All parties, including the Sedgwick County District Attorney’s Office, agree that the Wichita City Council violated the Kansas Open Meetings Act last month by using secret ballots to elect Jim Skelton as vice mayor. The DA’s Office opted not to fine anybody, viewing the city’s admission of the error and subsequent release of the council members’ votes as sufficient to close the matter. City Attorney Gary Rebenstorf’s apology and promise to ensure “that like mistakes are avoided in the future” were welcome. But city officials cannot violate the law every few years, as they have three times since 2003, and escape penalties forever.
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18 Comments
Rush Limbaugh said –
“Let’s face it, we didn’t have slavery in this country for over 100 years because it was a bad thing. Quite the opposite: slavery built the South. I’m not saying we should bring it back; I’m just saying it had its merits. For one thing, the streets were safer after dark.”
Rush Limbaugh said –
“You know who deserves a posthumous Medal of Honor? James Earl Ray. We miss you, James. Godspeed. “
Can’t keep violating open-meetings act.
Back on thread topic.
This is totally unacceptable. It is not just the law being violated – it’s the public trust. The Counsel (or commission in some cities) is ultimately responsible. Even if the violation was unintentional, the perception is that the entire elected body is a bunch of scheming crooks.
The problem is continuity of government. At the local level, city counselors/commissioners come and go. Their individual backgrounds and intelligence level is as myriad as that of the citizens they represent. They could have been lawyers, meat packers, local business owners, teachers, or house wives. The point is: They do NOT know the law. Someone has to teach them.
1st. Adopt mandatory Commission/Counsel orientation. The city administrator and present commission can come up with “Must know” items which should be presented in this orientation. The State could come up with a statewide packet of information/instruction.
2nd. A strong City Attorney. In my experience, a city attorney – who “actively” participates in every commission/counsel meeting – to include executive sessions (closed door) is a must. The City counselor can say “stop” at any time and advise the counsel on the legality of their actions: BEFORE it happens.
Example: Publicly, the city counsel must vote on executive session. This is usually at the end, but could be anytime during a counsel meeting.
A commissioner/counselman makes the motion:
“I move that we adjorn into Executive Session for a period not to exceed 40 minutes to discuss land acquisition”.
The City attorney is present and listening. The above case meets the statute on the Kansas Open Meetings Act. Attorney would make no comment BUT would attend the session behind closed doors to ENSURE they stick to “land acquistion”.
Now, if a counselor moves to go into executive session “TO DISCUSS ELECTING A VICE MAYOR”, on the spot: The city attorney will correct the counselmen BEFORE the vote is taken. Nick it in the bud BEFORE the elected body votes.
3rd. A strong City Manager/Administrator. The city manager provides the continuity for the new elected members of the council. Their J.O.B. is to advise the commission. The City Manager should be fired – if he/she fails to advise the counsel and the counsel therefore does an illegal action. The City Manager should advise the counsel PUBLICLY and correct invalid, inappropriate, or illegal actions BEFORE they happen.
4th. All votes for an executive session (closed meeting) MUST be public. They should include: a. The reason under Kansas Law (I think there are 7 reasons allowed). The time limit.
5th. All of the interactions should be recorded in the minutes of the counsil meeting. (City Clerks office generally has that responsibility).
Ignorance is no excuse.
Training and clearly established lines of responsibility within the City Managers Staff will take care of the continuity issue.
American_Way,
I think that you have outlined some solid procedures to address the problem. You should contact your Council member if you haven’t already.
Open government is good government.
Daniel,
Thanks. In my own community we have resolved this issue as stated above. A very simple training method: Include a printed copy of the law in the welcome orientation packet of each new commissioner. Additionally, provide it to continuing commissioners every type newly elected members join them.
They cannot hide behind ignorance. It is very simple to understand:
http://www.kspress.com/img/koma.pdf
(You can pass it on to your elected folks, the city manager, and others.)
The State actually provides good literature on the same.
http://skyways.lib.ks.us/ksleg/KLRD/Publications/2009Briefs/o-ks-open-mtgs.pdf
If, after receiving all the above, the counsil still screws up – fire them. Recall them.
Please check state law on violation penalties. Hope it doesn’t involve taxpayer money. Removal from office would be a good start.
To be effective: The grassroots movement should begin immediately after the illegal actions.
Hey Monkeyhawk, do you have any documentation of these statements? I can do that too:
Monkeyhawk said –
“Personally, I don’t see a problem with NAMBLA. I’ve been a member for years!”
