Tag Archives: Karl Peterjohn

Sedgwick County Commissioner Karl Peterjohn

WichitaLiberty.TV: Kelly Parks and property rights

In this episode of WichitaLiberty.TV: Kelly Parks joins Karl Peterjohn to discuss county and zoning issues. Parks is a former member of the Sedgwick County Commission and is a member of Kansans Advocating Responsible Zoning (KARZ). View below, or click here to view at YouTube. Episode 201, broadcast July 14, 2018.

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KARZ meets the third Wednesday of each month at Spangle’s, Broadway and Kellogg in downtown Wichita. Meetings start at 6:30 pm for dinner with the actual meeting starting at 7:00 pm.

To learn more about KARZ, call Kelly Parks at 316-755-2757, or by mail:
KARZ
c/o John Dailey
P.O. Box 381
Valley Center, KS 67147

For Hugh Nicks, a return to the backroom deal?

Remarks from a candidate for Sedgwick County Commission call for presenting a unified front to the public.

Speaking to the Wichita Pachyderm Club, Sedgwick County Commission candidate Hugh Nicks called for leadership to end what he called “divisive behavior:” “We can’t have — we can’t have the kind of divisive behavior that we have going on right now — we just — it’s just not — it’s just not acceptable.”

His opponent in the August Republican Party primary election is Richard Ranzau, who currently holds the office.

The “divisive behavior” that Nicks objects to takes several forms, but it’s clear he thinks that the Sedgwick County Commission should present a united front: The commission should have a plan that’s agreed to, and if commissioners don’t follow the plan, there should be consequences. At least that’s the moral of a story he told members of guests of the Wichita Pachyderm Club.

That attitude is problematic. Especially so because the Sedgwick County Commission is different from a legislature. At the commission, there is no opportunity for interested parties — lobbyists and regular people — to testify before a committee as legislation is being developed. At the commission, there is no committee mark-up process in which the text of a bill is crafted and finalized. There is no committee vote that decides whether to recommend the bill to the entire legislative body.

So there really isn’t much debate or disagreement in public at the Sedgwick County Commission meetings. And when there is, it may be squelched. Last year a commissioner attempted to offer two amendments to a proposal. He was trying to generate a consensus. But the majority of commissioners wouldn’t have it, and the vote happened without considering the amendments. (See For Sedgwick County Commission, too much debate.)

It’s important that there be discussion in public, even if “divisive.” The prelude to the Kansas Open Meetings Act gives a reason why: “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.” 1

When things are not done in view of the public, we call them backroom deals, with all the well-deserved negative connotations. Here’s an example, from 2012: Sedgwick County staff and several commissioners worked out a deal to sell an unused radio tower for $280,000. Commissioners Ranzau and Peterjohn thought there should be an auction. There was an auction, and the county received net proceeds of $553,872. 2

There is already too much suspicion that backroom deals are common at the county and City of Wichita. The more important and “divisive” a matter is, the more discussion it deserves in public.

But that isn’t the attitude of candidate Nicks when he said, “It’d be like a business: I mean, if in our business when we had closed door meetings when, when we argue about how we move forward, in our, in our business, we didn’t go out in front of our employees afterwards and act the same way that we did back behind closed doors. It just doesn’t work. And if we went and acted that way in front of our customers, if we did, we wouldn’t have any customers.”

Business and government are different things. A business is accountable only to its owners and shareholders, and also to the public by acting lawfully. Other than this, a business can do what it wants. It may make decisions using any means its owners tolerate. 3

Government, however, is different. It should be accountable to the people. Sometimes — frequently — that requires “divisive” discussion and debate. And the more important the matter, the more discussion and debate — transparency — is needed.

It’s a lot easier on commissioners if the attitude is “go along to get along.” That attitude has led to a faltering Wichita economy as majorities of members of the Wichita City Council and Sedgwick County Commission have avoided debate and gone along with the advice of staff and economic development regimes. I think this is the strategy of Hugh Nicks, should he be elected to the commission.

It might be tempting to dismiss these remarks as having been made by an uninformed candidate. But Nicks says he has been running since October 2017 so that he can learn about the issues. 4

Following are excerpts of remarks of Hugh Nicks and Richard Ranzau at the Wichita Pachyderm Club, June 8, 2018.

