax revenue will be shifted from the Debt Service Fund to the General Fund. In 2011 and 2012, one mill of property tax will be shifted to the General Fund to provide supplemental financing. The shift will last two years, and in 2013, one mill will be shifted back to the Debt Service Fund. The additional millage will provide a combined $5 million for economic development opportunities.”

    In other words, the city has shifted tax money from debt repayment to current spending needs. While economic development seems like a worthy cause, it hasn’t worked very well for the city. In his most recent State of the City address, Mayor Brewer said that the city’s efforts in economic development had created “almost 1000 jobs” in 2011, one of the years in which debt service taxes were redirected to spending on economic development.

    While “almost 1000” sounds like a lot of jobs, that number deserves context. According to estimates from the Kansas Department of Labor, the civilian labor force in the City of Wichita for December 2011 was 192,876, with 178,156 people at work. This means that the 1,000 jobs created accounted for from 0.52 percent to 0.56 percent of our city’s workforce, depending on the denominator used. This miniscule number is dwarfed by the normal ebb and flow of other economic activity.

    It is unknown how many of these jobs would have been created without the city’s economic development assistance, but the number must be substantial. Also, the mayor did not mention the costs of creating these jobs. These costs have a negative economic impact on those who pay these costs. This means that economic activity — and jobs — are lost somewhere else in order to pay for the incentives.

    Wichita debt.

  • Wichita City Council can’t judge airport contract

    On Tuesday the Wichita City Council will conduct a hearing for review of the award of a contract for the construction of the new Wichita Airport terminal. But because of relationships between nearly all council members — especially Wichita Mayor Carl Brewer — and one of the parties to the dispute, the city council should not participate in this decision.

    The contract, worth about $100 million, was awarded to Dondlinger and Sons and its partner. Dondlinger has built many large projects, including INTRUST Bank Arena. But the city then ruled that Dondliger’s bid is “unresponsive.” The reason is that Dondlinger may not have met bid requirements regarding disadvantaged and minority business enterprises.

    The firm next in line to receive the contract is Key Construction of Wichita. If the city council finds against Dondllinger, Key gets the contract, presumably. That’s the source of the problem the city council faces, as Key is heavily involved in politics, with its executives and their spouses often making the maximum allowed campaign contributions to nearly all members of the council. Personal relationships may play a role, too.

    For the mayor and current council members, here is my tabulation of how much Key-associated persons made to each member’s most recent campaign:

    Carl Brewer: $4,500
    Jeff Longwell (district 5, west and northwest Wichita): $4,000
    Lavonta Williams (district 1, northeast Wichita): $3,000
    Pete Meitzner (district 2, east Wichita): $2,500
    Janet Miller (district 6, north central Wichita): $1,500
    James Clendenin (district 3, southeast and south Wichita): $1,000
    Michael O’Donnell (district 4, south and southwest Wichita): $0

    Is there a pattern to these contributions? That is, does Key make contributions to candidates with a specific political philosophy, such as conservatism or liberalism? Of the top three contributors, two have distinctly liberal ideas about taxation and spending, while the other is touting conservative credentials as he campaigns for another office. Patterns like this suggest that the contributions are made to gain access to officeholders, or for favorable consideration when the donor asks the council to vote to give it money or contracts. Key Construction does that a lot.

    Wichita mayor Carl Brewer with major campaign donor Dave Wells of Key Construction.

    The political influence of Key Construction extends beyond campaign contributions, too. Mayor Brewer’s personal Facebook profile has a photo album holding pictures of him on a fishing trip with Dave Wells of Key Construction.

    These political investments have paid off for Key Construction, as it has received a number of no-bid contracts over the years. Last August the council decided to award Key a no-bid contract to build the parking garage that is part of the Ambassador Hotel project. The no-bid cost of the garage was to be $6 million, according to a letter of intent. All council members except Michael O’Donnell (district 4, south and southwest Wichita) voted for the no-bid contract to Key Construction, although Mayor Carl Brewer was absent. It is likely that he would have voted with the majority, however.

    Later the city decided to place the contract for bid. Key Construction won the bidding, but for a price some $1.3 million less.

    What citizens need to know is that the city council, except O’Donnell, was willing to spend an extra $1.3 million on a project awarded to a politically-connected construction firm.

