Agenda Governmental Ethics Commission Kansas Secretary of State auditorium 120 SW 10th St. 2nd floor January 27,2021 1:00 p.m.
1:00 p.m. Call Meeting to Order
Review and Approve Minutes of the Meetings held November 18, 2020 and January 20, 2021
Executive Director's Report • Coalition for Integrity's 2020 S.W.A.M.P. IndexMedia contact • Campaign Finance Update
Civil Penalties: Candidates & Treasurers Dakota Williams, Timothy Harris Candidate for county commissioner Treasurer for Josh Harris Lauren Karlin Arme Zajic Treasurer for Timothy Reed Treasurer for Harold Zajic Danah Stahl, Richard Garza, Candidate for county treasurer Candidate for Sheriff Mandy Peters, Christine Williams, Treasurer for Richard Garza Candidate for county commissioner Dante Javaheri, Bryan Pruitt, Candidate for state representative Candidate for state senate Mark Soike, Stephanie Yeager, Treasurer for Bryan Pruitt Candidate for state representative Renee Leithoff, Janet Rine, Treasurer for Stephanie Yeager Candidate for state representative Alysa Sauceda, Samantha Poetter, Treasurer for Stephanie Yeager Candidate for state representative Amanda McDaneld, Benjamin Hodge, Treasurer for Samantha Poetter Candidate for State Board of Education Jerry Gum, (3) Candidate for district magistrate judge
Cjyil Penalties: PACS & Parties Christie Schroeder, Treasurer Steve Lopez, treasurer Derby High School Democrats (2) KC KS Fraternal Order of Police Lodge #4 Tim Tarkelly, treasurer James Ward, treasurer Neosho CO Democratic Central Committee Brown CO Republican Central Committee Lavonia Ragsdale, treasurer Erin Plaza, Treasurer 3rd Dist. Libertarian Party ofKS (3) KS Society ofAnesthesiologists PAC (4)
Michael Ginsberg, Karla Lisle, treasurer Treasurer Liberty Press Farm PAC Kansans for Conservative Values (3) Page 1 of 2 Merriam Langdon, treasurer KS Democratic Party Disability Caucus
Lobbyist Civil Penaltv Melissa Panettiere, Blue Cross Blue Shield of Kansas City
Civil Penalty Waiver Requests
Scott Morris, Sara Woods, Candidate District Magistrate judge Candidate for county treasurer Julie Fletcher Cowell, Trevor Jacobs, Candidate for District iMagistrate judge Candidate for state representative Thad Lauritzen, Jenny Niblock, Treasurer Club 64 Firefighters PAC Candidate for county commissioner Steve Huebert, Amanda McDaneld, Candidate for state representative Treasurer for Samantha Poetter Michael Haley, Courtney Mikesic, Candidate for county commissioner Candidate District Court Judge Josh Harris, Timothy Harris, Candidate for State Board of Education Treasurer for Josh Harris Kevin Barone, lobbyist The Human Solution, The Capitol Lobby Group, KS Pawnbrokers Assoc., KS. Naturopathic Providers, KS Massage Therapy Assoc., KS Bail Agents, Assoc. Ks. Association of Oriental Medicine, CBD American, Shaman, Grown Hemp in KS, KS Farmers for Alternative Crop
1:30 Public Hearing Complaint No. 690, Michael B. O'Donnell, H
Executive Session
Date of next meeting: February 24, 2021
3:00 p.m. Adj oumment
Page 2 of 2 Draft Minutes Governmental Ethics Commission November 18, 2020 Videoconference
Members Present Staff Present Nick Hale, Chairman Mark Skoglund, Executive Director Patty Dengler Brett Berry, General Counsel Jane Deterding Sherry Fergel, Office Manager Jerome Hellmer, Vice Chair Amy James Kyle Krull Todd Schamhorst John Solbach
The regular monthly meeting of the Governmental Ethics Commission was called to order at 1:02 p.m. by Chair Hale.
Minutes Commissioners reviewed the November 18 meeting agenda and the minutes from the October 28, 2020 meeting. Mr. Krull moved to approve the minutes as written. Ms. Deterding seconded the motion. There was no discussion. The motion carried unanimously.
Executive Director Report Mr. Skoglund presented the statistics for the number of campaign finance reports submitted by candidates, political action committees and parties in a timely manner and those who received failure to file notifications. Mr. Skoglund reviewed general guidelines provided to the Commissioners regarding media contact. Questions were answered. Mr. Skoglund presented the 2020 Annual Report to be completed and submitted to the Governor and the Legislative Coordmatmg Council in the first week of December as required by statute. The Annual Report is comprised of all actions the Commission has taken in the previous fiscal year. The Annual Report would be presented to the Legislature in January. Mr. Skoglund highlighted the following: training and education in state laws for state employees; advisory opinions; reviews of campaign finance reports; statements of substantial interests; review of lobbying laws including the number of registered lobbyists, the entities they represent and the amount which was spent; the enforcement program including investigations, complaints, civil penalties and fines; and the four legislative recommendations, approved previously. Mr. Krull moved to accept the 2020 annual report as written. Mrs. Deterding seconded the motion. The motion passed unanimously.
Advisory Opinion Mr. Deny presented an advisory opinion for all interested persons regarding the proper placement of the paid for by attribution statement for campaign text messages. Mr. Schamhorst moved to approve the opinion as written. Mr. Solbach seconded the motion. There was no discussion. The motion passed unanimously.
Page 1 of 5 Civil Penalty Assessment Orders Commissioners reviewed civil penalty assessments for the late filing of the following documents:
October 26, 2020 Receipts & Expenditures Report: Ethan Caylor Candidate for state representative $ 100 Steven Huebert Candidate for state representative $ 100
J.C. Moore Candidate for state representative $ 100 Scott Morris Candidate for District Magistrate Judge $ 100 James Thompson Candidate for District Magistrate Judge $ 200 Julie Fletcher Cowell Candidate for District Magistrate Judge $ 250 Trevor Jacobs Candidate for state representative $ 350 Courtney Mikesic Candidate for District Judge $500 Josh Harris Candidate for State Board of Education $ 1000 Timothy Reed Candidate for state representative $ 1000 Harold Zajic Candidate for state senate $ 1000 Gary Wilson Candidate for county commissioner $ 100 Jay Bailey Candidate for county commissioner $ 200 Kenneth Highley Candidate for Sheriff $ 200 Nicholas Noland Candidate for county commissioner $ 200 Sara Woods Candidate for county treasurer $ 200 Dustin Roths Candidate for county commissioner $ 200 Adam Potts Candidate for Sheriff $ 250 David Homer Candidate for Sheriff $ 25 0
Page 2 of 5 Randall Eitzen Candidate for county commissioner $ 250 Jenny Niblock Candidate for county commissioner $ 300 Michael Haley Candidate for county commissioner $ 300 Vonda Finley Candidate for register of deeds $ 350 Curtis Oroke Candidate for county commissioner $ 400 Amended JanuaryJLQ, 2020 Receipts & Expenditires Rep_ort Scott Hamblin Candidate for city council $300 Tara Bmne Treasurer for Scott Hamblin $300 Mark Gietzen Candidate for mayor $300 Amended October 28, 2019 Receipts & Expenditures Report Mark Gietzen Candidate for mayor $300
October 26. 2020 Receipts & Expenditures Report: Alien Gallaway, Treasurer United Teachers of Wichita COPE $30 Robert Wing, Treasurer Tri County Labor Council COPE $ 1000 Thad Lauritzen, Treasurer Club 64 Firefighters $ 1000
Civil penalty assessments will be sent to those listed above.
Civil Penalty Waiver requests Mr. Skoglund presented the letter submitted by Audrey Hill, lobbyist for Saint Luke's Health System. Mr. Skoglund had conferred with the staffs Lobbyist Coordinator, who had no objection to this waiver. Ms. James moved to waive the penalty in its entirety. Mr. Schamhorst seconded the motion. There was no additional discussion. The motion passed with Ms. Deterding voting no.
Mr. Skoglund presented the email submitted by Jenny Niblock, county commission candidate requesting waiver of assessed civil penalty. Discussion ensued. Mr. Skoglund stated that reminders notices had been sent and recommended to not waive the penalty. The Commission took no action on the request.
