Voice For Liberty

Tag: John Allison

  • Kansas and Wichita quick takes: Monday May 23, 2011

    Wichita City council. As it is the fourth Tuesday of the month, the Wichita City Council handles only consent agenda items. The council will also hold a workshop. Consent agendas are usually reserved for items thought to be of non-controversial nature. Today’s Wichita Eagle spotlights one item where the city is proposing to hire an outside firm to inspect the roof of the airport for damage from last September’s storm. Some, including Council Member Michael O’Donnell (district 4, south and southwest Wichita) wonder why the city can’t do the inspection with it’s own engineering staff and resources. … Of further note is that the city proposes to use general obligation bonds to borrow the funds to pay for this inspection. This is similar to last December, when the city decided to also use bonds to borrow money to pay for an analysis of nine aging fire stations and what repairs and upgrades they might require. While borrowing to pay for long-term capital projects is fine, this is borrowing for thinking about long-term projects. … The workshop will cover Century II parking meters, something involving the North Industrial Corridor, and a presentation on next year’s budget. The detailed agenda packet is at Wichita City Council May 24, 2011. No similar information is available for the workshop topics. … Next week is the fifth Tuesday of a month and the day after a holiday, so there’s two reasons to explain why there won’t be a city council meeting next week.

    Sedgwick County Commission. In its Wednesday meeting, the Sedgwick County Commission will consider approval of the county’s portion of the Hawker Beechcraft deal. In order to persuade Hawker to stay in Kansas rather than move to Louisiana, the State of Kansas offered $40 million in various form of incentive and subsidy, and it was proposed at the time that the City of Wichita and Sedgwick County each add $2.5 million. Last week the Wichita City Council approved its share, which can only be described as corporate welfare. It was widely reported that Hawker had received an offer, said by some to be worth as much as $400 million, to move to Louisiana. But that offer was not a valid threat of Hawker leaving Kansas, as in a December 2010 television news report, Louisiana’s governor said “they couldn’t guarantee the number of jobs that would have been required for them to come here.” … The meeting agenda is at Sedgwick County Commission, May 25, 2011.

    Kobach on voter reform in Wall Street Journal. Today’s Wall Street Journal opinion section carries a piece by Kris W. Kobach, who is Kansas Secretary of State. The title is The Case for Voter ID: You can’t cash a check, board a plane, or even buy full-strength Sudafed over the counter without ID. Why should voting be different? In it, Kobach writes Kansas is the only state with all of these elements of voter ID reform: “(1) a requirement that voters present photo IDs when they vote in person; (2) a requirement that absentee voters present a full driver’s license number and have their signatures verified; and (3) a proof of citizenship requirement for all newly registered voters.” In support of the need for these reforms, Kobach provides evidence of the prevalence of election fraud. He also cites evidence that there is already widespread possession of the documents necessary to vote: “According to the 2010 census, there are 2,126,179 Kansans of voting age. According to the Kansas Department of Motor Vehicles, 2,156,446 Kansans already have a driver’s license or a non-driver ID. In other words, there are more photo IDs in circulation than there are eligible voters. The notion that there are hundreds of thousands of voters in Kansas (or any other state) without photo IDs is a myth.” … Some critics of these reforms fear that they will suppress voter turnout, and primarily that of Democratic Party voters. Kobach counters: “If election security laws really were part of a Republican scheme to suppress Democratic votes, one would expect Democrats to fight such laws, tooth and nail. That didn’t happen in Kansas, where two-thirds of the Democrats in the House and three-fourths of the Democrats in the Senate voted in favor of the Secure and Fair Elections Act. They did so because they realize that fair elections protect every voter and every party equally. No candidate, Republican or Democrat, wants to emerge from an election with voters suspecting that he didn’t really win. Election security measures like the one in my state give confidence to voters and candidates alike that the system is fair.” … The bill is HB 2067, and is the easiest way to understand it is by reading the supplemental note.

