Agenda Governmental Ethics Commission Zoom Meeting February 24, 2021 1:00 p.m.
1:00 p.m. Call Meeting to Order
Review and Approve January 27, 2021 meeting minutes
Executive Director’s Report • Zoom meeting costs reimbursement request
Civil Penalties: Candidates & Treasurers Jorge Luis Flores, Sophia Barajas, UG Commission candidate Treasurer for Jorge Luis Flores Harold Johnson, (2 reports) Rosalyn Brown, (2 reports) Candidate for 2019 UG Commissioner Treasurer for Harold Johnson Harold Zajic, Anne Zajic Candidate for State Senate Treasurer for Harold Zajic Richard Garza, Mandy Peters, Candidate for Sheriff Treasurer for Richard Garza Jan Beemer, Matthew Calcara, Treasurer/2006 Candidate State Rep. 2018 candidate for State Rep. John Whitmer, John Edmonds, Treasurer/2018 candidate for State Rep. Candidate for county commissioner Marta Edmonds, Treasurer for John Edmonds
Civil Penalties: PACs & Parties Steve Lopez, treasurer Charles Posson, treasurer KC, KS Fraternal Order of Police Lodge #4 Norton CO Republican Central PAC Committee
Lobbyist Civil Penalty George Hanna, Kansas NORML, Inc.
Civil Penalty Waiver Requests Courtney Mikesic, Christine Williams, Candidate District Court Judge Candidate for county commissioner
James Ward, treasurer Christie Schroeder ,treasurer
Brown CO Republican Central Committee Derby High School Democrats
Steve Lopez, treasurer Bryan Pruitt,
KC, KS Fraternal Order of Police Lodge Candidate for State Senate
#4 PAC
Danah Stahl,
Candidate for county treasurer
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1:30 Public Hearing Complaint No. 694, Senator Cindy Holscher
Executive Session
Date of next meeting: March 24, 2021
3:00 p.m. Adjournment
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Draft Minutes Governmental Ethics Commission Memorial Hall auditorium 120 SW 10th St. 2nd floor January 27, 2021 1:00 p.m.
Members Present Staff Present Jerome Hellmer, Vice Chair Mark Skoglund, Executive Director Patty Dengler Brett Berry, General Counsel Jane Deterding Sherry Fergel, Office Manager Amy James Kyle Krull Ken Moore Todd Scharnhorst John Solbach
The regular monthly meeting of the Governmental Ethics Commission was called to order at 1:03 p.m. by Vice Chair Hellmer.
Vice Chair Hellmer requested that Mr. Skoglund introduce Commissioner Dengler, as this was the first in person meeting held since her appointment.
Minutes Commissioners reviewed the minutes from the November 18, 2020 and January 20, 2021 meetings. Mr. Krull moved to approve the November 18, 2020 meetings minutes as written. Mr. Scharnhorst seconded the motion. The motion passed unanimously. Ms. James moved to approve the January 20, 2021 meetings minutes as written. Mr. Moore seconded the motion. The motion passed unanimously.
Executive Director Report
Mr. Skoglund presented the findings compiled by the Coalition for Integrity, a non-profit organization which evaluates anti-corruption measures in each state. In the 2020 report for States With Anti-Corruption Measure for Public Officials (S.W.A.M.P.) Kansas ranked 5th in the nation for the strength of its ethics laws.
Mr. Skoglund reported the status on the January 10, 2021 Receipts and Expenditures Report for candidates, party committees and PACs. This included the number required to file, the number of failure to file notices sent and the number of reports outstanding. Discussion continued.