Mr. Skoglund presented the email submitted by J.C. Moore, candidate for state representative. Mr. IVIoore had included copies of the receipts he received when mailing the report. Mr. Skoglund
Page 3 of 5 recommended to waive the civil penalty. Mr. Solbach moved to waive the penalty in its entirety. Ms. James seconded the motion. There was no additional discussion. The motion passed unanimously.
Mr. Skoglund presented the letter submitted by Torn Byers, lobbyist for Magellan Midstream Partners, LLC requesting waiver for assessed civil penalty. Mr. Skoglund had conferred with the staff Lobbyist Coordinator, who had no objection to this waiver. Mr. Krull moved to waive the penalty in its entirety. Ms. Dengler seconded the motion. There was no additional discussion. The motion passed unanimously.
Mr. Skoglund presented the letter requesting waiver of assessed civil penalty submitted by Doug Anstaett lobbyist for the Kansas Press Association. Mr. Skoglund had no recommendation regarding the request. Ms. James moved to waive the civil penalty in its entirety. Discussion ensued. Mr. Solbach seconded the motion. Discussion continued. The motion passed with Ms. Deterding voting no.
Mr. Skoglund presented the email submitted by Adam Potts, candidate for sheriff. Mr. Skoglund had no recommendation. The Commission took no action on the request.
Paid for by Attribution Statements Waiver request Before presenting the waiver requests, Mr. Skoglund stated that typically the Commission would waive the first offense, and send a strongly worded letter to the candidate, unless there are extenuating circumstances that would lead the Commission not to waive. Mr. Skoglund presented the following waiver requests for failing to include attribution statements: Laura Alien candidate for Ellis County Clerk submitted an email for her Facebook page. Avery Anderson, candidate for state representative, sent an email addressing the letters that had been mailed. Mark Fan-, chair of the Kansas National Education Political Action Committee, submitted an email regarding the postcards mailed. Mr. Skoglund recommended a waiver for all, followmg past practice. Discussion ensued. Mr. Solbach moved to approve the waiver requests and send letters. Mr. Schamhorst seconded the motion. The motion passed with Ms. Deterding voting no.
Executive Session At 1:35 p.m., Mr. Krull moved that the Commission recess this open meeting until 1:45 pm, for executive session to discuss matters limited to confidential complaints with staff present to participate in the discussions, pursuant to K.S.A. 75-4319(b)(l), (b)(2), and K.A.R. 19-6-2 The motion was seconded by Ms. Deterding. The motion passed unanimously.
The Commission returned to open session at 1:45 p.m.
Page 4 of 5 Chair Hale announced thejgublic hearing for Senator-Elect Cindy Holscher, Complaint 694 would be December 16, 2020 at 1:30 p.m. Mr. Hellmer made a motion to continue the public hearing until January 27, 2021 at 1:30 p.m. Mr. Solbach seconded the motion . There was no discussion. The motion passed unanimously.
Next meeting date Chair Hale announced the next meeting would be January 27, 2021.
Adjournment At 1:48 p.m. Mr. Hellmer moved to adjourn the meeting. Mr. Krull seconded the motion. There was no additional discussion and the motion carried unanimously.
Page 5 of 5 Draft Minutes Governmental Ethics Commission January 20,2021 Videoconference
]V[embers Present Staff Present Nick Hale, Chairman Mark Skoglund, Executive Director Patty Dengler Brett Berry, General Counsel Jane Deterding Sherry Fergel, Office Manager Jerome Hellmer, Vice Chair Amy James Kyle Krull Ken Moore Todd Scharnhorst John Solbach
The January 20, 2021 meeting of the Governmental Ethics Commission was called to order at 12:30 p.m. by Chair Hale.
Per the agenda. Chair Hale asked for a motion to adjourn to executive session.
Executive Session At 12:32 p.m., Mr. Krull moved that the Commission recess this open meeting until 12:37 p.m. for an executive session to discuss matters related to complaints, confidential pursuant to K.S.A. 46- 256, and for good cause as provided by K.A.R. 19-6-2, with staff present to participate in the discussions. Justification for recess to executive meeting is to consult with the commission's attorney which is deemed privileged in the attomey-client relationship, as provided for in K.S.A. 75-4319(b)(2). Mr. Hellmer seconded the motion. The motion passed unanimously.
The Commission rehimed to open session at 12:37 p.m.
Chair Hale announced that the Commission had set a hearing in the matter of Michael B. O'Donnell scheduled to occur next Wednesday, January 27, 2021 at the regular meeting.
Adioumment At 12:38 p.m. Ms. Deterding moved to adjourn the meeting. Mr. Hellmer seconded the motion. There was no additional discussion and the motion passed unanimously.
Page 1 of 1 STATUS OF FBLmGS FOR JANUARY 10,2021 RECEIPTS & EXPENDITURES REPORTS
Number of Number of CANDroATES Number Failure to File Reports Required to File Notices Sent Outstanding
2022 State Candidates 3 1 1 2020 State Candidates 449 8 8
2018 & 2016 State Carryover Candidates 94 7 7
2014,2012,2010 Carryover Candidates 30 5 5
2008, 2006 & 2004 Carryover Candidates 13 3 3
2002, 1994 & 1992 Carryover Candidates 5 0 0
2020 County Candidates 195 8 8
County Carryover Candidates 27 1 1 2019 City Candidates 73 9 9
2021 City Candidates 6 0 0
City Carryover Candidates 53 0 0
PARTY COMMITTEES
State Party Committees 4 0 0
Recognized Party Committees 4 0 0
Democratic County Central Committees 45 1 1
Libertarian County Central Committees 1 0 0
Republican County Central Committees 59 4 4
Congressional District Committees 9 1 1 li<3iiil^w^(l^ffi^^ vtyS^riS, ^^ijiift^^ss:j%l^ll
POLITICAL COMMITTEES
General 194 16 16
Democratic Women's Clubs 11 0 0
Republican Women's Clubs 10 1 1 iWifWISiSSSSiSSBSiSiis^ ^^ss^^ff'r^yss:^^l^.;^';:, ^LiM"";^C!'s;^:;^:^^:-^i; 2020 S.W.A.M.P. Index Scoring Map
The States With Anti-Corruption Measures for Public Officials (S.W.A.M.P.) d4I Index is a comparative scorecard which rates 50 states and the District of Columbia based on the laws and regulations governing ethics and ;tnaunan n» uasasnvsf. transparency in the executive and legislative branches.