Hugh Nicks:

In the area — in the area of leadership, uh, it always starts at the top. Yeah, it doesn’t matter what organization it is, it always starts at the top. I’ll give you just a couple of examples. Uh, when I first started out as a young guy, and I was coaching, I worked for a guy Lafayette Norwood. Maybe some of you know that name. Uh, he was the first black basketball coach — the city league’s first black coach in the city of Wichita, actually. And I worked for the man for two years and learned some hard lessons from him because he wanted to fire me a couple times.

Yeah, he wanted to fire me because one day I decided I’d run some drills that he would not have agreed upon and when we got back in the locker room and got all the kids checked out, he came and said, “I believe I’m gonna fire you.” I said, “I need that job.” It pays 6,200 dollars a year. I already said that. He said, “Well I saw what you were doing down at the other end of the court. It’s not what we agreed on. And uh, so, when we have a plan, we leave this, this office, then you’re gonna do what you’re supposed to do, and you’re not gonna counter anything that I say out on that floor because we’re a team and we’re gonna move forward.”

Uh, so that — that was one of my first lessons that I learned with regard to leadership. But I, I think it starts at the top, so here’s what I see at the county: Um, you know, we can’t have — we can’t have the kind of divisive behavior that we have going on right now — we just — it’s just not — it’s just not acceptable.

Now, it’s alright to disagree in my view. I mean, I’m probably one of the — one of the guys that disagree with and vehemently if I have a strong opinion. But it’s not done in public. You just — you just — you just can’t do that. So, if you want to have an argument with me and go back behind closed doors and have it all day long, that’s alright with me. But when we come out and we’re in front of a staff, then were gonna act differently, and we’re certainly gonna act differently in front of our constituents — in front of, in front of the, the people that we represent. It’d be like a business: I mean, if in our business when we had closed door meetings when, when we argue about how we move forward, in our, in our business, we didn’t go out in front of our employees afterwards and act the same way that we did back behind closed doors. It just doesn’t work. And if we went and acted that way in front of our customers, if we did, we wouldn’t have any customers.

So I’m a proponent, and trying to answer that question from back there in, in terms of leadership style, that we need a different leadership style in the county. Now Richard’s probably gonna take exception with that because he fights for what he believes in and I understand that. But it’s a matter of the way we go about it in my view, uh, and everything starts at the top. I mean, it starts at the top and works its way down, uh, that’s — that’s how I view that.


Notes

  1. Kansas Statutes Annotated 75-4317. Available at https://www.ksrevisor.org/statutes/chapters/ch75/075_043_0017.html.
  2. As a result of system upgrades, the county no longer needs a radio tower located near 77th Street North and Interstate 135. Pixius Communications, LLC made an offer to purchase the tower and the five acre tower site for $280,000. The county proceeded making arrangements for the sale, preparing a sales agreement contract between Sedgwick County and Pixius with a sales price of $280,000, along with several other legal documents necessary to support the sale. … But commissioners Richard Ranzau and Karl Peterjohn felt that the best way to sell the tower was through an auction. … The result of the auction? A Florida company offered $610,000. After a sales commission ($55,000) and half of closing costs ($1,128), the county will net $553,872. That’s almost twice the price the county manager and two commissioners were willing to sell the tower for. See Weeks, Bob. Sedgwick County tower sale was not in citizens’ best interest. Available at https://wichitaliberty.org/sedgwick-county-government/sedgwick-county-tower-sale-was-not-in-citizens-best-interest/.
  3. It’s true that some government officials say we must run government like a business. They usually mean that until they are held to the standards of accountability the private sector faces. Then, things are different. Accountability is avoided. (The non-discussion of expenses of the Intrust Bank Arena is an example of evading business-type accountability by members of the Sedgwick County Commission. See Intrust Bank Arena loss for 2017 is $4,222,182.)
  4. “You may wonder why I’m announcing so early, since the Republican Primary for the County Commission seat isn’t until August 2018. The reason is simple. I like to do my homework. I want to learn about the way Sedgwick County governs, and the rationale behind the decisions that have been made. I want to learn about the issues that are most important to the people in the 4th District. I think serving as County Commissioner is too important to take an on-the-job-training approach, and I don’t want to be on a learning curve at the taxpayers’ expense.” Nicks4commissioner.com. News. October 19, 2017. Available at http://www.nicks4commissioner.com/news.html. .