    So should the Wichita City Council make the decision on the airport contract? City documents don’t indicate whether Tuesday’s hearing is of a quasi-judicial nature, as it is sometimes when the council rules on certain matters involving appeal of decisions made by city authorities. But the council is being asked to make decisions involving whether discretion was abused or whether laws were improperly applied.

    That sounds a lot like the role of judges. In 2009 the U.S. Supreme Court ruled that, in the words of legal watchdog group Judicial Watch, “… significant campaign contributions or other electoral assistance pose a risk of actual bias. Writing for the majority, Justice Anthony Kennedy said: ‘Just as no man is allowed to be a judge in his own cause so too can fears of bias arise when a man chooses the judge in his own cause.’”

    Judicial Watch also noted “The ruling will likely affect judges in 39 states that elect them — including Washington, Texas and California — from presiding over cases in which their campaign contributions could create a conflict of interest. The nation’s judicial code has long said that judges should disqualify themselves from proceedings in which impartiality might reasonably be questioned, but the Supreme Court ruling is the first to address hefty election spending.”

    The mayor and council members are not judges. But they’re being asked to make a judge-like decision. If held to the same standards as the U.S. Supreme Court says judges must follow, Mayor Brewer and the five council members who accepted campaign contributions from Key Construction need to recuse themselves from Tuesday’s decision on the Wichita Airport construction contract. A similar argument can be made for city manager Robert Layton and all city employees. Directly or indirectly they serve at the pleasure of the council.

    Finally, this episode is another example of why Wichita and Kansas need pay-to-play laws.

  • Cabela’s opening a reminder of failure in Wichita

    Yesterday’s opening of a Cabela’s store in Wichita was celebrated as a great success, but the circumstances of the store’s birth should remind us of the failure of Wichita’s economic development strategies and efforts.

    We have to ask why Wichita is not able to attract retailers like Cabela’s without offering some sort of subsidy. In the current example, we are allowing Cabela’s to add 1.2 cents per dollar extra sales tax. Cabela’s keeps one cent, and 0.2 cents will be used to build a new highway exit ramp — one not seriously contemplated until Cabela’s wanted it.

    This turnover of public taxation to private interests through the community improvement district (CID) program is contrary to good public policy. The power to tax is one of the most important — and harmful — functions of government. It ought to be used to pay for public goods, instead of being turned over to private benefit, as it has for Cabela’s.

    At the opening ceremony, I spoke with Kansas Governor Sam Brownback and reminded him that just two weeks ago Wichita voters spoke out against special tax deals similar to the deal Cabela’s received. What is the future of these special tax deals? “I think the better approach is broad tax reduction,” he said.

    While the governor was referring primarily to income taxes, there is strong evidence that Kansas needs to reduce all forms of business tax costs. The release of a report from the Tax Foundation ranking the states in business tax costs brought that into sharp focus two weeks ago. The news for Kansas is worse than merely bad, as our state couldn’t have performed much worse: Kansas ranks 47th among the states for tax costs for mature business firms, and 48th for new firms.

    This raises the question: Was the CID tax giveaway truly necessary for Cabela’s to open, or is Cabela’s business model so flimsy that it requires corporate welfare to survive, or is Cabela’s simply an opportunistic company, willing to feed off taxpayers as another source of profit?

    Community Improvement Districts

    CIDs allow merchants to apply a higher sales tax rate to sales. The money from shoppers is collected under the pretense of government authority, but it is earmarked for the exclusive benefit of the owners of property in the CID. This is perhaps the worst aspect of CIDs. Landlord and merchants already have a way to generate revenue from their customers under free exchange: through the prices posted or advertised for their products, plus consumers’ awareness of the sales tax rates that prevail in a state, county, and city.

    But most consumers may never be aware that they paid an extra tax for the exclusive benefit of the CID. If they happen to calculate the sales tax they paid, they may conclude that the high CID rate is charged all across Wichita — thereby staining our reputation.

    The Wichita city council had a chance to provide transparency to shoppers by requiring merchants in CIDs to post signs informing shoppers of the amount of extra tax to be changed in the store. But CID advocates got the city council to back down from that requirement. CID advocates know how powerful information is, and they along with their allies on the city council realized that signage with disclosure would harm CID merchants. Council Member Sue Schlapp succinctly summarized the subterfuge that must accompany the CID tax when she said: “This is very simple: If you vote to have the tool, and then you vote to put something in it that makes the tool useless, it’s not even any point in having the vote, in my opinion.” She voted against the signage requirement.