Civil Penalty Assessment Orders Commissioners reviewed civil penalty assessments for the late filing of the following reports:
July 27, 2020 Receipts & Expenditures Report Jerry Gum, candidate for District Magistrate Judge $1000
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October 26,2020 Receipts & Expenditures Report Dakota Williams, candidate for county commissioner $200 Timothy Harris, treasurer for Josh Harris $300 Lauren Karlin, treasurer for Timothy Reed $300 Anne Zajic, treasurer for Harold Zajic $300 Danah Stahl, candidate for county Treasurer $1000 Richard Garza, candidate for sheriff $1000 Mandy Peters, treasurer for Richard Garza $300 Christine Williams, candidate for county commissioner $1000 Dante Javaheri, candidate for county commissioner $1000 Jerry Gum, candidate for District Magistrate Judge $1000
Appointment of treasurer or candidate committee form Jerry Gum, candidate for District Magistrate Judge $300
Amended July 27, 2020 Receipts & Expenditure Report: Bryan Pruitt, candidate for State Senate $100 Mark Soike, treasurer for Bryan Pruitt $100 Stephanie Yeager, candidate for State Representative $10 Renee Leithoff, treasurer for Stephanie Yeager $10 Janet Rine, candidate for State Representative $40 Alysa Sauceda, treasurer for Janet Rine $40 Samantha Poetter, candidate for State Representative $60 Amanda McDaneld, treasurer for Samantha Poetter $60 Benjamin Hodge, candidate for State Board of Education $250
July 27, 2020 Receipts & Expenditures Report Christie Schroeder, treasurer $300 Derby High School Democrats
October 26, 2020 Receipts & Expenditures Report Christie Schroeder, treasurer $300 Derby High School Democrats Steve Lopez, treasurer KC, KS Fraternal Order of Police Lodge #4 $270 Tim Tarkelly, treasurer Neosho CO Democratic Central Committee $300 James Ward, treasurer Brown CO Republican Central Committee $300 Lavonia Ragsdale, treasurer Third District Libertarian Party of Kansas $300
Amended January 10, 2020 Receipts & Expenditure Report: Lavonia Ragsdale, treasurer Third District Libertarian Party of Kansas $300 Erin Plaza, treasurer KS Society of Anesthesiologists $300
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Amended July 27, 2020 Receipts & Expenditure Report: Michael Ginsberg, treasurer Liberty Press Farm PAC $300 Lavonia Ragsdale, treasurer Third District Libertarian Party of Kansas $300 Erin Plaza, treasurer KS Society of Anesthesiologists $300
Amended October 29, 2018 & January 10, 2019 Receipts & Expenditure Report: Erin Plaza, treasurer KS Society of Anesthesiologists $300 PAC registration for 2020 Merriam Langdon, treasurer KS Democratic Party Disability Caucus $300 Karla Lisle, treasurer Kansans for Conservative Values $300
PAC registration for 2018 & 2019 Karla Lisle, treasurer Kansans for Conservative Values $600
January 10, 2021 Lobbyist Employment & Expenditures Report Melissa Panettiere Blue Cross Blue Shield of Kansas $400
Civil Penalty Assessment Orders will be mailed to the above listed individuals.
Waiver requests for Civil Penalty Assessments
Paula Morris, treasurer for Scott Morris, candidate for District Magistrate judge, submitted an email requesting waiver of the civil penalty for the late filing of the October 26, 2020 Receipts & Expenditure Report. Discussion ensued. Mr. Skoglund recommended approval of the request. Mr. Solbach made a motion that civil penalty be waived in its entirety. Mr. Moore seconded the motion. There was no discussion. The motion passed with Ms. Deterding voting no.
Melissa Drake, treasurer for Sara Woods, candidate for County treasurer, submitted an email requesting waiver of the civil penalty for the late filing of the October 26, 2020 Receipts & Expenditure Report. Mr. Skoglund commented that waivers including medical concerns are often waived but had no specific recommendation. Ms. James made a motion to waive the civil penalty. Mr. Moore seconded the motion. The motion passed unanimously.
Trevor Jacobs, candidate for state representative, submitted a letter requesting waiver of the civil penalty for the late filing of the October 26, 2020 Receipts & Expenditure Report. Mr. Skoglund said that there had been issues with mail and the candidate also filed electronically in order to comply and recommended approval of the waiver request. Ms. James made a motion to waive the civil penalty in its entirety. Mr. Krull seconded the motion. The motion passed unanimously.
