Tag Archives: Wichita Pachyderm Club

From Pachyderm: Kansas District Court Judicial Candidates

From the Wichita Pachyderm Club: Kansas District Court Judicial Candidates. This was recorded July 13, 2018.

Kansas courts are divided into Judicial Districts. The 18th Judicial District has the same boundaries as Sedgwick County. Judges in the 18th Judicial District run for office and serve in Divisions. There are 28 Divisions. While these Divisions may appear to be geographical districts like those for county commissioner or state legislature, each Division covers the entire Judicial District. Therefore, all Sedgwick County voters may vote for judges in all divisions.

Candidates run as members of a party in the August primary, and winners advance to the November general election. Terms are four years. Of the Divisions that have elections this year, two have contested primaries, with all candidates filing as Republicans except for one Democrat in Division 7. In all other Divisions, only one candidate of any party has filed.

Here are the candidates in order of their opening statements.

Division 17 candidates:

  • Scott Anderson
  • Linda Kirby
  • David Lowdon
  • Richard Paugh

Division 7 candidates:

  • John Van Achen
  • Rodger Woods

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. .

From Pachyderm: Kansas Governor Dr. Jeff Colyer

From the Wichita Pachyderm Club: Kansas Governor Dr. Jeff Colyer, who is also Candidate for Kansas Governor. This is part of a series in which all major Republican candidates will speak. Recorded May 18, 2018.

Shownotes

From Pachyderm: Kris Kobach, Candidate for Kansas Governor

From the Wichita Pachyderm Club: Kris Kobach, Kansas Secretary of State and Candidate for Kansas Governor. This is part of a series in which all major Republican candidates will speak. Recorded May 11, 2018.

Shownotes

From Pachyderm: Ken Selzer, Candidate for Kansas Governor

From the Wichita Pachyderm Club: Ken Selzer, Kansas Insurance Commissioner and candidate for Kansas Governor. This is part of a series in which all major Republican candidates will speak. Recorded May 4, 2018.

Shownotes

From Pachyderm: Jim Barnett, Candidate for Kansas Governor

From the Wichita Pachyderm Club: Dr. Jim Barnett, candidate for Kansas Governor. This is part of a series in which all major Republican candidates will speak. Recorded April 20, 2018.

Shownotes

From Pachyderm: Can Wichita Elect a Governor?

From the Wichita Pachyderm Club: Dr. Russell Arben Fox, who is Professor of Political Science at Friends University. His topic was “Can Wichita Elect a Governor? Musings on the Kansas Political Landscape.”

This is an audio presentation. The accompanying slides are available here. Recorded on March 9, 2018 before a live audience at the Wichita Pachyderm Club.

From Pachyderm: Local legislative priorities

From the Wichita Pachyderm Club: Local government officials present their legislative priorities. Appearing are James Clendenin for the City of Wichita, Dave Unruh for Sedgwick County, and Sheril Logan for the Wichita Public School District. This was recorded December 22, 2017.

Briefs

Another Wichita Eagle publisher

Wichita Business Journal: “McClatchy Co. spokeswoman Jeanne Segal told the Wichita Business Journal on Wednesday that Kelly Mirt has resigned and will rejoin his family in North Carolina. … Mirt was announced as the Eagle’s publisher and vice president of advertising in July. … Mirt came to Wichita after the of former Eagle publisher Roy Heatherly in May. Mirt was the newspaper’s sixth publisher since 2007.” See Wichita Eagle publisher resigns, McClatchy says.

The system is rigged against you

Wichita Eagle Opinion Line, December 6, 2017: “Reading the article about Southeast High School has hardened my resolve even more that my kids will never attend public school.” Dear writer: I’m sorry to inform you, but there is an entire industry in Kansas that works to make sure that public schools are the only viable option for most Kansas families.

Will we ever know the cost?

Wichita Eagle headline: Spirit plans ‘mega project’ with $1 billion investment, 1,000 more jobs in Wichita. This is good news. I wonder, however, if we will ever know all the news, specifically how much it cost to make this happen. Also: Will Wichita Mayor Jeff Longwell’s pledge to forego cash incentives apply to this project?

DeMint in Wichita this week

At the Wichita Pachyderm Club this week: Former Senator Jim DeMint of South Carolina. DeMint served in the U.S. House of Representatives from 1999 to 2005, representing the fourth district of South Carolina. From 2005 to 2013 he served in the United States Senate, again representing South Carolina. From 2013 to 2017 he was president of the Heritage Foundation, one of the nation’s leading conservative think tanks. Now he serves as senior advisor to Citizens for Self-Governance, a group which is seeking to call a convention to propose amendments to the United States Constitution in order to reduce federal government spending and power. See here for details.

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

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.

From Pachyderm: Wichita school board candidates

From the Wichita Pachyderm Club: A forum of candidates for Wichita school board. Recorded June 16, 2017.

At the lectern is Pachyderm Board Member Todd Johnson who moderated the forum.

Wichita school board candidates. Click for larger.
The eight candidates in attendance were from left to right, Betty Arnold and Ben Blankley for District 1; Julie Hedrick and Trish Hileman for District 2; Mike Rodee for District 5; and Walt Chappell, Shirley Jefferson, and Ron Rosales for District 6.

All of these candidates plus two candidates who could not attend today’s forum will move forward to the November 7, 2017, General Election.

In school district elections, all qualified voters district-wide in the Wichita Public School District have the opportunity to vote for the candidate of their choice from all four Board of Education Districts in the November election.

Kris Kobach at Wichita Pachyderm Club

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

By Karl Peterjohn

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

From Pachyderm: Kansas legislative update

From the Wichita Pachyderm Club: Members of the Kansas Legislature from the Wichita area briefed members and guests on happenings in the Kansas Senate and House of Representatives. Recorded April 14, 2017. Members appearing, in order of initial appearance, are:

Jeff Glendening of Americans for Prosperity

Jeff Glendening is Kansas State Director for Americans for Prosperity. He spoke on the topic “It’s Time to Wake Up!” Recorded at the Wichita Pachyderm Club, March 24, 2017.

Shownotes

From Pachyderm: Congressional candidates

From the Wichita Pachyderm Club this week: A forum for Republican candidates vying to fill the vacant position of former Congressman Mike Pompeo, who is now Director of the Central Intelligence Agency. Ths program was moderated by Kelly Arnold, who is Chairman of the Kansas Republican Party.

Candidates appearing were, in order of initial appearance:

  • Wichita City Council member Pete Meitzner
  • Kansas Treasurer Ron Estes
  • Former Congressman Todd Tiahrt
  • Donald Trump adviser Alan Cobb
  • Attorney George Bruce
  • Aerospace engineer and radio host Joseph Ashby

This program was recorded February 3, 2017. Republican delegates will meet to select their candidate on February 8. The election is April 11.