2020 State Scores
Rank State Score 13 Alaska 26 Maryland 39 Mississippi i Washington i:Hl 14 New York 27 Montana 40 South Dakota 2 Rhode Island 15 Massachusetts 41 Vermont CM 3 District of Columbia a 16 Florida 4 California 17 Missouri 5 Kansas 18 Nebraska 6 Ohio 19 Pennsylvania 7 Kentucky !1] 20 West Virginia 8 New Hampshire 21 Nevada 9 Hawaii 22 Connecticut 10 Wisconsin 23 Arkansas ii Texas 'ss^s 24 Illinois 37 Delaware 12 South Carolina 25 New Jersey 38 North Dakota
10 COALITION FOR INTEGRITY
Appendix A: 2020 State Rankings
RANKING STATE STATESCORE ^|/VashJngton;;^;?flJii^i®|^ "fv^t:ffs:wf\:-70t 'IKO 'yyw^^^s^'^sy:. 2. Rhode Island 78.48 '^y;^:v^^ ^'.^y^^ff^^^^I)jistnctM;Colymbia^I^|^^ ^sm6MiSsils^ 4. California 75.24 :^Kcwsas M&W^WW^liiilgiaggiiig 6. Ohio 70.66 mgg^N^eotucky,^ItYi^;^^^^^&;maa9&ASMiTOsa 8. New Hampshire 67.35 19-niN;^iiila|vaii,^^^^^®ii::tK;1^7.l9.-vi%:^^ii^i|^ii iO. Wisconsin 67.08 l.iSJjil?^^xasi^S^^;^]^;;;^^.^;:.;^:^^Wii?M^MSi^^ t2. South Carolina 65.48 '^3,?f:^^i^jaska|;|^',::^^^^%^^t^^iSSSi^MSESiiS 14. New York 63.40 MSii^^^Massacl-iusettSj^,^:'^^^^:;^.^WiK^m^MWmM^ 16. Florida 60.74 'WTJi'MM^l^^issourtl^K^^^^^^^^ISiSQMiMiKWS 18. Nebraska 59.02 WSiW^^Bennsylya nia M^SW^: ^JMSi'-S 9,00 ^^;:^^^^i;i:^ 20. West Virgin! a 58.81 mswsiftJ^Neyada,;^^'^®;;^^S^^ &&Si^^iii?Xm 22. Connecticut 57.52 .•23.^i^:;i^;;y^^rka nsas .^:^^?^^i:^y:^i^;K^^^^6^1^®^^!^^ 24. Illinois 55.27 ^.^'^s^j^NewJersey./A^^<'^:(;^^:!'^^ :f-.^^t:^54,95,,^^Y^^;^^^ 26. Maryland 54.31 ^7,^^:^:^;,^^^^;:Npntana,y^.^^y^::;Y^;:^^:;i^ :Y||-^^^52,9i;^^^.;^ 28. Colorado 50.90 29.:;;^^^^;;^.;::i^iMinnesQta;^:^;:.^':^^^"',;;^:^;';:^,:i^^^',i,;;^9.99.;^:;.^^^Y/;y^':^
29 STATE QF KANSAS-
AdminfStoi&sn .o(: §01 • 8, • Kansas ^vsffiue 'Campatgapnaoca, TopBkai'fCansas .668.12. / Conflict 6(}fite?st C7eS);2SS-421:9'(j3hW) &• Lobby Ing-Lates (7a55'?ao<£S4»((ax)
GOVERNMENTAt ETHICS GOmSSiON littps:Atefliws,|{aosas.gov
TO: Commission Members
FROM: Mark Skoglund, Executive Director
DATE: January 27, 2021
RE: Civil Penalties- Candidate & Treasurer
The following individuals failed to file reports by the due date for penalty free filing. K.S.A. 25-4152 provides that a certified notice shall be sent, and that the individual shall have 2 days from the date such notice is placed in the mail to file the report. After that date, the civil penalty is $100 for the fast day and $50 per day up to a maximum of $1000. The following individuals did not file in a timely manner:
Name Date Filed Days Late Amount July 27,2020 Receipts & Expenditures Report Jerry Gum, Candidate for district magistrate judge N/A +30 $1000
October 26,2020 Receipts & Expenditures Report Dakota Williams, Candidate for County commissioner 1 1/2/2020 $200
Timothy Harris Treasurer for Josh Harris N/A +30 $300
Lauren Karlin Treasurer for Timothy Reed N/A +30 $300
Axune Zajic Treasurer for Harold Zajic N/A +30 $300
Danah Stahl, Candidate for county treasurer 12/28/20 +30 $1000
Richard Garza, Candidate for Sheriff N/A +30 $1000
Mandy Peters, Treasurer for Richard Garza N/A +30 $300
Page 1 of 2 Christme Williams, Candidate for County commissioner 12/23/20 +30 $1000
Dante Javaheri Candidate for state representative N/A +30 $1000
Jerry Gum, Candidate for district magistrate judge N/A +30 $1000
The following individuals failed to file the form or reports by the due date for penalty free filing. K.S.A. 25- 4152 provides that a certified notice shall be sent, and that the individual shall have 15 days from the date such notice is placed in the mail to file the report. After that date, the civil penalty is $10 per day up to a maximum of $300. The following individuals did not file in a timely manner:
Appointment of treasurer or candidate committee form Jerry Gum, Candidate for district magistrate judge 1/11/21 +30 $300
Amended July 27,2020 Receipts & Expenditures Report
Bryan Pruitt Candidate for State Senate 11/23/20 10 $100
Mark Soike Treasurer for Bryan Pruitt 11/23/20 10 $100
Stephanie Yeager Candidate for state representative 12/4/20 1 $10
Renee Leithoff Treasurer for Stephanie Yeager 12/4/20 1 $10
Janet Rine Candidate for state representative 12/7/20 4 $40
Alysa Sauceda Treasurer for Janet Rine 12/7/20 4 . $40
Samantha Poetter, Candidate for state representative 12/9 6 $60
Amanda McDaneld, Treasurer for Samantha Poetter 12/9 6 $60
Benjamin Hodge, Candidate for State Board of Education 1/10/21 25 $25 Page 2 of 2 STATE OF KANSAS
' Adminisfiation of ^^^W^^^. 9()^ ®- Kansas Avenue ^Campaign Rnance, /®*'-1**''* •^^ Topeka, Kansas 66612 ; Conflict of Interest f- —^c-""---^S^ (785) 296-4219 (phone) & Lobbying Laws |''fc£<(¥^^S^:j (785) 296-2548 (fax)
GOVERNMENTAL ETHICS COMMISSION https://ethics.kansas.gov
TO: Commission Members
FROM: Mark Skoglund, Executive Du-ector
DATE: January 27, 2021
RE: Party Committees and Political Action Committees (PAC) Civil Penalties
The following individuals failed to file the required reports by the due date for penalty free filing. K.S.A. 25-4152 provides that a certified notice shall be sent and that the individual shall have a number of days from the date such notice is placed in the mail to file the report. Central Committees & PACs having less than $2500 in contributions which report 15 days from the date of the notice are imposed a civil penalty of $10 per day the report remains unfiled, up to a maxunum of $300. For PACS havmg more than $2500 m contributions, failing to file a required report within 2 days of the notice date are imposed a civil penalty of $100 for the first day and $50 per day the report remains unfiled thereafter up to a maximum of $1000. The following individuals did not file paperwork m a tmiely manner:
NameL ______Date Filed _ __ DavsLate__ _ _ _Ain.ount
July 27,2020 Receipts & Expenditures Report Christie Schroeder, treasurer N/A +30 $300 Derby High School Democrats
October 26, 2020 Receipts & Expenditures Report Christie Schroeder, treasurer . N/A +30 $300 Derby High School Democrats
Steve Lopez, treasurer KC,KS Fraternal Order of Police Lodge #4 12/27/20 27 $270
Tim Tarkelly, treasurer Neosho CO Democratic Central Committee , N/A +30 $300
James Ward, treasurer Brown CO Republican Central Committee N/A +30 $300
Page 1 of 2 Lavonia Ragsdale, treasurer 3rd District Libertarian Party of KS N/A +30 $300
Amended January 10, 2020.. Receipts & Expenditures Report Lavonia Ragsdale, treasurer 3rd District Libertarian Party of KS N/A +30 $300
Erin Plaza, treasurer KS Society of Anesthesiologists N/A +30 $300
Amended July 27,2020 Receipts & Expenditures Report Michael Ginsberg, Treasurer Liberty Press Farm PAC 1/18/21 21 $210
Lavonia Ragsdale, treasurer 3rd District Libertarian Party of KS N/A +30 $300
Erin Plaza, treasurer KS Society ofAnesthesiologists N/A +30 $300
Amended Receipts & Expenditures Report for October 29, 2018 and January 10,2019 Erin Plaza, b-easurer KS Society ofAnesthesiologists N/A +30 $300 each
PAC registration for 2020 Merriam Langdon, treasurer KS Democratic Party Disability Caucus N/A +30 $300
Karla Lisle, treasurer Kansans for Conservative Values N/A +30 $300
PAC registration for 2018 and 2019 Karla Lisle, treasurer Kansans for Conservative Values N/A +30 $300 each
Page 2 of 2 STATE OF KANSAS
Administration of ^SiS^S^iS^. 901 s- Kansas Avenue , Campatgn Finance, ^.W GOVERNIVIENTAL ETHICS COMIVHSS10N https://ethics.kansas.gov TO: Commission Members FROM: Mark Skoglund, Executive Director DATE: January 27, 2021 RE: Lobbyist Civil Penalty The followmg individual failed to file the required report by the due date for penalty free filing. K.S.A. 46-280 provides that a certified notice shall be sent to a lobbyist failing to file any required report, and that the lobbyist shall have 2 days from the day the notice was sent to file the report. After that date, the civil penalty is $100 the first day and $50 for each subsequent day up to a maximum of $1000. The followmg individuals did not file in a timely manner: Name _ Date Filed ^ ^^^^^^^^__^^^^^^ _^ Late Amount January 10,2021 Lobbyist Employment & Expenditures Report Melissa Panettiere Blue Cross Blue Shield of Kansas 1/20/21 7 $400 Page 1 of 1 STATE OF KANSAS Administration of 901 S. Kansas Avenue .Campaign Rnance, Topeka, Kansas 66612 1 Conflict of Interest (785) 296-4219 (phone) & Lobbying Laws (785) 296-2548 (fax) GOVERNMENTAL ETHICS COMMISSION https://ethics.kansas.gov TO: Commission Members FROM: Mark Skoglund, Executive Director DATE: January 27, 2021 RE: Civil Penalty Waiver Requests Name Violation- late filing of Receipts & Expendihires Report unless otherwise noted Amount Scott Morris, District Magistrate judge candidate $ 100 Sara Woods, County treasurer candidate $ 200 Julie Fletcher Cowell, (admmistrative, report was received 10/22/20 @ SOS) Candidate for District Magistrate judge $ 250 Trevor Jacobs, Candidate for state representative $350 Thad Lauritzen, Treasurer Club 64 Firefighters PAC $ 1000 Jenny Niblock, Candidate for county commissioner $300 Steven Huebert, Candidate state representative $ 100 Amanda McDaneld, Treasurer for Samantha Poetter $60 Michael Haley Candidate for county commissioner $300 Courtney Mikesic Candidate for district judge $500 Page 1 of 2 Josh Harris Candidate for State Board of Education $ 1000 Timothy Harris Treasurer for Josh Harris $300 Kevin Barone, Lobbyist for $1400 The Human Solution, The Capitol Lobby Group, KS Pawnbrokers Assoc., KS. Naturopathic Providers, KS Massage Therapy Assoc., KS Bail Agents, Assoc. KS. Association of Oriental Medicine, CBD American, Shaman, Grown Hemp in KS, KS Farmers for Alternative Crop Page 2 of 2 From: scott morris To: KGEC Ethics Subject: Scott Morris Candidate for District Magistrate Judge Date: Saturday, November 21, 2020 5:05:22 PM :SXTERIM^K?is,em^[o!