    Tiahrt, former Congressman, to address Pachyderms. This week the Wichita Pachyderm Club features Todd Tiahrt, Former Congressman for the fourth district of Kansas, speaking on the topic “Outsourcing Our National Security — How the Pentagon is Working Against Us.” I suspect the prolonged decision process of selecting where the build the Air Force refueling tanker will be a topic. After the Pentagon awarded to contract to AirBus in 2008, which Boeing protested, the Wall Street Journal wrote: “The Pentagon’s job is to defend the country, which means letting contracts that best serve American soldiers and taxpayers, not certain companies. Defense Department rules explicitly state that jobs cannot be a factor in procurement and that companies from certain countries, including France, must be treated as if they are U.S. firms in contract bids. Such competition ensures that taxpayers get the best value for their money and soldiers get the best technology.” More on this decision is here. The public is welcome and encouraged to attend Wichita Pachyderm meetings. For more information click on Wichita Pachyderm Club.

    Wichita speaker lineup set. The schedule of speakers for the Wichita Pachyderm Club for the next several weeks is set, and as usual, it looks to be an interesting set of programs. The public is welcome and encouraged to attend Wichita Pachyderm meetings. For more information click on Wichita Pachyderm Club. Upcoming speakers are: On June 3, Nola Tedesco Foulston, District Attorney, Eighteenth Judicial District of Kansas, speaking on “An office overview and current events at the Eighteenth Judicial District of Kansas District Attorney’s office.” On June 10, John Allison, Superintendent of USD 259, the Wichita public school district, on “An update from USD 259.” On June 17, The Honorable Lawton R. Nuss, Kansas Supreme Court Chief Justice on “The State of the Kansas Courts.” On June 24, Jim Mason, Naturalist at the Great Plains Nature Center will have a presentation and book signing. Mason is author of Wichita’s Riverside Parks, published in April 2011. On July 1, Jay M. Price, Director of the Public History Program at Wichita State University, speaking on “Classes of Values in Kansas History.” On July 8, Dave Trabert, President, Kansas Policy Institute, on “Stabilizing the Kansas Budget.”

    Blue Ribbon Commission coming to Wichita. “Local residents will have an opportunity to voice concerns and offer suggestions on how to improve the state’s court systems during two public meetings next week in Wichita. A panel from the Blue Ribbon Commission (BRC), which was appointed by the Kansas Supreme Court to review the state’s court systems, will listen to public comments during the meetings at 3:00 pm and 7:00 pm, Thursday, May 26, 2011 at Century II, in Room 101, in Wichita. The BRC will examine ways to assure proper access to justice, the number of court locations, services provided in each location, hours of operation, the use of technology, possible cost reductions, and flexibility in the use of court personnel and other resources, and any other topic that may lead to the more efficient operation of our courts.” For more information, see the Blue Ribbon Commission Website.

    School choice cast as civil rights issue. Star Parker, after citing the case of a homeless mother who falsified an address so her child could get into a good school: “Public school reality today for black kids is one that overwhelmingly keeps them incarcerated in failing, dangerous schools. It’s evidence of the indomitable human spirit that, despite horrible circumstances, many poor unmarried black mothers understand the importance of getting their child educated and will do whatever it takes to get their kid into a decent school. … But let’s not forget the bigger picture that the NAACP has consistently opposed school choice and voucher initiatives and has been a stalwart defender of the public school system that traps these kids and prohibits the freedom and flexibility that these mothers seek. … Generally, black establishment politicians and organizations such as the NAACP have defended government public schools and education status quo and sadly have hurt their own communities. Nothing contributes more to the growing income gaps in the country than disparities in education, and the impact continues to grow.” … A common choice of allowing widespread school choice is that poor and uneducated parents aren’t capable of making wise selections of schools for their children.

    Medicare reform necessary. Wall Street Journal in Republicans and Mediscare: Paul Ryan’s GOP critics are ObamaCare’s best friends: “With ObamaCare, Democrats offered their vision for Medicare cost control: A 15-member unelected board with vast powers to set prices for doctors, hospitals and other providers, and to regulate how they should be organized and what government will pay for. The liberal conceit is that their technocratic wizardry will make health care more rational, but this is faith-based government. The liberal fallback is political rationing of care, which is why Mr. Obama made it so difficult for Congress to change that 15-member board’s decisions. Republicans have staunchly opposed this agenda, but until Mr. Ryan’s budget they hadn’t answered the White House with a competing idea. Mr. Ryan’s proposal is the most important free-market reform in years because it expands the policy options for rethinking the entitlement state.” The unelected board referred to is the Independent Payment Advisory Board. With its mission to reduce spending, some have aid this board is the feared “death panel.”