    Jeff Longwell (district 5, west and northwest Wichita), in explaining his vote against the signage requirement with the tax rate displayed, said he thought this information would be confusing to shoppers.

    Are incentives necessary?

    The age-old question is whether economic activity will occur without economic development incentives. Governor Brownback said it is a “legitimate question” as to whether Cabela’s would be here anyway.

    In the case of Cabela’s, the store might not be in Wichita without incentives, as the company has shown itself to be especially eager and adept at gathering corporate welfare paid for by taxpayers. One writer concluded “For its part, Cabela’s is unabashed about its dependence on corporate socialism, even declaring in its annual report that grabbing public money is key to its business plan.”

    We see elected officials and economic development bureaucracies eager to create jobs, so much so that they offer incentives that are not necessary. This leads to a cycle of dependency on city hall for economic development. That’s good for politicians and bureaucrats, but bad for everyone else.

    It would be one thing if our economic development activities were working. But there’s evidence that they’re not. Recently we learned that the job-creating activities of Greater Wichita Economic Development Coalition last year resulted in a number of jobs barely more than one-half of one percent of the labor force.

    That’s not a very good job. But keeping a website up to date ought to be easy. The GWEDC site, however, is terribly out of date. On a page titled Recent Relocations Highlights, the most recent item is from 2009. Have we not had any relocations since then, or does GWEDC simply not care to update and maintain its website?

    A recent Wichita Eagle article, (Why isn’t Wichita winning projects?, January 22, 2012 Wichita Eagle), after listing four items economic development professionals say Wichita needs but lacks, reported “The missing pieces have been obvious for years, but haven’t materialized for one reason or another.”

    If these pieces are truly needed and have been obviously missing for years: Isn’t that a startling assessment of failure of Wichita’s economic development regime?

  • A Wichita shocker

    “Local politicians like to get in bed with local business, and taxpayers are usually the losers. So three cheers for a voter revolt in Wichita, Kansas last week that shows such sweetheart deals can be defeated.” So starts today’s Wall Street Journal Review & Outlook editorial (subscription required), taking notice of the special election last week in Wichita.

    The editorial page of the Wall Street Journal is one of the most prominent voices for free markets and limited government in America. Over and over Journal editors expose crony capitalism and corporate welfare schemes, and they waste few words in condemning these harmful practices.

    The three Republican members of the Wichita City Council who consider themselves fiscal conservatives but nonetheless voted for the corporate welfare that voters rejected — Pete Meitzner (district 2, east Wichita), James Clendenin (district 3, southeast and south Wichita), and Jeff Longwell (district 5, west and northwest Wichita) — need to consider this a wake up call. These members, it should be noted, routinely vote in concert with the Democrats and liberals on the council.

    For good measure, we should note that Sedgwick County Commission Republicans Dave Unruh and Jim Skelton routinely — but not always — vote for these crony capitalist measures.

    The Wichita business community, headed by the Wichita Metro Chamber of Commerce endorsed this measure, too.

    Hopefully this election will convince Wichita’s political and bureaucratic leaders that our economic development policies are not working. Combined with the startling findings by a Tax Foundation and KMPG study that finds Kansas lags near the bottom of the states in tax costs to business, the need for reform of our spending and taxing practices couldn’t be more evident. It is now up to our leaders to find within themselves the capability to change — or we all shall suffer.

  • Carl Brewer: State of the City for Wichita, 2012

    Last night Wichita Mayor Carl Brewer delivered his annual State of the City Address. The text of the address may be read at State of the City Address.

    In his speech, Brewer several times criticized those who act on “partisan agendas.” This is quite a remarkable statement for the mayor to make. Partisan usually refers to following a party line or platform. The mayor didn’t mention who he was criticizing, but it’s likely he was referring to myself and others like John Todd, Susan Estes, and Clinton Coen, as we appear regularly before the city council, usually in disagreement with the mayor and his policies.

    What’s remarkable is that the council, even though it has four Republican members, almost always votes uniformly with Democrat Brewer and the other two politically liberal members of the council. The only exception is Michael O’Donnell (district 4, south and southwest Wichita), who is often in a minority of one voting in opposition to the other six. The other Republican members — Pete Meitzner (district 2, east Wichita), James Clendenin (district 3, southeast and south Wichita), and Jeff Longwell (district 5, west and northwest Wichita) — routinely vote in concert with the Democrats and liberals on the council.