^^ ;fFom.^outside|offfi/^ ai;]^;lmKs|oE|opea|| K;3ttacfirnents^uhl^s7y^ ||^|®i|ggS|ji|^ IStffiiTOiffilgJ'ii^^^^ To Whom It May Concern: We received in the mail today Civil Penalty Assessment Order of $100.00 for failure to file the October 26, 2020 Receipts and Expenditures Report. This comes as surprise as we have been in communication with Karina Renna, State Campaign Finance Coordinator regarding this matter on an ongoing basis. While it is a fact that we failed to file the October 26, 2020 Receipt and Expenditures Report, we were not aware that this was a report we were required to file as Scott was not a candidate in the general election. Once we received notification that we must file the report we did so. In fact, I received notification on October 30, 2020 and promptly filed the report. However, not having ever completed the Receipts and Expenditures report in the past I incorrectly recorded information on the schedule. On November 5, 2020 I again spoke with Karina who clarified with me the correct schedule to complete and following her instruction I filed an amended report and terminated both the July and October reports on that day. We ask that you reconsider this $100.00 Civil Penalty Assessment Order and please let us know if there is still incomplete information on our Receipts and Expenditures report that must be taken care of. It was never our intent to mislead or fail to file information. We, however, were obviously uneducated on how to complete the report. Kindly, Paula J. Morris, Treasurer Scott B Morris, Candidate for District Magistrate Jude Paula Morris 785-969-5281 Scott Morris 785-969-5280 November 23, 2020 Governmental Ethics Commission 901 S. Kansas Avenue Topeka, Kansas 66612 • f\IQ\/ ^ ^ '^::"a^ 'vernn1e^(Qf,,,'s'"me"^c RE.; Civil Penalty sl co^ffijs^ Sir, I am requesting a waiver of the $200.00 fine for Sara Woods Candidate for County Treasurer. I am the treasure for her, Melissa Drake. If was my job to file on time and due to me going into surgery for a knee replacement on Wednesday October 7 I totally forgot about the filing until I returned to work and found your ..letter in my desk. I rectified it as soon as possible. If you require proof of the surgery I can send you either bills or my insurance statement. Sincerely, lelissg Drake Treasurer for elect Sara Woods November 27, 2020 ^^^ To the Governmental Ethics Commission: ^ Governmental Ethics Commission I, Trevor Jacobs, request that the civil penalty o£.$3 50.00 be overturned and w%ved>, Due to the fact that the Receipts & Expenditures Report from my campaign was due on the 26fh of October and there is an additional 48-hour grace period. (K.S.A. 25-4152 The candidate shall be liable for a civil penalty of '$100 for the first day the report is more than 48 hows late md $50 for each subsequent day the report is late, but in no case shall the civil penalty exceed $1,000. The commission may waive, for good cause, payment of any civil penalty imposed by this section.) The Receipts & Expenditures Report was mailed out on October 23, 2.020, 3 days before the October 26, 2020 deadline and 5 days with the combined 48-hour grace period according to the Federal Post mark date on fhe Trevor Jacobs R&E Report. (J have also inserted a photocopy from the Kansas Secretary of State's office of the envelope that the report was mailed in.) Now with the Kansas Secretary of State office receiving my Receipts & Expenditures Report on November 4fh, it was a matter of mishandlmg and ctreumstances that were out of any one person's control. Clearly the United States Postal Office was experiencmg an extra demand and delivery payload upon their services, and simply did not deliver fits wd other parcels ©f importance m an exponential time frame. On the part of my Treasurer and my Campaign there is no negligence and no malicious disregard for the statutes of the state of Kansas. The fact is my Receipts .& Expenditures Report was mailed out ia the appropriate time j&ame and. ckarly "was either lost or misplaced in the mail and was received late by no fault of anyone. In all the years of my Campaign filing reports, not one time has there been a deadline not met. Therefore, I submit this request to the Commission in good conscience and for good cause asking for the decision to resc.md the civil penalty that is against my Campaign of $350.00 to be waived. Respectfully, Trevor Jacobs 1927LocustRD Fojrt Scott, KS 66701 From; [email protected] To: KGEC Ethics CG! t!auntzen(a>iaff64.ora Subject! Civil Penalty to Club 64 Fireflghters Date; Wednesday, November 25, 2020 12:28:19 PM £ZIEKMM:,;C[^ema^ aiiy:attac^enfs:l:UDlessyo^ Kansas Governmental Ethics Commission, I would like to take this time to apologize for this report not being returned by Oct, 26, 2020.1 was appointed Treasurer of Club 64 FF in June. Our report was filed in July and I did not realize that in an election year we needed to File a report Q.uarterly. All of our Mail goes to a PO box but it was my understanding that I had to supply an address without a PO box number and I gave my home address. My Household did receive the report notifications but I myself did not until the Certified Letter was received on 11/20/2020. I apologize for the confusion on my part and am requesting that the Civil Penalty be waived. Thad Lauritzen, Secretary-Treasurer International Association of Fire Fighters, Local 64 7540 Leavenworth Road PO Box 6243 Kansas City, KS 66106 913-788-8839 (office) 913-788-8852 (fax) 913-449-4480 (cell) NW302Q,j xss—^c«^ Jenny Niblock 1880 County Road 0 Colby, KS 67701 November.23^ 2020 Mr. MarkSkoglund Executive Director Governmental Ethics Commission 901 S, Kansas Avenue Topeka, KS 66612 Dear Mr. Mark Skoglund: The purpose of this letter is to formally request a waiver of the civil penalty assessed for failure to file an October 26, 2020 Receipts & Expenditures Report in a timely manner. I am fully aware that I did not file the report as required, I was wrongfully under the impression that I did not need to file since I did not have any expenses from the last report. I fully realize now that I should have filed with a termination at that time. My actions were simply unawareness on my part and not intended to be unlawful in any ma.nner. Between slow rural Northwest Kansas mail and I being out bftown^ your letter notifying me of this wrong doing written on October 28th was not received by myself until November, November 8, 2020. I tailed the office promptly on the morning of November 9, 2020 and completely all requirements that morning, Again, thank you for considering my request for a waiver. I have utmost respect for your office and did not intend to be noncompliant in any matter. Sincerely, From; Marshayuebert To: KGEC Ethics Subject! Re: treasurer report 90th Date:~ Friday, December 4, 2020 3:54:52 PM |£%TEKA^^ThisiemaU.^ any,;attacKments:^ '.i&^^i. Sherry, thank you for forwarding my treasurers report last month. I did get a registered letter for bemg one day late. I talked to somebody last week and they said I could email a request to waive the $100 penalty. My wife has been my treasure for the last 20 years and is very conscientious about getting reports turned in on time. This year we were dealing with health issues in our family. Both Covid and non-Covid related and things were very hectic at the tmie the report was due. We did work on the report on the day it was due but did not get it done until that evening. I told my wife we could fax it in the next morning. I thought there was a one day grace period. The first attempt was faxed to the wrong number. Which was why we had to resend it to you when we did. We had originally also faxed the report to the Sedgwick county election department who had also forwarded it to you. Thank you for considering my request to waive the penalty and let me know if there's anything else I need to do. Steve Huebert. On Man, Nov 2, 2020 at 10:17 AM KGEC Ethics Report has been received and forwarded to appropriate staff. Respectfully, Shewy, Sherry Fergel Office Manager Governmental Ethics Commission 785-296-4219 Sherry.P.FergeKSiks.gov Website: https://ethics.kansas.gov From: Marsha Huebert Please confirm receipt. Warm Regards, Marsha Huebert, ABR,CRS,Realtor Coldwell Banker Plaza I 316-253-6177 www.MarshaHuebert.com Ready to move? Get my @Homesnap app to access accurate, up-to-date real estate listings. httDS://www.homesnan.com/Marsha-Huebert *NOTICE: Coldwell Banker Plaza