    Science, public agencies, and politics. Cato Institute Senior Fellow Patrick J. Michaels explains the reality of cap-and-trade proposals in this ten minute video. If the Waxman-Markey bill was implemented, world temperature would be reduced by 0.04 degrees. That compares to a forecast increase of 1.584 degrees. If implemented worldwide by the Kyoto nations, the reduction would be 0.08 degrees worldwide. … Michaels says the growth in emissions by China eclipses anything we in America can do. … Michaels echos Dwight Esienhower’s warning that “we must also be alert to the equal and opposite danger that public policy could itself become the captive of a scientific-technological elite. The prospect of domination of the nation’s scholars by Federal employment, project allocations and the power of money is ever present — and is gravely to be regarded.” He goes on to explain some of the dangers of “public choice science.”

  • Wichita school chief makes plea to Wichita-area legislators

    This afternoon, Wichita school superintendent John Allison appeared before the South-central Kansas legislative delegation, explaining Kansas school finance as it applies to the Wichita school district, and offering justification for deciding to join the lawsuit demanding the state spend more on schools.

    Referring to base state aid per pupil, which has been cut several times in the past year for a total of 9.5 percent (depending on who’s doing the arithmetic), Allison said that base aid is the funding with which the district funds regular education, and the represents funds with which the district has the greatest latitude. Other funds are restricted, and have fewer options.

    He said that unlike many businesses, the school district hasn’t lost customers during the recession, and in fact, enrollment is high now. At the same time, production standards increase each year (due to the No Child Left Behind law), and doesn’t vary because of budgetary reasons.

    Allison cited the rapid growth in math and reading scores on the Kansas assessment tests, and rising graduation rates. He said that efforts are paying dividends in achievement.

    An important measure to the Wichita district, he said, is the weighting for special populations. These weightings provide additional funding over base state aid. Weighting factors include non-English speaking students, and students coming from poor families. Allison said that the wealthier districts in the eastern part of Kansas may contest these weightings, but he said there is a “marked difference” in educating in an urban situation versus a suburban situation, and this funding is important.

    Allison said that making further progress “comes down to dollars.”

    He said the district is pursuing efficiency measures in purchasing, including cooperation with other school districts. Storage of large quantities is sometimes a problem.

    He asked that the legislature allow school districts to use a “request for proposal” procedure, instead of the current practice, where schools have to “craft a solution” before asking for bids. The selection of a vendor to install turf on Wichita school football fields last spring was an example where the RFP process was used, but found to be unlawful.

    On the issue of fund balances, Allison said that almost all are restricted funds, mentioning the contingency fund as one that could be used, but the fund’s balance would not even meet district payroll for one month. The Kansas Policy Institute has produced research demonstrating that Kansas schools have $700 million in funds that could be used to make it through a tight fiscal situation, with Kansas Deputy Commissioner of Education Dale Dennis agreeing.

    Regarding the board’s decision on Monday to join the attempt to reopen the Montoy case (the Kansas school funding lawsuit) in an effort to force the state to increase funding, Allison claimed the decision was not made easily. He said it is not a “sudden, magic solution” to the finance issue, and that legislators have to balance funding needs of the state, while keeping Kansas as a viable state for business growth. He mentioned examples of various units of government suing other government.

    Representative Steve Huebert, a Republican from Valley Center asked questions about the wisdom of a lawsuit at this time. He said that school funding will be restored after getting people back to work and restoring our economy. Huebert asked about schools’ emphasis on cuts made to base funding from the state, which is about one-third of total school spending in the case of the Wichita district. Additionally, for the Wichita school system, with its large number of special needs students and students eligible for free and reduced weightings, about two-thirds of the total budget comes from these weightings to the base state aid, and many of these weights do not have restrictions. Talking about only the base funding, Huebert said, is very misleading.