WichitaLiberty.TV: Russ McCullough, Ottawa University and Gwartney Institute

In this episode of WichitaLiberty.TV: Dr. Russ McCullough of Ottawa University introduces us to the Gwartney Institute and explains the importance of economic freedom. View below, or click here to view at YouTube. Episode 194, broadcast April 28, 2018.

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Dr. Russ McCullough is the Wayne Angell Chair of Economics at Ottawa University in Kansas. He is also the Founder/Director of the Gwartney Institute for Freedom, Justice and Human Flourishing — A think tank that explores the evidence of social institutions around the world including faith and economics. He joined OU in 2011 coming from Iowa State University where he earned his PhD in Public Economics and taught classes while pursuing many entrepreneurial endeavors.

He completed his BA degree at St. Cloud State University in Minnesota where he grew up. While working on his dissertation in 1997, he was offered co-ownership in a real estate firm he worked at through school that specialized in college student housing. Property management and real estate sales eventually grew into having a few agents under his brokerage license. Shortly thereafter his daily activities focused more on real estate development which included multi-family housing, commercial mixed-use buildings and subdivisions. Real estate served as a catalyst into other business ventures including a construction company, a restaurant, a boutique hotel and an equestrian center.

Russ has studied and taught the economic principles of Fredrick Bastiat to his students in a course he developed called Entrepreneurial Economics. In addition to Bastiat, this class includes readings from Frederick Hayek, Ludwig Von Mises, Israel Kirzner and Ayn Rand.

WichitaLiberty.TV: Sound money and private governance

In this episode of WichitaLiberty.TV: Professor Edward Stringham joins Karl Peterjohn and Bob Weeks to discuss Bitcoin, sound money, and the role of markets in private governance. View below, or click here to view at YouTube. Episode 182, broadcast February 10, 2018.

Edward Peter Stringham is the Davis Professor of Economic Organizations and Innovation at Trinity College in Hartford, Connecticut. Stringham is editor of the Journal of Private Enterprise, president of the American Institute for Economic Research, past president of the Society for the Development of Austrian Economics, and past president of the Association of Private Enterprise Education. He a prolific author. His book, Private Governance: Creating Order in Economic and Social Life, is published by Oxford University Press.

His appearance on WichitaLiberty.TV was made possible by the Wichita Chapter of the Bastiat Society.

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WichitaLiberty.TV: WATC and WSU Tech President Sheree Utash

In this episode of WichitaLiberty.TV: Wichita Area Technical College (WATC) has formed an affiliation with Wichita State University, to be called the Wichita State University Campus of Applied Sciences and Technology, or WSU Tech. Sheree Utash, president of WATC and future president of WSU Tech, joins Karl Peterjohn to discuss these institutions. (Bob should be back next week.) View below, or click here to view at YouTube. Episode 181, broadcast January 27, 2018.

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WichitaLiberty.TV: Radio Host Andy Hooser

In this episode of WichitaLiberty.TV: Radio Host Andy Hooser of the Voice of Reason appears with Karl Peterjohn to discuss the simulcast of his radio show on KGPT 26, the legislative session, and whether President Trump’s tax breaks can save Kansas from the recent tax hike. Bob Weeks is still out. View below, or click here to view at YouTube. Episode 180, broadcast January 20, 2018.

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WichitaLiberty.TV: Kansas State of the State for 2018

In this episode of WichitaLiberty.TV: Vice president and policy director of Kansas Policy Institute James Franko joins Karl Peterjohn to discuss Governor Brownback’s State of the State Address for 2018. Topics include schools and Medicaid expansion. Bob Weeks hopes to be back next week. View below, or click here to view at YouTube. Episode 179, broadcast January 13, 2018.

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WichitaLiberty.TV: Senator Jim DeMint and Convention of States

In this episode of WichitaLiberty.TV: Former United States Senator Jim DeMint joins Karl Peterjohn and Bob Weeks to talk about the Convention of States. David Schneider, regional director for Citizens for Self-Governance also appears. View below, or click here to view at YouTube. Episode 175, broadcast December 9, 2017.