    Remarkable also are the many members of the business community who appeal to the council for subsidies, increased government intervention, and more central planning from city hall: many of these are Republicans. Conservative Republicans, many have personally told me.

    This describes a lack of partisanship. Most of the mayor’s critics, such as myself, are more accurately characterized not as acting along party lines, but as acting on their belief in economic freedom, free markets, and limited government.

    Economic development

    The mayor said that the city’s efforts in economic development had created “almost 1000 jobs.” While that sounds like a lot of jobs, that number deserves context.

    According to estimates from the Kansas Department of Labor, the civilian labor force in the City of Wichita for December 2011 was 192,876, with 178,156 people at work. This means that the 1,000 jobs created accounted for from 0.52 percent to 0.56 percent of our city’s workforce, depending on the denominator used. This miniscule number is dwarfed by the normal ebb and flow of other economic activity.

    The mayor did not mention the costs of creating these jobs. These costs have a negative economic impact on those who pay these costs. This means that economic activity — and jobs — are lost somewhere else in order to pay for the incentives.

    The mayor’s plan going forward, in his words, is “We will incentivize new jobs.” But under the mayor’s leadership, this “active investor” policy has produced a very small number of jobs, year after year. Doubling down on the present course is not likely to do much better.

    But there are those who disagree, despite all evidence to the contrary. Sedgwick County Commissioner Dave Unruh — a conservative Republican, for those keeping track of partisanship — recently called for a “deal-closing” fund of $100 million. A funding source of this magnitude would undoubtedly require a new tax. There are many who feel there should be a new sales tax devoted to economic development and downtown Wichita development. We should not be surprised to see such a proposal emerge, and not be surprised that civic and business institutions will support it.

    The mayor repeatedly said that the city has been “courageous.” In reality, Wichita does about the same as everyone else. But there is a way Wichita could distinguish itself among cities.

    Professor Art Hall of the Center for Applied Economics at the Kansas University School of Business has made a convincing case that Kansas needs to move away from the “active investor” approach to economic development. This is where government decides which companies will receive special treatment, be it in the form of tax abatements, tax credits, grants, tax increment financing, community improvement district special taxes, and other forms of subsidy. Being an “active investor” has been the approach of the City of Wichita, and according to the mayor’s vision, this plan is to be stepped up in the future.

    In his paper Embracing Dynamism: The Next Phase in Kansas Economic Development Policy, Hall quotes Alan Peters and Peter Fisher: “The most fundamental problem is that many public officials appear to believe that they can influence the course of their state and local economies through incentives and subsidies to a degree far beyond anything supported by even the most optimistic evidence. We need to begin by lowering expectations about their ability to micro-manage economic growth and making the case for a more sensible view of the role of government — providing foundations for growth through sound fiscal practices, quality public infrastructure, and good education systems — and then letting the economy take care of itself.”

    Later, Hall writes this regarding “benchmarking” — the bidding wars for large employers that Wichita and Kansas rely on for economic development: “Kansas can break out of the benchmarking race by developing a strategy built on embracing dynamism. Such a strategy, far from losing opportunity, can distinguish itself by building unique capabilities that create a different mix of value that can enhance the probability of long-term economic success through enhanced opportunity. Embracing dynamism can change how Kansas plays the game.”

    We need business and political leaders in Wichita and Kansas who can see beyond the simplistic imagery of a groundbreaking ceremony and can assess the effect of our failing economic development policies on the entire community. Unfortunately, we don’t have many of these — and Mayor Brewer leads in the opposite direction.

    Critical of misinformation campaigns

    In his speech, Brewer was critical of those who “spread misinformation.” He was not specific as to who he’s criticizing, and I wouldn’t expect him to name specific people in a speech like this.

    But when the mayor criticizes people for being uninformed or misinformed, he needs to look first at himself. He and city staff also need to engage their critics and be responsive to requests for information.

    As an example of misinformation, the mayor cited this evidence that city policies are working: “The proposed Ambassador Hotel with a 3-to-1 private to public investment ratio.”

    The city arrived at this ratio by employing a very narrow definition of public investment. When tax credits from the State of Kansas and federal government as well as other sources of public subsidy are accounted for, the ratio drops to less than two to one.