    Allison said he did not disagree, but when cuts have been made, they’ve been made to the base funding. Each time the district takes a reduction, fewer discretionary funds are available.

    Allison said that there are some special education students said that cost “hundreds of thousands per year to provide what’s being required.”

    Senator Susan Wagle, a Republican from east Wichita said that in order to fund Montoy it would require a very large tax increase, and asked if Allison was asking for a tax increase at a time when Kansas families and other Kansas state agencies have experienced larger cuts than schools have faced. Allison said that the question is not advocating a tax increase as much as asking what are the current revenue streams, and are “exemptions and other areas where they need to be in order to meet some of the other obligations of the state.”

    Wagle said we need a “reasonable discussion about how you squeeze blood out of a turnip.” Schools are asking way too much, she said, and animosity is developing because of the decision to sue. Most people when they want funding come to the legislature, and legislators make balanced decisions and fund what they can. We cannot fund Montoy “without an extravagant tax increase,” she said.

    Allison responded that the decision to sue has been made by a large number of elected officials, and “time will tell regarding animosity.” He said he hopes, from a superintendent’s perspective, that we find a way to bridge not only the current situation, but also to look at the long term.

    Coverage from the Wichita Eagle’s Dion Lefler is at Legislators, Wichita superintendent clash over school funding.

  • Kansas open records examined

    Here’s another outstanding investigative report by Paul Soutar of the Flint Hills Center for Public Policy. I have experienced some of the same obstacles that Soutar has encountered. Last year Wichita school district board member Lynn Rogers told me that record requests are a burden. Interim superintendent Martin Libhart’s attitude was similarly hostile towards legitimate citizen requests for records. Indications are that new board president Barb Fuller and new superintendent John Allison have a better attitude towards records requests, and I hope that time proves this to be the case.

    The spirit is willing but the law is weak

    Paul Soutar, Flint Hills Center for Public Policy

    Government transparency in Kansas is determined largely by open records and open meetings laws which state lofty goals but offer many loopholes and exemptions and few penalties for violations of the laws.

    The Kansas Open Records Act (KORA) starts off well. “It is declared to be the public policy of the state that public records shall be open for inspection by any person unless otherwise provided by this act, and this act shall be liberally construed and applied to promote such policy.”

    Similarly the Kansas Open Meetings Act (KOMA) begins, “In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the policy of this state that meetings for the conduct of governmental affairs and the transaction of governmental business be open to the public.”

    The legislation that follows these broad and lofty goals, however, is full of exemptions and loopholes that circumvent the stated intent. Ignorance of the law and poor compliance by various government bodies also limit its effectiveness according to government transparency advocates.

    A 2008 Better Government Association (BGA) report ranked Kansas’ open records law 18th in the nation. A 2007 study by BGA and the National Freedom of Information Coalition gave Kansas an F and ranked the state 25th out of 50. A 2002 study by BGA and Investigative Reporters and Editors gave Kansas a D.

    Citizens who believe KORA or KOMA law has been violated can file a complaint with the local county attorney, district court or the state’s attorney general. Michael Smith, a Kansas assistant attorney general responsible for issues relating to KORA and KOMA, says complaints about KORA and KOMA compliance are handled locally out of practicality. He says with more than 4,000 government units in Kansas his office would be stretched way too thin.

    Smith stressed the importance of government transparency and awareness of the law during KORA/KOMA training held in Dodge, Olathe, Topeka and Wichita in June. A total of 332 people attended the training. According to registration data received from Smith’s office, 255 were affiliated with government, 46 were with the media and only 14 said they were unaffiliated citizens; another 17 did not list any affiliation.

    From January 2007 to June 2008 there were 62 complaints filed at the county level according to reports submitted to the state attorney general’s office. The attorney general’s office received 78 complaints during that time, including some referred from the county.

    In most cases no violation was found. Some violations were resolved by delivery of the requested material. In a few cases the offending government employee or elected official was required to attend KORA or KOMA training. None of the violations covered by documents obtained from the attorney general’s office resulted in the $500 fine that is permitted by state law.