When AmWay is right, he’s right. Though I strongly support doing away with the City Manager form of government. If Wichita wants to be a real city, it needs a real mayor rather than a puppet of the city council.
CF2K, I agree.
Any large city needs a mayor to fully represent the city. The council elected mayor has little real power. He can only govern by the majority vote of the council.
Additionally, the “part-time” mayor is not available to meet citizens – or the needs of the community on a 24-7 basis. Whereas, a full time mayor is in his office at city hall and involved in the day-to-day runnings of the city. Additionally, an elected Mayor can be more responsive to citizens, than a contracted City Manager. The list goes on.
However, comma, pause for effect: I still believe in a large city hiring a professional city manager to handle the daily routine and manage the staff. Joe Sheat the rag man elected as mayor may have ZERO management experience or leadership abilities. That is too much for Joe to handle.
But it DOES allow the Mayor to be there for the people, listen to the people, and provide over reaching direction to the City Manager.
Additionally, I like the idea of electing councilmen by district – representing specific areas of the city and their needs. But you also get the benefit of councilmen elected “at large” in this form of government.
“12-10a02: Governing body, election; election of president of council; action by council. The governing body shall consist of a mayor and three (3) members of the council elected at large and four (4) members of the council elected by districts. Qualifications, oaths and bonds of the mayor and members of the council shall be as provided in the general laws establishing and relating to the commission-manager form in cities of the first class. After every city general election, the council shall elect one of its members as president of the council who, in the absence or disability of, and at the request of the mayor, shall become acting mayor. The president of the council shall, while acting as mayor, have only those powers immediate and necessary to carry out the duties of the office of mayor, including all administrative, ceremonial and contractual powers, but shall not have the power to veto any measure passed by the council.
Any action taken by the city council shall be by a majority vote of the members of the council serving on the council unless a greater number of votes are specifically required by another provision of law. The mayor may submit proposals for the consideration of the council, but may not vote on any matter before the council.”
“12-10a06: Powers and duties of mayor; vetoes; overriding. The mayor shall be the titular head and chief administrative officer of the city and shall preside at all meetings of the council. The mayor shall sign all ordinances and resolutions passed by the council, except that the mayor shall have the power to veto any ordinance or resolution passed by the council except a charter ordinance. Within two (2) days of the veto of any ordinance or resolution, the mayor shall give written notice thereof to the council. Any ordinance or resolution vetoed by the mayor may subsequently be passed, notwithstanding such veto, by a vote of five (5) members of the council. If within two (2) weeks after the next regular meeting of the council following the date of notification of a veto the council fails to pass the vetoed ordinance or resolution notwithstanding such veto, such ordinance or resolution shall not take effect. If the mayor has failed to sign or veto such ordinance or resolution within two (2) weeks following the adoption of such ordinance or resolution, the same shall take effect without the mayor’s signature.
It shall be the duty of the mayor to sign all contracts of the city before the city shall be liable thereon. The mayor shall represent the city governing body at all official city functions, and shall be the official representative of the governing body at all meetings, conferences and negotiations relating to policy matters involving other governmental units and shall recommend council action relating thereto.
The mayor shall be responsible for the administration of all of the affairs of the city, including the enforcement of all laws and ordinances and all other administrative functions within the scope of ordinances relating to the management of the city.”
I may have the incorrect statutes for the specific form I mentioned, but I believe in still keeping a professional city administrator/manager on the payroll.
A full time mayor represents the people.
A professional city manager represents the city council, majority votes. (not the people)
We have a full time mayor in Wichita. He’s paid around $80,000 per year.
If you guys think he’s not doing a full time job, that’s a different matter. But he is paid a full time salary.
Here’s the thing:
If you had a lawyer whose opinions had cost you AT LEAST $112 million… would he still be your attorney?
In the immortal words of Colonel Hochstedter, “What is this man doing here?”
Isn’t it about time we started asking?
The City Council will never be fined by do nothing Nola.
Transparency in Government?
Fu Ck that!
Meet in private. Go ahead. Make the day for the voters.
A City Manager comes in handy if he or she has any good managerial skills, which the Mayor lacks.
Remember, the Mayor is just some feel good politician who is elected for how he/she makes you feel, not for what he/she can actually DO. (Sound familiar?)
So, a city manager is needed, afterall.
I feel so GOOD with Obama tellin me how great things are not going to be.
Is Obama the Country Manager?
Say Obama,
How’s things going with YOUR automobile companies and the banks that YOU now run?
Rosy?
If Trump was your manager Obama, then U B Fired!