Real Estate does NOT send wiring instructions via email. If anyone from our organization is requestmg a wire b-ansfer, please call them directly* Management assumes no liability for failing to do this. Thank you. Warm Regards, Marsha Huebert, ABR,CRS,Realtor Coldwell Banker Plaza 316-253-6177 www.MarshaHuebert.com Ready to move? Get my@Homesnap app to access accurate, up-to-date real estate listings. https:/Avww.homesnap.com/Marsha-Huebert *NOTICE: Coldwell Banker Plaza Real Estate does NOT send wiring instructions via email. If anyone from our organization is requesting a wire transfer, please call them directly* Management assumes no liability for failing to do this. Thank you. ^il/M^ Mf IW1L ^6r ^M^^l^^s*^- Renna, Karina [KGEC] From: Amanda McDaneld EXTTfi/VAi: This email originated from outside of the organization. Do not click any links or open any attachments unless you trust the sender and know the content is safe, Dear Ms. Karina I am sending this email in regards to the Treasurer Position on Ms. Poetter's campaign following our phone conversation this morning. I am aware that I was listed as the treasure when she submitted the paperwork to run. On Monday, June 8th, 2020 I informed Ms. Poettervia text message that I would not be fulfilling the role of treasurer, She stated that she would have it changed "next week". On Saturday, October 10th, 2020, I sent Ms. Poetter a photo via text message of the letter dated 10-01-2020 from the Governmental Ethics Commission asking if she ever got it changed over, referring to the treasurer position, She stated via text message."! thought I did, Let me go into the system to confirm." I would like this to record that I have never handled any donations or money for Ms, Poetter's campaign, nor have I ever spent any campaign funds or seen/received any receipts for any expenditures. The address that was listed for me in Paola, KS is my mother's home address, I wish all future mail for me be sent to my address, 312 Huckstep Ave, Stafford, VA 22556, I have informed Ms. Poetter that the amended July report needs to be submitted and that since December 4th, 2020 a $10 daily fine has been and will be incurring until it is submitted. I also informed her the January report is due soon. I also informed her either she needed to submit a new form for a new treasurer or I need to send a letter of resignation in. If you have any further questions or need clarification, please feel free to contact me at 913,731.6603. Best Regards, Ajnanda M.eDaneld =LJ. i^~^-ar^t~KT^ mni? K ^T^ E' ^ 1^ ^ I I h- L i^t, ! r^ t^l^t i FFIL!I ! ^ 1?>M ! 901 B, Kansas Avenus ^C9, Topeka, Kansas 66612 .erast (785) 296-4219 (phone) j Laws (785) 296-2543 (fax) GOVERNMENTAL ETHICS COMIVHSSION littps://ethics,kansas-gov October 28, 2020 Michael Haley • •. •; ;.-. Candidate for County. Commissioner: 99 N155 Rd • DelphosKS 67436 : NOTIFICATION OF FAILURE TO FILE THE OCTOBER 26, 2020 RECEIPTS & EXPENDITUKES REPORT la cliecking with fhe Connty Clerk/County Election Commissioner, we have been informed tiiat your campaign has failed to file the July 27,2020, Receipts & Expenditures Report as required by law. The report must be completed and filed withia five (S) days from fhe date of Ids notice to prevent a formal complamf from bemg filed which can result mcivU tmes." Failure to file the report -mfhm two days wffl result m the assessment of civil penalties. As provided by 2018 K.SA. 25-4152, you have until October 30, which is 2 days from the date of this notice, to comply with the reporting requirements before a civil penalty is rmposed. The aufom.aticaUy-im.posed civil penalty is $100 for the first day and $50 per day thereafter for each day the required report remains uafiled. No civil penalty shall exceed $1,000. Additionally, if the report remains unfiled after 15 days, or after November 12, 2020, the treasurer will also be assessed a .civil penalty of $10 per day not exceed $300. Also, there are crhmna] penalties for mtentionaUy failing to file the report. Pursuant to K.S.A. 25-4167, the uitentional failure to file fhe required report is a class A misdemeanor. In addition, you may not accept contributions or make expenditures until the required report has been filed. File the required report witiun five (5) days with the County Clerk/Couaty Election. Commissioner. Iffhe report is not'filed. within, two (2) days, civil penalties will be imposed, As provided by law, a copy of tins notice has been. made a part of your record in the County Clerk/Coimty Election Commissioner's Office. Additional iDfomiation and assistance may be obtained by •writmg or calling this office. Sincerely, vW^. RE: Courtney Mikesic Candidate for District Court Judge Dear Mr. Skoglund, This letter is to serve as a Petition for Waiver of Penalty for Judicial Review in response to the Civil Penalty Assessment Ordered November 18, 2020 against Courtney Mikesic, Candidate for District Judge. It is also a request to be present at the hearing. During the months of October and November Wyandotte County Kansas was under strict "Stay at Home Orders," implemented by its Mayor and Health Department as COVID numbers surged greater than the rest of the State. Mail was delayed for days at a time and in some cases not delivered or received at all. In this specific case, we experienced a four (4) day delay of receiving the notification of "Failure to File." Timeline: 10.27.20 (Tuesday) letter states it was sent from Governmental Ethics Commission Office 10.31.20 (Saturday) letter was received by Treasurer for Candidate Mikesic, four (4) days later 11.02.20 (Monday) Treasurer calls and speaks to Governmental Ethics Commission Office. During that phone call the Treasurer notifies office that letter states "failure to file report within two (2) days will result in the assessment of civil penalties." Treasurer also notifies the Governmental Ethics Commission Office that the letter states "the report must be completed and filed within five days from the date of this notice." The Treasurer contacted the Governmental Ethics Commission Office on November 2, 2020 and during that call explained the campaign was made aware of the late filing on Saturday, Oct. 31st, 2020 and in response the Treasurers was told to "notworrv_about the timelines and just make sure vou qet the report filed within the next 7-10 days and you won't have a Rrobjem. " The Treasurer for Candidate Mikesic followed the instructions and filed the report promptly the following weekend, Saturday, Nov. 7, 2020 (within "7-10 days"). It was believed that all filing deficiencies were corrected at this time. A review of this Campaign's filing history will display an impeccable history of timely filings. It's only logically that this campaign year would be similar. The only difference was a global pandemic, delays in the mail and communication by Topeka indicating that this matter would be corrected as long as it was submitted within "7-10 days," Therefore, I request that you please review this matter and amend your decision and dismiss any fines or fees. The Campaign and Candidate Courtney Mikesic for District Judge has a history of timely reporting and great reputation. This year's delays of reports were due to a global pandemic and miscommunications with Topeka as set forth above. Sincerely, Courtney Mikesic/JeffStoppel (Campaign Treasurer) From: To: KGEC Ethics Subject! Letter Requesting Waiver of Civil Penalty Date: Friday, December 18, 2020 5:37:33 PM EXTEKNAK. Suslemaiiongmafed.firom'o^ orgamzafiom.Do not clid^any, links:joTOpe)E,S any^Mclmients:^^^ Dear Mr. Skoglund, I am writing in response to your November 19, 2020 letter explaining the Governmental Ethics Commissions' review of my file and the subsequent civil penalty assessment order. I received the letter and order today, Friday, December 18,2020.I am writing to humbly request a waiver of the penalties for myself and any penalties for my father, Tim Harris, who I listed as my campaign treasurer. Let me begin by apologizing for the incredible inconvenience I have caused you and the Governmental Ethics Commission. When I checked my P.O. Box today at the post office while I was there to mail Christmas packages, I immediately saw how many letters the Commission mailed me and knew before opening the envelopes that I must have neglected something very important. I then picked up the certified mail envelope which contained the Civil Penalty Assessment Order, and called Ms. Sherry Fergel right away. Ms. Fergel was very helpful and transferred me to another helpful representative. I explained to this representative the following information: I started a write-in campaign less than two weeks before the primary election, and being new to the political world and processes, I learned that some of the first things I needed to do included opening a P.O. Box and a bank account. I did these two things, and one individual mailed me a $75.00 check, a second individual handed out flyers, and a third individual created a social media graphic. I (incorrectly) understood that reporting requirements did not