    It’s true that considering only the city’s artificially narrow definition of public funding, the ratio does reach three to one. But Wichitans also have to pay part of the costs of the tax credits and other subsidies.

    The city has also been less than honest in its promotion of the cost-benefit ratio for the Ambassador Hotel project. The city officially cites a cost-benefit study produced by Wichita State University Center for Economic Development and Business Research. Part of that study produced a cost-benefit ratio of 2.63 to one, and that’s what the city uses as justification for its participation in the project.

    But the full story of the costs and benefits of this project are contained in these numbers from the WSU analysis:

                                        ROI   Cost-benefit ratio
City Fiscal Impacts General Fund  163.2%        2.63
City Fiscal Impacts Debt Service  -17.2%        0.83
City Fiscal Impacts                -9.8%        0.90

    WSU evaluated the impact of the Ambassador Hotel on the City of Wichita’s finances in two areas: The impact on the city’s General Fund, and separately on the city’s Debt Service Fund. The two were combined to produce the total fiscal impact, which is the bottom line in this table.

    The City of Wichita cites only the positive impact to the General Fund figure. But the impact on the Debt Service fund is negative, and the impact in total is negative.

    It’s true that the ROI and cost-benefit ratio for the General Fund indicate a positive investment return. But the cost of the Ambassador Hotel subsidy program to the General Fund is $290,895, while the cost to the Debt Service Fund is $7,077,831 — a cost factor 23 times as large.

    Citizens ought to ask: Who is spreading misinformation?

    It is difficult to get a response from city hall regarding questions like these. So far city economic development director Allen Bell has not agreed to meet with representatives of Tax Fairness for All Wichitans, a group opposed to the subsidies for the Ambassador Hotel. (I am part of that group.) The city and its allied economic development groups will not send representatives to participate in a public forum on this matter.

    Simplistic answers

    The mayor criticized those who “provide simplistic answers to very complicated challenges.” He may be — we don’t really know — referring to those like myself who advocate for free market solutions to problems rather than reliance on government. Certainly the mayor believes that government must act — “courageously” he said — to confront our problems.

    A problem with the mayor’s plan for increased economic interventionism by government is the very nature of knowledge. In a recent issue of Cato Policy Report, Arnold King wrote:

    As Hayek pointed out, knowledge that is important in the economy is dispersed. Consumers understand their own wants and business managers understand their technological opportunities and constraints to a greater degree than they can articulate and to a far greater degree than experts can understand and absorb.

    When knowledge is dispersed but power is concentrated, I call this the knowledge-power discrepancy. Such discrepancies can arise in large firms, where CEOs can fail to appreciate the significance of what is known by some of their subordinates. … With government experts, the knowledge-power discrepancy is particularly acute.

    Relying on free market solutions for economic growth and prosperity means trusting in the concept of spontaneous order. That takes courage. It requires faith in the values of human freedom and ingenuity rather than government control. It requires that government officials let go rather than grabbing tighter the reins of power.

    Mayor Brewer, five of six city council members, and the city hall bureaucracy do not believe in these values. Wichita’s mayor is openly dismissive of economic freedom, free markets, and limited government, calling these principles of freedom and liberty “simplistic.” Instead, his government prefers crony capitalism and corporate welfare. This is the troubling message that emerges from Brewer’s State of the City address.

  • Wichita TIF: Taxpayer-funded benefits to political players

    It is now confirmed: In Wichita, tax increment financing (TIF) leads to taxpayer-funded waste that benefits those with political connections at city hall.

    The latest evidence we have is the construction of a downtown parking garage that benefits Douglas Place, especially the Ambassador Hotel, a renovation of a historic building now underway.

    The flow of tax dollars Wichita city leaders had planned for Douglas Place called for taxpayer funds to be routed to a politically-connected construction firm. And unlike the real world, where developers have an incentive to build economically, the city created incentives for Douglas Place developers to spend lavishly in a parking garage, at no cost to themselves. In fact, the wasteful spending would result in profit for them.

    The original plan for Douglas Place as specified in a letter of intent that the city council voted to support, called for a parking garage and urban park to cost $6,800,000. Details provided at the August 9th meeting of the Wichita City Council gave the cost for the garage alone as $6,000,000. The garage would be paid for by capital improvement program (CIP) funds and tax increment financing (TIF). The CIP is Wichita’s long-term plan for building public infrastructure. TIF is different, as we’ll see in a moment.