    There are some common issues leading to problems with KORA. Chief among them is ignorance of the law.

    The law allows an agency to require a written request but not on a specific form and only as a way to ensure good communication. The requester can only be required to provide their name and a description of the information being requested and provide proof of identification. It is not permitted to ask for the person’s employer or a reason for the request. Governments can require written certification that the requester will not use names and addresses obtained to solicit sales or services but only when someone is requesting names or addresses.

    Many times government employees or elected officials are unfamiliar with the law and their first reaction is to look for reasons to deny access or information. It can be complicated because there are 48 exemptions to KORA in the statute and more than 300 elsewhere in other Kansas laws according to Smith. Most exemptions deal with personal privacy issues and release of some personal information can result in a lawsuit against the government.

    During KORA/KOMA training Smith said record custodians must be familiar with records and know which portions of a record cannot be released. “If you’re a record custodian you better know if any of those records are closed.”

    Another common complaint is excessive charges for providing information. KORA allows agencies to charge requesters only for the actual cost of making copies, including staff time to gather, redact and copy the records.

    Smith says the only place the law addresses fee disputes is with state agencies. In those cases the department of administration has final and binding say. There’s nothing like that for local government, so disputes over fees at the local level must go to the local county or district attorney.

    Taxpayer Frustrations

    Paul Driver, CEO of ATG Sports in Andover, filed an open records request with the Wichita School District seeking information regarding an April 2009 synthetic turf contract awarded to a Texas company for $371,000 more than ATG’s bid. According to Driver the district said it would cost him $800 to fulfill his request. Driver offered to bring his own copier to cut costs. “At that point, the school district said we would need to bring our own power source to make the copies.” Eventually a deal was reached for Kansas Blue Print to make the copies for $350.

    The Flint Hills Center for Public Policy requested a copy of a budget report presented to the Wichita Board of Education for their fiscal year ended June 30, 2009. Flint Hills was informed that there would be a $50 charge for 2.5 hours of staff time to make an electronic copy of the report and that the money would have to be paid before work commenced.

    Upon delivery of the check, the report was burned to a CD in less than 15 minutes. Allowing $5 for the cost of the CD the employee’s time was effectively charged at $180 per hour. When asked to explain what work was actually done to warrant the charges the employee said he would not answer without a written request for review, which Flint Hills has filed.

    Material provided to Wichita Board of Education members at their public meetings is available on the district’s web site a few days preceding the meeting and is taken down the day of the meeting. Former board president Lynn Rogers said the short availability may be because of space considerations on district Internet servers. The district web site does contain marketing newsletters from 2006.

    When asked about the incidents involving Flint Hills and ATG Sports, Wichita School Superintendent John Allison said after less than one month in the job he was unfamiliar with the specific incidents or the district’s policy and how procedure is determined. “My intent would be to meet the requirements of the open records law and do that on a timely and equitable manner for everybody that requests.”

    Kansas State Board of Education member Walt Chappell used KORA to try to extract information from the Kansas State Department of Education about claimed achievement test improvement as a justification for more taxpayer money. Chappell also asked for information to explain a large discrepancy between state and national student achievement test scores.

    Chappell made the request to Kansas Commissioner of Education Dr. Alexa Posny in a letter dated June 9. He asked for, “any KSDE research report or independent contractor research report provided to the KSDE which supports your claims.”

    Chappell says responses to his request from KSDE and its lawyers did not provide what he was looking for and believes their response may indicate that no such report exists. KORA does stipulate that only existing documents are covered and agencies are not required to generate reports, explain or answer questions.

    It’s also noteworthy that an elected member of the state’s school board had to resort to an open records request to get answers from KSDE, part of the education system he was elected to help oversee.

    Sedgwick County Commissioner Gwen Welshimer says government should be open and everything possible made accessible at little cost to the public. But she’s concerned that the law doesn’t apply equally to all levels of government. “I think local government elected officers and appointees are treated in a different manner from some state officials.”