apply to campaigns that raised less than a certain threshold. With this incorrect understanding and then my loss of the election, I (wrongly) concluded that I was finished with the campaign and any associated requirements. Thankfully, today I learned from Ms. Fergel and her colleague that the remaining campaign funds may be issued to a charity. This afternoon, I issued a cashier's check for the balance of the bank account to Topeka Bible Church for their Christmas Project, raising support for Project 2 Restore, a home for victims of human trafficking. Finally, this evening, I have completed the two required Campaign Finance Receipts & Expenditures Reports. Ms. Fergel and her colleague advised that I send an email to this email address to request waiver of the penalties, before sending any payment of penalties. I appreciate your consideration in waiving part or all of the civil penalties. If it is at all possible, I would appreciate any penalties levied be solely applied to me and not Tim Harris. This is solely a result of my actions and any penalties assessed should be my responsibility. I again want to express my sincere apology for the time and inconvenience that I have caused Mr. Hale, the Committee, Ms. Fergel, your other colleagues, and you. Thank you, again, for your time and consideration. Sincerely, Josh Harris 785-231-9479 From: Kevin Barone To: KGEC Ethics Cc: Kevin Barone; Dakota Loomis Subject! Ethics request Date: Tuesday, January 26, 2021 9:03:55 AM EZIE'KA^^Tliisemait^'ongma^ aSyJattacUmentsunte^^^ ^|ra||^:||:ii.:VK^|:;^|®^^ iiifis?8iiiii Mrs. Fergel, Members of the Ethics Board Re; Waiver of fines This is a fonnal request to reconsider the waiver of half, $1,400, of the $2,800 fme imposed upon me by this board. As you know I was fined for not having completed all my forms properly last year. The board sent me a letter stating if I paid half by a date certain, that would be good enough to satisfy the penalty. Unfortunately I didn't receive the letter until after the date certain had past. Then I became very ill and spent ahnost three months in the hospital, a situation I'm still recovermg from. I understand that this whole sitiation was a direct result of my own failure to properly follow the laws. I have paid the original offer of $ 1400.00 for my penalty and ask that the board waive the balance. In 21 years of lobbying this was the first time I had failed to properly follow the laws and the first time I had a penalty imposed. The sihiation has been corrected, and I contend it will not happen again. I thank you in advance for your consideration of my request to accept and pay the amount requested for the fme, and waive the balance. From the mobile desk of: Kevin Barone J.D, The CLG 785.213.1111 BEFORE THE KANSAS GOVERMENTAL ETHICS COMMISSON (Commission Use Only) MARK SKOGLUND, Executive Director, ) Kansas Governmental Ethics Commission ) Complainant ) ) Complaint No. 690 MICHAEL B. O'DONNELL U, ) Candidate for State Senate, District 25,and ) for Sedgwick County Commission, District 2s ) 610 South Sheridan ) Wichita, Kansas 67213 ) Respondent. ) J FIRST AMENDED COMPLAINT A. Complainant; Executive Director IVIark Skoglund Kansas Governmental Ethics Commission 901 S. Kansas Ave. Topeka, Kansas 66612 B. Respondent: Michael B. O'DonneU 11 610 Soufh Sheridan Wichita, Kansas 67213 C. Complaioaot alleges: Count 1—Prohibited Use of Contribution Moneys On or about January 2, 2016, in Kansas, as a candidate or treasurer of a candidate appointed under the campaign finance act, Michael B. O'Donnell did then and there use moneys received as a contribution and the use was not for (1) legitimate campaign purposes; (2) expenses of holding political office; (3) contributions to the part}' committees of the political party of which such candidate is a member; (4) any membership dues related to the candidate's campaign paid to a community service or civic organization in the name of the candidate; (5) any donations paid to any organization which is recognized as a 50l(c)(3) tax exempt organization or any religious organization, community service or civic organization, in the name of the candidate but only if the candidate receives no goods or services unrelated to the candidate's campaign as a result of the payment of such donations; (6) expenses incurred in the purchase of tickets to meals and special events sponsored by any organization the major purpose of which is to promote or Page 1 of 5 facilitate the social, business, commercial or economic well being of the local community; or (7) expenses incurred in the purchase and mailing of greeting cards to voters and constituents; to-wit gave $1,000 from Michael For Kansas contribution moneys to Colby Ranlun, in violation of K.S.A. 25-4157a(a) and punishable by assessment of a civil fine in an amount not to exceed $5,000 for the first violation, not to exceed $10,000 for the second violation, and not to exceed $15,000 for tile third violation and for each subsequent violation m addition to any other penalty prescribed under the campaign finance act, pursuant to K..S.A. 25-4181. Count 2—Fraudulent Reporting On or about February 13, 2017, in Kansas, as a treasurer, a candidate, or Gandidate committee appointed under the campaign finance act, Michael B. O'Donnell did then and there intentionally make a false material statement in a report made under the campaign finance act, to-wit: $1,000 disbursement to Colby Rankin for event help/campaiga services dated January 2, 2016, itemized on Schedule C on the Michael For Kansas amended campaign finance report for the period from January 1, 2016, through December 31, 2016, as required by K.S.A. 25-4148(a)(3), in violation ofK.S.A. 25-4168, punishable by assessment of a civil fine in an amount not to exceed $5,000 for die first violation, not to exceed $10,000 for the second violation, and not to exceed $15,000 for the third violation and for each subsequent violation in addition to any other penalty prescribed under the campaign finance act, pursuant to K-.S.A. 25-4181. Count 3—Prohibited Use of Contribution Moneys On or about January 2, 2016, in Kansas, as a candidate or treasurer of a candidate appointed under the campaign finance act, Michael B. O'Donnell did then and there use moneys received as a contribution and the use was not for (1) legitimate campaign purposes; (2) expenses of holding political office; (3) contributions to the party committees of the political party of which such candidate is a member; (4) any membership dues related to the candidate's campaign paid to a contmiuuty service or civic organization in the name of the candidate, (5) any donations paid to any organization which .is recognized as a 50l(c)(3) tax exempt organization or any religious organization, community service or civic organization in the name of the candidate but only if the candidate receives no goods or services unrelated to the candidate's campaign as a result of the payment of such donations; (6) expenses incurred in the purchase, of tickets to meals and special events sponsored by any organization the major purpose of which is to promote or facilitate the social, business, commercial or economic well being of the local community; or (7) expenses incurred in the purchase and mailing of greeting cards to voters and constihients; to-wit gave $1,000 from Michael For Kansas contribution moneys to Jonathan Dennill, m violation of K.S.A.25-4157a(a) and punishable by assessment of a civil fme in an amount not to exceed $5,000 for the first violation, not to exceed $10,000 for the second violation, and not to exceed Page 2 of 5 $ 15,000 for the tliird violation and for each subsequent violation in addition to any other penalty prescribed under the campaign finance act, pursuant to K.S.A. 25-41 81. Count 4—Fraudulent Reporting On or about February 13, 2017, in Kansas, as a treasurer, a candidate, or candidate committee appointed under the campaign finance act, Michael B. O'Donnell did then and there intentionally make a false material statement in a report made under the campaign finance act, to-wit: $1,000 disbursement to Jonathan DenniII for photography services datedJanuary 2, 2016, itemized on Schedule C on the Michael For Kansas amended campaign finance report for the period from January 1,2016, through December 31,2016, as required by K.S.A. 25-4l48(a)(3), in violation ofK.SA. 25-4168, and punishable by assessment of a civil fine in an amount not to exceed $5,000 for the first violation, not to exceed $10,000 for the second violation, and not to exceed $15,000 for the third violation and for each subsequent violation in addition to any other penalty prescribed under the campaigo finance act, pursuant to K.SA. 25-41 81. Count 5—Comingling On or about January 4, 2016, m Kansas, as a candidate or treasurer of a candidate appointed under the campaign finance act, Michael B. O'Donnell did then and there commgle contributions received by a candidate with personal funds of the candidate, to-wit: deposited $2,000 disbursed from the Michael for Kansas campaign account into Michael