    At the August 9th meeting it was also revealed that Key Construction of Wichita would be the contractor for the garage. The city’s plan was that Key would not have to bid for the contract, even though the garage is being paid for with taxpayer funds. Council Member Michael O’Donnell (district 4, south and southwest Wichita) expressed concern about the no-bid contract. As a result, the contract was put out for competitive bid.

    Now a winning bid has been determined, according to sources in city hall, and the amount is nearly $1.3 million less than the council was willing to spend on the garage. This is money that otherwise would have gone into the pockets of Key Construction. Because of the way the garage is being paid for, that money would not have been a cost to Douglas Place’s developers. Instead, it would have been a giant ripoff of Wichita taxpayers. This scheme was approved by Mayor Carl Brewer and all city council members except O’Donnell.

    Even worse, the Douglas Place developers have no incentive to economize on the cost of the garage. In fact, they have incentives to make it cost even more.

    Two paths for developer taxes

    Recall that the garage is being paid for through two means. One is CIP, which is a cost to Wichita taxpayers. It doesn’t cost the Douglas Place developers anything except for their small quotal share of Wichita’s overall tax burden. In exchange for that, they get part of a parking garage paid for.

    But the tax increment financing, or TIF, is different. Under TIF, the increased property taxes that Douglas Place will pay as the project is completed won’t go to fund the general operations of government. Instead, these taxes will go to pay back bonds that the city will issue to pay for part of the garage — a garage that benefits Douglas Place, and one that would not be built but for the Douglas Place plans.

    Under TIF, the more the parking garage costs, the more Douglas Place property taxes are funneled back to it — taxes, remember, it has to pay anyway. (Since Douglas Place won’t own the garage, it doesn’t have to pay taxes on the value of the garage, so it’s not concerned about the taxable value of the garage increasing its tax bill.)

    Most people and businesses have their property taxes go towards paying for public services like police protection, firemen, and schools. But TIF allows these property taxes to be used for a developer’s exclusive benefit. That leads to distortions.

    Why would Douglas Place be interested in an expensive parking garage? Here are two reasons:

    First, the more the garage costs, the more the hotel benefits from a fancier and nicer garage for its guests to park in. Remember, since the garage is paid for by property taxes on the hotel — taxes Douglas Place must pay in any case — there’s an incentive for the hotel to see these taxes used for its own benefit rather than used to pay for firemen, police officers, and schools.

    Second, consider Key Construction, the planned builder of the garage under a no-bid contract. The more expensive the garage, the higher the profit for Key.

    Now add in the fact that one of the partners in the Douglas Place project is a business entity known as Summit Holdings LLC, which is composed of David Wells, Kenneth Wells, Richard McCafferty, John Walker Jr., and Larry Gourley. All of these people are either owners of Key Construction or its executives. The more the garage costs, the higher the profit for these people. Remember, they’re not paying for the garage. City taxpayers are.

    The sum of all this is a mechanism to funnel taxpayer funds, via tax increment financing, to Key Construction. The more the garage costs, the better for Douglas Place and Key Construction — and the worse for Wichita taxpayers.

    Fueled by campaign contributions?

    It’s no wonder Key Construction principals contributed $16,500 to Wichita Mayor Carl Brewer and five city council members during their most recent campaigns. Council Member Jeff Longwell (district 5, west and northwest Wichita) alone received $4,000 of that sum, and he also accepted another $2,000 from managing member David Burk and his wife.

    This scheme — of which few people must be aware as it has not been reported anywhere but here — is a reason why Wichita and Kansas need pay-to-play laws. These laws impose restrictions on the activities of elected officials and the awarding of contracts.

    An example is a charter provision of the city of Santa Ana, in Orange County, California, which states: “A councilmember shall not participate in, nor use his or her official position to influence, a decision of the City Council if it is reasonably foreseeable that the decision will have a material financial effect, apart from its effect on the public generally or a significant portion thereof, on a recent major campaign contributor.”

    This project also shows why complicated financing schemes like tax increment financing need to be eliminated. Government intervention schemes like this turn the usual economic incentives upside down, and at taxpayer expense.