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Thad Lauritzen, Treasurer for the International Association of Firefighters, Local No. 4 submitted an email requesting a waiver of the civil penalty assessed for the late filing of the October 26, 2020 Receipts & Expenditures Report. Mr. Skoglund had no specific recommendation, but not a complete waiver of the civil penalty. Discussion ensued. Mr. Solbach made a motion to waive half of the civil penalty if half was paid in 30 days. Mr. Moore seconded the motion. The motion passed unanimously.
Jenny Niblock, candidate for county commission, submitted a letter requesting waiver of the civil penalty for the late filing of the October 26, 2020 Receipts & Expenditure Report. Mr. Skoglund had no specific recommendation. Ms. James made a motion to waive the civil penalty in its entirety. Th motion died for lack of a second. Ms. James amended the motion to waive half of the civil penalty if half was paid within 30 days. Mr. Solbach seconded the motion. The motion passed with Ms. Deterding voting no.
Steve Huebert, candidate for state representative, submitted an email requesting waiver of the civil penalty for the late filing of the October 26, 2020 Receipts & Expenditure Report. Mr. Skoglund commented that waivers including medical concerns are often waived but had no specific recommendation. Mr. Scharnhorst made a motion to waive the civil penalty in its entirety. Ms. Dengler seconded the motion. The motion passed unanimously.
Amanda McDaneld, treasurer for Samantha Poetter, candidate for state representative, submitted an email requesting waiver of the civil penalty for the late filing of the October 26, 2020 Receipts & Expenditure Report. Mr. Skoglund had no recommendation. The Commission took no action on the request.
Michael Haley, candidate for county commissioner submitted a letter requesting waiver of the civil penalty for the late filing of the October 26, 2020 Receipts & Expenditure Report. Mr. Skoglund had no specific recommendation. Mr. Moore made a motion to waive half of the civil penalty if half was paid within 30 days. Mr. Scharnhorst seconded the motion. The motion passed unanimously.
Courtney Mikesic, candidate for District Magistrate judge, and Jeff Stoppel, treasurer, had submitted an email requesting a continuance for review of the waiver request submitted for the late filing of the October 26, 2020 Receipts & Expenditure Report. Discussion ensued. Mr. Skoglund recommended approval of the request. Mr. Solbach made a motion to table the discussion until the February Commission meeting. Mr. Moore seconded the motion. The motion passed unanimously.
Josh Harris, candidate for the State Board of Education, submitted an email requesting a waiver of the civil penalty assessed for the late filing of the October 26, 2020 Receipts & Expenditures Report for himself and his treasurer, Tim Harris. Mr. Skoglund reviewed the request and noted that Mr. Harris was a write in candidate. Write in candidates are less likely to understand their obligations for reporting. Discussion ensued. Ms. James made a motion for the civil penalty assessed for candidate Josh Harris, to waive three quarters of the civil penalty if $250 was paid in
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30 days. Mr. Solbach seconded the motion. There was no further discussion. The motion passed with Ms. Deterding voting no. Ms. James made a motion for treasurer Tim Harris, to waive half of the civil penalty if $150 was paid in 30 days. Mr. Moore seconded the motion. There was no further discussion. The motion passed unanimously.
Kevin Barone, lobbyist for The Human Solution, The Capitol Lobby Group, Kansas Pawnbrokers Association, Kansas Naturopathic Providers, Kansas Massage Therapy Association, Kansas Bail Agents Associations, Kansas Association of Oriental Medicine, CBD American Shaman, Grown Hemp in Kansas and Kansas Farmers for Alternative Crop had been assessed a civil penalty of $2800 for the late filing of the February 10 and March 10, 2020 Lobbyist & Expenditure Reports. Mr. Barone submitted a waiver request which was reviewed at the June 24, 2020 commission meeting. He was granted a conditional waiver of $1400 of the $2800 if $1400 was paid in 30 days. The payment was received January 13, 2021. Mr. Barone submitted a waiver request regarding the remaining $1400. Mr. Skoglund summarized the waiver request. Discussion ensued. Mr. Skoglund had no objection to extending the time for payment to be made and waiving the remaining $1400. Mr. Solbach made a motion to extend the time for payment. Mr. Moore seconded the motion. There was additional discussion. The motion passed unanimously.