B. O'Donnell's personal checking account, in violation ofK.S.A. 25-4147(e), punishable by assessment of a civil fine in an amount not to exceed $5,000 for the first violation, not to exceed $] 0,000 for Uie second violation, and not to exceed $15,000 for tile third violation and for each subsequent violation in addition to any other penalty prescribed under the campaign finance act, pursuant to K.S.A. 25-4181. Count 6—Prohibited Use of Contribution Moneys On, about or between February 2, 2015, and December 27,2016, in Kansas, as a caodidate or treasurer of a candidate appointed under the campaign finance act, Michael B. O'Donnell did then and there use moneys received as a contribution and the use was not for (1) legitimate campaign purposes; (2) expenses ofho]ding political office; (3) coutributions to the party committees of the political party of which such candidate is a member; (4) any membership dues related to the candidate's campaign paid to a community service or civic organization in the name of the candidate; (5) any donations paid to any organization which is recognized as a 501(c)(3) tax exempt organization or any religious organization, community service or civic organization in the nam& of the candidate but only if the candidate receives no goods or services unrelated to the candidate's campaign as a result of the payment of such donations; (6) expenses Page 3 of 5 mcurred in the purchase of tickets to meals and special events sponsored by any organization the major purpose of which is to promote or facilitate the social, business, commercial or economic well being of the local community; or (7) expenses incurred in the purchase and mailing of greeting cards to voters and coristltuents; to-wit: gave a total of $6,400 from Michael For Kansas and M'ichael for Sedgwick County contribution moneys to David Jorgensen, in violation of K.S.A. 25-4157a(a) and punishable by assessment of a civil fme in an amount not to exceed $5,000 for the first violation, not to exceed $10,000 for the second violation, and iiof to exceed $15,000 for the third violation and for each subsequent violation in addition to any other penalty prescribed under the campaign finance act, pursuant to K.S-A. 25-4181. Count 7—Fraudulent Reporting On, about or between January 8, 2016, and February 1 3, 2017, in Kansas, as a treasurer, a candidate, or candidate committee appointed under the campaign finance act, MichaelB, O'Donnell did then and there intentionally make a false material statements in reports required under the campaign finance act, to-wit: itemized disbursements totaling $6,400 to .David Jorgensen for campaign services or accounting services, on Schedule C of the Michael For Kansas and Michael for Sedgwick County campaign finance reports, as required by K.S.A. 25- 4148(a)(3), in violation ofK.S.A. 25-4168, and punishable by assessment of a civil fine in an amount not to exceed $5,000 for the first violation, not to exceed $ 10,000 for the second violation, and not to exceed $15,000 for the third violation and for each subsequent violation in addition to any other penalty prescribed under the campaign finance act, pursuant to K.S.A, 25- 4181. Count 8—Prohibited Use of Contribution Moneys On, about or between December 15, 2015, and May 5, 2016, in Kansas, as a candidate or treasurer of a candidate appointed under the campaign finance act, Michael B. O'Donnell did then and there use moneys received as a contribution and the use was not for (1) legitimate campaign purposes; (2) expenses ofholdmg political office; (3) coirtributions to the party committees of the political party of which such candidate is a member; (4) any membersliip dues related to the candidate's campaign paid to a community service or civic organization in the name of the candidate; (5) any donations paid to any organization which is recognized as a 501(c)(3) tax exempt organization or any religious organization, community service or civic organization in the name of the candidate but only if the candidate receives no goods or services unrelated to the candidate s campaign as a result of the payment of such donations; (6) expenses incurred in the purchase of tickets to meals and special events sponsored by any organization the major purpose of which is to promote or facilitate the social, business, commercial or economic well being of the local community; or (7) expenses incurred in the purchase and mailing of greeting cards to voters and constituents; to-wit: gave a total of $2,100 from Michael For Kansas Page 4 of 5 contribution moneys to Jack Mastcrson, in violation of K.S.A. 25-4157a(a) and punishable by assessment of a civil fine in an amount not to exceed $5,000 for the first violation, not to exceed $10,000 for the second violation, and not to exceed $15,000 for the third violation and for each subsequent violation in addition to any other penalty prescribed under the campaign finance act, pursuant to K.S.A. 25-4181, Count 9—Fraudulent Reporting On, about or between January 8,2016, and February 13,2017, in Kansas, as a treasurer, a candidate, or candidate committee appointed under the campaign finance act, Michael B. O'Donnell did then and there intentionally make false material statements in reports required under the campaign finance act, to'wit: itemized disbursements totaling $2,100 to Jack Masterson for campaign services, on Schedule C on the Michael For Kansas campaign finance report, as required by K.S.A. 25-4148(a)(3), inviolatioaofK.S.A, 25-4168, and punishable by assessment of a civil fine in an amount not to exceed $5.000 for the first violation, not to exceed $ 10,000 for the second violation, and not to exceed $15,000 for the third violation and. for each subsequent violation m addition to any other penalty prescribed un(.ler-the-patiipaiga finance act, pursuant to K.S.A. 25-4181. / Signature' of-cotriplamant D. Verification: State of Kansas ) ) ss County of Shawnee ) I, Mark Skoglund, do swear (or affirm) that this complaint (and aoy accompEinsd.ng schedules and statements) has been examined by ms and to the best of my knpwlejdge, u^formati'Qn and belief is true, correct and complete. Signature Qf.cotifplaman.t Subscribed and sworn (affirmed) to before me this ay of January 2021. J^T-^f ' Notary Public My appQintment expires: ()'/1 GEC FORM, REV. 11/2016 Page 5 of 5 BEFORE KANSAS GOVERNMENTAL ETHICS COMMISSON Pursuant to K.S.A. 46-215, et seq. MARK SKOGLUND, ) Executive Director, Complainant, ) ) v. ) Complaint No.: 690 ) MICHAEL B. O'DONNELL II, ) Respondent ) J CONSENT DECREE NOW, on January 27, 2021, the above captioned matter comes before the Kansas Governmental Ethics Commission ("Commission") for a hearing, as provided in K.S.A. 25-4161, upon a complaint alleging violations of the Kansas campaign fmance act, specifically, K.S.A. 25- 4157a(a), Prohibited Use of Contribution Moneys; K.S.A. 25-4168, Fraudulent Reporting; and K.S.A. 25-4147(e), Cominglmg. Mark Skoglund appears in his capacity as executive director of the Kansas Governmental Ethics Commission and by counsel, Brett Beny. Respondent Michael B. O'Donnell II appears in person, and by counsel, Joshua Ney. The parties jointly stipulate to the facts and consent to the action set forth below, provided, that the undersigned parties agree that the Respondent's stipulation to the following proposed findings of fact are for the sole purpose of resolving the factual dispute in this matter, and are not an admission by O'Donnell for any purpose other than settlement in this matter, as provided by K.A.R. 19-7-11. -1- The undersigned Respondent acknowledges that he has received and reviewed a copy of the First Amended Complaint in this matter and submits to the jurisdiction of the Kansas Governmental Ethics Commission. The undersigned Respondent further acknowledges that he is aware of the various rights and privileges afforded by law, including but not limited to: the right to appear and be represented by counsel; the right to have all allegations against Respondent be proven upon the record by competent and substantial evidence; the right to cross-examme any witaesses appearing at the hearing against Respondent; the right to present evidence on Respondent's behalf at the hearing; and the right to a decision upon the record of the hearing. Being aware of these rights provided to Respondent by operation of law, the undersigned Respondent knowingly and voluntarily waives each and every one of these rights and freely enters into this Joint Stipulation of Facts, Waiver of Hearing before the Kansas Governmental Ethics Commission, and Consent Order with Joint Proposed Findings of Fact and Conclusions of Law, and agrees to abide by the terms of this document. The undersigned parties jointly agree that nothing in this document is intended, nor shall it be interpreted, to limit the civil or criminal remedies that may be available to Respondent, his heirs, successors, or assigns; and other affected parties. The undersigned parties acknowledge that K.S.A. 25-4184 requires the Respondent to be in violation of the Kansas campaign finance act as a condition precedent to the Respondent's entering into a consent decree. The undersigned parties further agree that this stipulation is jointly made based upon the Respondent's understanding of the requirements of Kansas law at the time of this agreement and not his understanding at the time of the acts described, and upon which stipulation the —2— commissioners may issue its report and order for purposes of settlement, as provided by K.A.R. 19-7-11. Based upon the foregoing, the Complainant and Respondent jointly stipulate that the Kansas Governmental Ethics Commission adopt as its own the Joint Proposed Fmdmgs of Fact and the Joint Proposed Conclusions of Law, as follows: JOINT PROPOSED FINDINGS OF FACT 1. The Kansas Governmental Ethics Commission ("the Commission") is an agency of the State of Kansas established pursuant to K.S.A. 25-4119a, in part for the purpose of implementing and enforcing the provisions of the Kansas campaign finance act, K.S.A. 25-4142, etseq. 