    Of particular concern is recent legislation prohibiting serial meetings. A serial meeting covers “… a series of interactive communications of less than a majority of a governing body that collectively involve a majority of the body and share a common topic concerning affairs of the body and are intended to reach an agreement.” Meetings in person, over the Internet, phone or via e-mail are included.

    Welshimer said some open meetings requirements, such as a prohibition on serial meetings, have a disproportionate effect on local government and has the opposite effect of what the law was intended to do. “Tight regulations on county commissioners make it extremely difficult to carry out policy and reach decisions.” She says most of that work is done behind closed doors by county managers who work up an issue and create the agenda before giving commission members a short briefing preceding the vote.

    “We can’t talk to each other so we can’t discuss anything. So I don’t know what the reasoning is for my colleague to vote one way or another,” Welshimer said in a recent phone interview. “Sometimes that’s a totally new subject and we haven’t been able to talk to each other to see what each other knows about it.”

    When asked about opportunities to ask questions in open meetings Welshimer said commissioners, like most elected officials, are reluctant to appear uninformed in public.

    State legislators can order research from the Legislative Research Department. That research is not open to the public unless released by the legislator.

    Welshimer, a former state representative, wants to know why state legislators aren’t held to the same standards as local elected officials. “The legislature has serial meetings constantly. They go along and count votes.” She says this allows legislators to research a topic, write a proposal, gather sufficient support for passage and spring it on the legislature. She says city and county managers have similar opportunities. “Every group in town can talk with the county or city manager about some item and then the manager can spring it on the commission. So where in this process do we have openness?”

    Welshimer says anything the legislature does should apply to them and believes the state’s open meeting law should be rewritten.

  • Challenges for Wichita’s new school superintendent

    Recently John Allison, new superintendent for USD 259, the Wichita public school district, was interviewed by the Wichita Eagle. The article reporting on the interview is at Great time to be superintendent.

    In the interview, Allison mentioned “painful” budget cuts. The cuts that K through 12 education is facing in Kansas, however, are minor compared to what many other state agencies are facing.

    We should also remember that many school districts have plenty of money, so much so that, as I’ve reported, spending advocates will challenge anyone who mentions just how much there is to spend.

    Allison mentioned teaming with other school districts to gain economies in sharing services and purchasing. While the district should do this if it will save money, small reforms like these are merely nipping at the margin. What the district needs to do is look at big reforms that can save large amounts and improve educational outcomes.

    One such reform is widespread school choice, implemented as charter schools and voucher/tax credit programs. School choice programs save money. Two years ago, The Friedman Foundation for Educational Choice released the study School Choice by the Numbers: The Fiscal Effect of School Choice Programs, 1990-2006. According to the executive summary: “Every existing school choice program is at least fiscally neutral, and most produce a substantial savings.”

    Some school choice programs would require a change in Kansas state law. I’m sure if the new Wichita Superintendent testified in favor of them, it would have a big impact.

    Charter schools, however, require no new laws. All it requires is the willingness of the local school board to authorize one. Allison could take the lead on this.

    Allison mentioned mandates which require “more resources and often more paperwork and administrative costs.” Some of these mandates, such as the federal No Child Left Behind law, are roundly criticized as ineffective. This is a problem that a local superintendent probably can’t overcome.

    As a nation we need to examine these mandates along with their costs that Allison mentioned. Are they necessary? Do they add value? This examination is not likely to happen, as the public schools — at least in Wichita — operate with little real competition, and therefore face little pressure to control costs and allocate resources to what people really want.

    The new superintendent also needs to take steps to assure citizens that the many years of rising test scores claimed by the district (and the state of Kansas, too) are valid and meaningful. In some states it’s been shown that the tests are being watered-down or cut scores manipulated to show the results that politicians want.

    John Allison is taking over the Wichita school system at a dangerous time. The primary danger is that improvements like the expensive bond issue passed last year send the school district down a path that, while producing lots of shiny buildings, will do little to improve educational outcomes. It also sets up Wichita for much higher costs in the future as new facilities and classrooms come online.

    Whether Allison will be able to — or if he even wants to — buck the traditional educationist orthodoxy is unknown at this time. But here’s a clue: Would the present Wichita school board have hired a reform-minded superintendent? Not likely.