Public Hearing Complaint No. 690 The Public Hearing on Complaint No. 690, Complainant Mark Skoglund vs. Respondent Michael B. O’Donnell was called to order at 1:35 p.m. by Mr. Solbach, appointed as Hearing Officer by Vice Chair Hellmer. The hearing was recorded. Hearing Officer Solbach stated that normally the hearing procedures would be presented at this time; however, as there is a consent decree, he would forego instruction. Hearing officer Solbach asked both counsels to present appearances. Mr. Berry stated he, general counsel for the Kansas Governmental Ethics Commission appearing on behalf of Complainant Mark Skoglund, who appears in person. Counsel for the Respondent, Joshua Ney, stated appearances, Respondent Michael O’Donnell, appears in person and with counsel. Mr. Berry stated that the consent decree was the result of discussions between the parties. It sets forth the Respondent’s rights and obligations and the parties’ understandings of the law. It provides a joint proposed findings of fact and conclusions of law in regard to the Respondent, and whether he has violated the law on that basis. Hearing Officer Solbach asked if the Respondent had any comments to present to the Commission regarding the consent decree.
Mr. Ney stated that he did wish to respond; however, before addressing the consent decree, Mr. Ney asked to address a preliminary procedural matter. After speaking with Mr. Berry before today’s meeting, regarding a possible conflict of interest with a Commissioner. He was advised to make a formal motion to ask a Commissioner to recuse themself from the proceedings. Hearing Officer Solbach asked what the conflict was and with which Commissioner. Mr. Ney stated it was Jane Deterding and could describe the nature of the conflict. Hearing Officer Solbach asked Ms. Deterding if she knew what Mr. Ney was speaking about, and if she thought she should recuse herself, noting she was not required to do so. Ms. Deterding replied she knew what he spoke of and had no doubt that she could be fair, being trained as a lawyer, had no concern that she could be impartial. Hearing Officer Solbach stated that counsel
Page 5 of 8 could make any argument that he wanted, but as Ms. Deterding did not want to recuse herself, she would not be recused. Mr. Ney wanted to state for the record that he was not questioning Commissioner Deterring’s ability to remain impartial or serve as a Commissioner. In any matter where there may be personal conflict in a case it is standard practice for recusal. Hearing Officer Solbach stated that it was the Commissions practice to leave that up to each Commissioner. Mr. Ney, for the record, stated the nature of his request for recusal. Hearing Officer Solbach stated that counsel had made a good record. Hearing Officer Solbach stated that as Ms. Deterding indicated she could be impartial, her judgment would be respected, should she change her mind later, that would be her choice. As of now, she remains a participating Commissioner in the hearing.
Mr. Ney, stated for the record these were his comments, and not Mr. O’Donnell’s, and did not reflect any animosity towards Ms. Deterding. Mr. Ney noted that from the beginning of the process, his client instructed him of his desire to resolve this matter. Working on a procedure to fairly bring the matter before the Commission and take responsibility of the allegations consolidated in nine counts. Mr. Ney addressed the counts in the complaint. Noting two items for the record, that the Respondent, Mr. O’Donnell had provided a full day of testimony under oath at a Federal trial in 2019. The relevance being that the Respondent’s agreed upon stipulation to the proposed findings of facts 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.
Hearing Officer Solbach stated there are two issues before the Commission. The first being whether or not to accept the consent decree. The second is whether to impose a fine if the consent decree is accepted. Discussion ensued. Mr. Ney provided clarification of details in the consent decree, noting discrepancies between the dollar amount of payments in the complaint and the consent decree. Discussion continued.