  • Wichita City Council sets hotel tax election date

    In response to a successful petition effort aimed at overturning a Wichita charter ordinance, the Wichita City Council last week considered an agenda item that gave the council two choices: Rescind the ordinance, or set a date for an election. The charter ordinance concerns rebating a portion of the Ambassador Hotel’s guest tax collections back to the hotel for its own use.

    The most important issue to the council seemed to be holding the election on a date convenient to the hotel developers. The recommendation from Sedgwick County Election Commissioner Tabitha Lehman was that the election, if the council decides to hold it, should be on February 28, 2012.

    During discussion, Council Member Pete Meitzner (district 2, east Wichita) wanted to move the election to an earlier date so as to “avoid community discourse and debate.”

    Council Member Janet Miller (district 6, north central Wichita) asked a series of questions designed to produced a response that if the election were held earlier, and if that would make it more expensive, would the developer have to pay these extra costs? (The agreement with the city states hotel developers are responsible for the cost of the election, which has been estimated at $50,000.)

    She also expressed concern over “dragging this out,” and said she wants to “get it over with as soon as we can so that we can move on.” She assumed that the developer would like to have the issue resolved as soon as possible.

    Vice Mayor Lavonta Williams (district 1, northeast Wichita) asked the hotel developers if they would agree to pay extra to hold the election sooner. David Burk appeared on behalf of the hotel development team, and said he would like to see the election held as soon as possible, and would pay additional for that. He said it is “hard on our community,” and that “each day that goes by we’re casting a bad sign on future development in downtown, and in Wichita in general.”

    Council Member Jeff Longwell (district 5, west and northwest Wichita) framed the issue as the election commissioner needing more time “beyond what is required by law.” He suggested that the item be delayed until later in the meeting and that the election commissioner be summoned to appear before the council. A motion was made to that effect, and it passed.

    When the election item was continued later in the meeting, Longwell engaged Commissioner Lehman in a series of questions attempting to manage the election calender for her. Lehman explained the various reasons as to why February 28 is a reasonable date for the election. The Kansas Secretary of State’s office has agreed with this assessment, she added.

    In his remarks, Mayor Carl Brewer said: “This is an issue that really — there’s a lot of things that are going on in the dynamics of this entire thing. And when we have a special election, I believe that this council and the community deserve the right to be able to have it — have an election as quickly as possible. By doing that, it eliminates a lot of turmoil inside the community, unrest. But trying to be fair and giving individuals a fair — coming and going — with a fair process, so that every citizen can be heard. And so the sooner you can actually do it, the better off that we are.”

    The mayor made a motion to set the election date as February 28, and it passed with all members except Williams voting in favor.

    Discussion

    This episode provided another example reinforcing the realization that Wichita has a city council — with the exception of one member, Michael O’Donnell (district 4, south and southwest Wichita) — that is entirely captured by special interests. In this case the special interests are a hotel development team consisting of partners who have made significant campaign contributions to many members of the Wichita city council.

    An example: While city attorney Gary Rebenstorf explained to the council that one option was to rescind the ordinance, there was no discussion of that among council members.

    Another example was the measures the council went through to try and get an early election date, something that many observers feel favors the hotel developers. In particular, it was disconcerting to see Longwell attempt to micromanage the Sedgwick County Election Commissioner. He has no business doing that, especially when his motive is so transparent.

    And why would the council be so eager to please the hotel developers and their desired election date? Don’t the desires and concerns of the other side have any relevance? To this council, the answer is no.

    Perhaps the worst impression to come out of this meeting is that many Wichita city council members simply don’t care much for what citizens think. It’s hard to pick the most telling example, but Meitzner’s concern that we need to “avoid community discourse and debate” ranks right at the top. To Meitzner, it seems that things like discussing and debating issues are harmful, if they would get in the way of satisfying his campaign contributors, or his vision for molding the future of Wichita from the top down.

    The rest of the council members, with the exception of O’Donnell, deserve scorn as well.

    Then there are the mayor’s remarks. He spoke of giving individuals a “fair process” so that they may be heard, but also that the election needs to be held quickly. These two goals contradict each other.

    Mayor Brewer also repeated his practice of making vague criticisms of his opponents without being specific, this time referring to “lot of things that are going on in the dynamics of this entire thing.” Brewer — perhaps in an effort to maintain a sense of decorum or apparent integrity — usually does not mention the names of those he criticizes or specifics of the issues involved. This allows him to appear noble, but without being accountable to actual people — and on the specifics of actual issues — for the things he says.