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WichitaLiberty.TV: Kansas Representative John Whitmer

In this episode of WichitaLiberty.TV: Kansas Representative John Whitmer joins Karl Peterjohn and Bob Weeks to discuss current issues in state government, and why he supports Wink Hartman for governor. View below, or click here to view at YouTube. Episode 173, broadcast November 18, 2017.

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WichitaLiberty.TV: Sedgwick County Commissioner Richard Ranzau

In this episode of WichitaLiberty.TV: Sedgwick County Commissioner Richard Ranzau joins Karl Peterjohn and Bob Weeks to discuss Sedgwick County government issues, including allegations of misconduct by a commission member and the possibility of a Tyson chicken plant. View below, or click here to view at YouTube. Episode 172, broadcast November 11, 2017.

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WichitaLiberty.TV: Matt Kibbe of Free the People

In this episode of WichitaLiberty.TV: Matt Kibbe of Free the People joins Karl Peterjohn and Bob Weeks to discuss FreeThePeople.org and our relationship with government. Mr. Kibbe’s appearance was made possible by the Wichita Chapter of the Bastiat Society. View below, or click here to view at YouTube. Episode 171, broadcast November 4, 2017.

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WichitaLiberty.TV: John Fund, National Review Columnist

In this episode of WichitaLiberty.TV: National Review columnist John Fund joins Bob Weeks and Karl Peterjohn to discuss elections and their security. View below, or click here to view at YouTube. Episode 168, broadcast October 8, 2017.

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WichitaLiberty.TV: Century II, Again

In this episode of WichitaLiberty.TV: Karl Peterjohn and Bob Weeks continue discussing Century II, Wichita’s convention and performing arts center. But first, some unfortunate economic news for Wichita. View below, or click here to view at YouTube. Episode 166, broadcast September 24, 2017.

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From Pachyderm: Why I Am a Republican

From the Wichita Pachyderm Club: A panel presentation on the topic “Why I Am a Republican.” Panelists, in order of their initial remarks, are Ben Sauceda, former Sedgwick County Commissioner Karl Peterjohn, Precinct Leader Linda Baker, and Sedgwick County Commissioner Richard Ranzau. Todd Johnson is the moderator. This audio presentation was recorded on September 15, 2017.

From left to right: Ben Sauceda, Karl Peterjohn, Linda Baker, Richard Ranzau, Todd Johnson

WichitaLiberty.TV: Century II, Its Future

In this episode of WichitaLiberty.TV: Community influencer John Todd joins Karl Peterjohn and Bob Weeks to discuss Century II, Wichita’s convention and performing arts center. View below, or click here to view at YouTube. Episode 165, broadcast September 17, 2017.

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WichitaLiberty.TV: Radio Host Andy Hooser

In this episode of WichitaLiberty.TV: Radio talk show host Andy Hooser joins Karl Peterjohn to discuss developments on Andy’s show along with national and state affairs, while Bob Weeks takes off a week. View below, or click here to view at YouTube. Episode 164, broadcast September 10, 2017.

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WichitaLiberty.TV: Wichita and Kansas economies

In this episode of WichitaLiberty.TV: Bob Weeks and Karl Peterjohn discuss issues regarding the Wichita and Kansas economies. View below, or click here to view at YouTube. Episode 163, broadcast September 3, 2017.

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  • Wichita employment trends. While the unemployment rate in the Wichita metropolitan area has been declining, the numbers behind the decline are not encouraging.
  • Downtown Wichita business trends. There has been much investment in Downtown Wichita, both public and private. What has been the trend in business activity during this time?
  • Wichita downtown plan focused on elite values, incorrect assumptions. One of the themes of those planning the future of downtown Wichita is that the suburban areas of Wichita are bad. The people living there are not cultured and sophisticated, the planners say. Suburbanites live wasteful lifestyles. Planners say they use too much energy, emit too much carbon, and gobble up too much land, all for things they’ve been duped into believing they want.
  • Charts shown in the show: (Click charts for larger versions.)

Judge Melgren defends Constitutional protections

By Karl Peterjohn

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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