Hearing Officer Solbach asked Mr. Berry to make his closing comments for the consent decree. Mr. Berry stated that after significant discussions, both parties had agreed that this was a good deposition of this matter. The statements of fact provide a basis for the Commission to find that the Respondent had violated the Campaign Finance Act in a matter consistent with the complaint. Noting the discrepancies mentioned, with permission of the Commission, to amend counts 8 & 9 of the complaint to reflect the dollar amount of transactions to be consistent with the proposed findings of fact in the consent decree. If the amendment was granted, Mr. Berry was confident that there is sufficient basis for the Commission to find the violations had occurred. Mr. Scharnhorst made a motion to accept the consent decree. Mr. Moore seconded the motion. There was no further discussion. The motion passed unanimously.
Hearing Officer Solbach asked Mr. Berry to address the amount of civil fine to be assessed. Mr. Berry deferred to Mr. Skoglund. Mr. Skoglund gave a history of civil fines assessed for violations of the three statues in this matter by previous Commission’s orders as guidance in the current assessment. Mr. Skoglund stated as the Respondent in this hearing has received a previous fine by the Commission, the maximum fine that could be assessed for the Respondent’s violations is $10,000 per count or $90,000. Discussion continued.
Mr. Ney gave information from the Federal trial.
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With permission of the hearing officer, Mr. Skoglund responded that revisiting the circumstances of the Federal trial has no bearing on today’s hearing. Discussion continued.
Hearing Officer Solbach stated that the Respondent could be subject up to $90,000 in civil fines. Hearing Officer Solbach asked Mr. Skoglund if his statement was concluded in respect to the amount of civil fine to be imposed. Mr. Skoglund added that the statutes in this Complaint, 25- 4157a(a), prohibited use of campaign moneys and 25-4168, fraudulent reporting, are the backbone of the Campaign Finance Act. Violations of these statutes which provide transparency, undermines the public’s ability to trust the governmental decision making, the cornerstone of the Campaign Finance Act. These are significant violations. Mr. Skoglund had no recommendation in the amount of civil fine.
Hearing Officer Solbach asked Mr. Ney if he had recommendation for amount of the civil fine and reasons to back up his recommendation. Mr. Ney stated that this is an extraordinary case for a number of reasons. This has been litigated in full in Federal court in which his client was acquitted on most charges. Hearing Officer Solbach clarified that counsel is to make a recommendation for the civil fine and why that it is recommended so that the Commission can take that in consideration in deliberations. Mr. Ney’s recommendation is no more than $9,900, at issue in this case. Mr. Ney shared additional information regarding the difficulty to quantify payment to staff. This being the first time in Commission history determining how much staff should be paid.
Hearing Officer Solbach stated that a value would not be placed on that today. The consent decree agrees that certain violations occurred. The question is should a fine be imposed and if so, how much. Counsel indicated it should be no more than $9,900, please speak to that. Mr. Ney stated that the amount of the fine should be zero, or a consideration of a waiver by the Commission. Information from the previous trial for which he was acquitted should be reviewed. The fine should be $2,000 for sloppy bookkeeping and no more than $9,900. The previous violation has no relation to his culpability in this matter. Hearing Officer Solbach stated that the consent decree is a stipulation of fact, a stipulation of law. The only matter is the amount of the fine. The federal case would not be relitigated. Mr. Ney expressed that he felt there was a relation to the nature of the intent in this matter in comparison to previous violations of these laws. Mr. Ney requested the opportunity to present additional documentation which would provide an adequate description of why this particular violation warrants leniency. Hearing Officer Solbach asked if the Commission had reason to continue to hear from Mr. Ney or had questions for him. Mr. Ney answered questions from the Commission and provided a handout containing excerpts from the Federal trial. Mr. Skoglund clarified items in the consent decree and responded to questions from the Commission.
Hearing Officer Solbach asked if Mr. Ney had anything further for consideration. Mr. Ney, for the record, stated that he did have a presentation that provided information to the nature of the violations, and that his client wanted to address the Commission. Discussion continued. Respondent Michael O’Donnell made a statement to the Commission. Hearing Officer Solbach asked the Respondent if he had recommendation for civil fine amount. Mr. O’Donnell said he could make arrangements to pay $10,000. Discussion continued. Hearing Officer Solbach stated that the consent decree has been approved, but have not yet found whether there is evidence to support nine violations.