2, Michael B. O'Donnell, II, ("O'Donnell") was a candidate for state office as defmed in K.S.A. 25-4143, by virtue of his candidacy for Kansas Senate in the 25 district in 2012 and remained a candidate at all times pertinent to the underlying allegations in this complaint. 3. O'Donnell was a candidate for local office as defined in K.S.A. 25-4143 by vutue of his candidacy for Sedgwick County Commission in District 2 in 2016 and was a candidate at all times pertinent to the underlying allegations in this complaint. 4. As a candidate for state and local office, O'Donnell received contributions of moneys to his respective campaigns for state and local office which he respectively maintained in "Michael For Kansas" and "Michael For Sedgwick County" campaign accounts. -3- 5. O'DonnelI did not maintain written engagement, retainer, or other employment agreements with Colby Rankin, Jonathan Dennill, David Jorgensen, or Jack Masterson. 6. On January 2, 2016, O'Donnell gave Colby Rankin $1,000 from contributions in the Michael For Kansas account purportedly for event help and campaign services which Colby Rankin admits that he did not perform nor was he ever asked to perform. 7. Although Colby Rankin received other payments in exchange for actual material work performed for the campaign, the totality of the circumstances surroundmg the January 2,2016 payment show that the payment did not correspond to actual material work for the campaign. 8. On February 13, 2017, O'Donnell filed a campaign finance report for the January 1, 2016, through December 31,2016, reporting period in which it is falsely reported that the January 2,2016, payment to Colby RanMn was for event help and campaign services. 9. On January 2,2016, O'Donnell gave Jonathan Dennill $1,000 from contributions in the Michael For Kansas account purportedly for photography services which Jonathan Dennill admits that he did not perform nor was he ever asked to perform. 10. Although Jonathan Dennill received other payments in exchange for actual work perfonned for the campaign, the totality of the circumstances surrounding the January 2, 2016 payment show that the payment did not correspond to actual material work for the campaign. -4- 11. On February 13, 2017, O'Donnell filed a campaign finance report for the January 1, 2016, through December 31,2016, reportmg period in which it is falsely reported the January 2,2016, payment to Jonathan Denrull was for photography services. 12. Colby Rarikin and Jonathan Dennill returned the $1,000 they had each respectively received from O'Donnell, who on January 4,2016, deposited the total $2,000 disbursed from the Michael For Kansas campaign account to Rankin and Dermill into his personal checking account for personal use and not for repaying a legitimate campaign debt or making any other legitimate campaign expenditure. 13. Between February 15,2015, and December 27,2016, O'Donnell gave David Jorgensen a total of $6,400 over 15 separate payments from contributions m the Michael For Kansas and the Michael For Sedgwick County contribution moneys purportedly for campaign or accounting services which David Jorgensen admits that he did not perform nor was he ever requested to perform. 14. Although David Jorgensen received other payments in exchange for actual material work performed for the campaign, the totality of the circumstances surrounding these 15 payments show that the payments did not correspond to actual material work for the campaign. 15. On January 8,2016, January 3, 2017, and February 13,2017, O'Donnell fded campaign finance reports for the Michael For Kansas and Michael For Sedgwick County campaigns which falsely reported a total $6,400 over 15 separate payments in disbursements paid to David Jorgensen was for campaign or accounting services. 16. Between December 15, 2015, and May 5, 2016, O'Donnell gave Jack Masterson a total of $1500 over 5 separate payments from contributions in the Michael For .5- Kansas contribution moneys purportedly for campaign services which Jack Masterson admits that he did not perform nor was he ever requested to perform. 17. Although Jack Masterson received other payments in exchange for actual material work performed for the campaign, the totality of the circumstances surrounding these 5 payments show that the payments did not correspond to actual material work for the campaign. 18. On January 8,2016, and February 13,2017, O'Donnell filed campaign finance reports for the Michael For Kansas campaign in which it is falsely reported that the disbursements paid to Jack Masterson were for campaign services. 19. The disbursements, referenced herem and made by O'Donnell from campaign moneys in the Michael for Kansas and Michael for Sedgwick County accounts, were not for any statutorily permitted use for contribution moneys and thus constituted personal use of campaign funds. JOINT PROPOSED CONCLUSIONS OF LAW 1. O'Donnell was a candidate for state or local office at all times relevant to the allegations in the First Amended Complaint filed in the above captioned matter as that term is defined in K.S.A. 25-4143. 2. Pursuant to K.S.A. 25-4 157a(a) personal use of contribution moneys is prohibited and may only be used for (1) legitimate campaign purposes; (2) expenses of holding political office; (3) contributions to the party committees of the political party of which such candidate is a member; (4) any membership dues related to the candidate's campaign paid to a community service or civic organization in the name 6- of the candidate; (5) any donations paid to any organization which is recognized as a 501(c)(3) tax exempt organization or any religious organization, community service or civic organization in the name of the candidate but only if the candidate receives no goods or services unrelated to the candidate's campaign as a result of the payment of such donations; (6) expenses mcurred in the purchase of tickets to meals and special events sponsored by any organization the major purpose of which is to promote or facilitate the social, business, commercial or economic well being of the local community; or (7) expenses mcurred in the purchase and mailing of greeting cards to voters and constituents. 3. Pursuant to K.S.A. 25-4148, candidates for state and local office are required to file campaign finance reports. 4. Pursuant to K.S.A. 25-4168, intentionally making a false material statement in a report made under the campaign fmance act is a violation of the act. 5. Pursuant to K.S.A. 25-4147(e), contribution moneys received by a campaign may not be comingled with personal fimds of the candidate. 6. Violation ofK.S.A. 25-4157a, K.S.A. 25-4168, and K.S.A. 25-4147(e) are punishable by civil fine in an amount not to exceed $5,000 for the first violation, not to exceed $10,000 for the second violation, and not to exceed $15,000 for the third violation and for each subsequent violation in addition to any ofher penalty prescribed under the campaign finance act, pursuant to K.S.A. 25-4181. THEREUPON, in the interest of settlement, the foregoing the parties stipulate and agree to the above findings of fact and conclusions of law and that the parties are free to make arguments and recommendations regarding the assessment of any fines which may be imposed, —7— including but not limited to: (1) guidance regarding fines previously imposed for sumlar violations for uniformity and consistency, (2) the statutory range of fines that may be imposed, (3) responding to questions of the commissioners regarding disposition, and (4) rebuttal of arguments and statements which are inaccurate or misleading. WHEREFORE, the Commission hereby approves and orders that this Consent Decree, duly signed by the parties, should be and hereby is binding on the parties and entered into the public record, BY DIRECTION OF THE COMMISSION Nick Hale, Chair/Presiding Officer Kansas Governmental Ethics Commission PREPARED AND APPROVED BY: BretlW. Berry, #15026 General Counsel Kansas Governmental Ethics "S'ommission APPROVED BY: /s/ Joshua A. Ney Joshua Ney, #24077 Counsel for Michael B. O'Donnell