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Mr. Moore made a motion to accept the consent decree with the inferences that there are nine violations as stated in the complaint and outlined in the consent decree. Ms. Dengler seconded the motion. The motion passed unanimously. Hearing Officer Solbach stated that the consent decree had been approved and the nine violations found, the question is now regarding the civil fine. Mr. Moore commented on each of the offenses. Mr. Moore made a motion to assess a civil fine of $25,000. Ms. James seconded the motion. Discussion ensued. Mr. Scharnhorst made a substitute motion of $3,300 for each count, a total of $29,700 civil fine. The motion died for lack of a second. Discussion continued. Ms. Deterding asked if Mr. Moore would entertain a friendly amendment to the motion to increase the fine to $35,000. Mr. Moore declined. Discussion continued. Mr. Krull asked if Mr. Moore would accept a friendly amendment to the motion, to abate $12,500 of the $25,000 if $12,500 is paid within 30 days. Mr. Moore accepted the amendment. Ms. James seconded the amended motion. Discussion continued. Mr. Skoglund recommended a longer time period to make payment. Mr. Moore accepted an amendment to the motion to payment being made within 90 days. Ms. James seconded the amendment. Hearing Officer Solbach was in doubt of the verbal vote and asked for a hand count. The motion passed with Ms. Deterding abstaining.
Hearing Officer Solbach stated this matter would be referred to authorities in Wichita and the Attorney General. Mr. Krull made a motion to recommend no further action. The motion died for lack of a second. Hearing Officer Solbach closed the hearing at 3:20 pm
Executive Session At 3:25 p.m. Mr. Krull moved that the Commission recess this open meeting until 3:30 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 attorney-client relationship, as provided for in K.S.A. 75-4319(b)(2). Mr. Moore seconded the motion. There was no discussion and the motion passed unanimously.
The Commission returned to open session at 3:30 p.m.
Next meeting date Vice Chair Hellmer announced the next meeting will be held February 24, 2021 via Zoom.
Adjournment
At 3:35 p.m. Ms. Deterding moved to adjourn the meeting. Mr. Krull seconded the motion. There was no discussion and the motion passed unanimously.
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TO: Commission Members
FROM: Mark Skoglund, Executive Director
DATE: February 24, 2021
RE: Civil Penalties- Candidate & Treasurer
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:
Amended January 10, 2020 Receipts & Expenditures Report Jorge Luis Flores Candidate for 2019 UG Commissioner 2/4/21 +30 $300
Sophia Barajas Treasurer for Jorge Luis Flores 2/4/21 +30 $300
Harold Johnson Candidate for 2019 UG Commissioner 2/12/21 +30 $300
Rosalyn Brown Treasurer for Harold Johnson 2/12/21 +30 $300
Amended July 27, 2020 Receipts & Expenditures Report Harold Zajic, Candidate for Senate 2/5/21 +30 $300
Anne Zajic Treasurer for Harold Zajic 2/5/21 +30 $300
Richard Garza, Candidate for Sheriff N/A +30 $300
Mandy Peters, Treasurer for Richard Garza N/A +30 $300
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January 10, 2021 Receipts & Expenditures Report Jan Beemer 2006 Candidate for State Representative 2/11/21 6 $60
Matthew Calcara 2018 Candidate for State Representative 2/18/21 6 $130
John Whitmer Candidate for State Representative 2/19/21 6 $140
Harold Johnson Candidate for 2019 UG Commissioner 2/12/21 6 $60
Rosalyn Brown Treasurer for Harold Johnson 2/12/21 6 $60
John Edmonds Candidate for county commissioner 2/18/21 18 $180
Marta Edmonds Treasurer for John Edmonds 2/18/21 18 $180
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TO: Commission Members
FROM: Mark Skoglund, Executive Director
DATE: February 24, 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 maximum of $300. For PACS having more than $2500 in 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 in a timely manner:
Name Date Filed Days Late Amount
January 10, 2021 Receipts & Expenditures Report
Steve Lopez, treasurer KC, KS Fraternal Order of Police Lodge #4 2/11/21 4 $40
Charles Posson, treasurer Norton CO Republican Central Committee 2/12/21 5 $50
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TO: Commission Members
FROM: Mark Skoglund, Executive Director
DATE: February 24, 2021
RE: Lobbyist Civil Penalty
The following 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 following individuals did not file in a timely manner:
Name Date Filed Days Late Amount February 10, 2021 Lobbyist Employment & Expenditures Report
George Hanna Kansas Norml Inc 2/15/21 1 $100
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TO: Commission Members
FROM: Mark Skoglund, Executive Director
DATE: February 24, 2021
RE: Civil Penalty Waiver Requests
Name Violation- late filing of Receipts & Expenditures Report unless otherwise noted Amount
Courtney Mikesic, Candidate for district judge $500
Christine Williams, Candidate for County Commissioner $1000
James Ward, Treasurer, Brown CO Republican Central Committee Administrative
Christie Schroeder, Treasurer, Derby High School Democrats Administrative
Steve Lopez, Treasurer KC, KS Fraternal Order of Police Lodge #4 PAC $270 Steve Lopez, Treasurer KC, KS Fraternal Order of Police Lodge #4 PAC $40 to be assessed
Bryan Pruitt, Candidate for State Senate $100
Danah Stahl, $1000 County Commission
Page 1 of 2 December 12, 2020 Mark Skoglund Executive Director 901. S. Kansas Ave Topeka, KS 66612
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 “not worry about the timelines and just make sure you get the report filed within the next 7-10 days and you won’t have a problem. “
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/Jeff Stoppel (Campaign Treasurer) RECEIVED February 5, 2021 FEB 0 8 202 1 Governmental Ethics Commission 901 S. Kansas Ave. Topeka, KS 66612
To: Governmental Ethics Commission:
I am responding to your letter regarding my failure to file my October 26, 2020 Receipts & Expenditures Report in a timely manner. I believe the civil penalty of $1000 to be quite excessive.
I am requesting a full waiver of penalty. I did not file my expenditure report by the Oct. 261h date because I was contemplating running as a write in. I lost my district due to the lack of 40 votes. My supporters were very addiment that I run a write in campaign, in which I did not comply. I did not incur any additional expenses and would think that a zero balance would be the end of the campaign.
My ignorance regarding the statute of being assessed $1000 for a zero report is in fact only that, ignorance. Once this was explained by our county clerk I did turn in the report, after the set deadline. I do apologize, as I did not feel that a report stating a zero balance would be of any significance to anyone. I do sincerely apologize.
Sincerely,
~Christine Williams W~ ~· FEB 1 O2021 - KS ~~v • , i:omfTlission
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------I -- - 1 ------From: Bryan Pruitt To: KGEC_Ethics Subject: Request for Waiver of Campaign Finance Penalty Date: Tuesday, February 16, 2021 10:30:17 AM Attachments: P4K Fee Appeal Letter.pdf
EXTERNAL: 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 Government Ethics Commission,
Please find attached my request for waiver of a campaign finance penalty fee assessed in a letter dated to me on January 28th of this year.
I am available at this email or via phone to address any follow-up questions.
Bryan Pruitt 202.468.4281 Bryan Pruitt Primary Candidate for State Senate District 22 2910 Brookville Drive Manhattan, KS 66502
February 16, 2021
Kansas Governmental Ethics Commission Delivered via Email to [email protected]
Dear Commission,
I am writing in response to a letter dated January 28th imposing a $100 Civil penalty to my campaign and requesting waiver of this fee.
My filing error letter requesting an amended report listed missing addresses as the reason. I filed my reports electronically online in an effort to promote transparency in campaign finance so voters, media, and other interested parties could easily search information about my campaign and contributors. The online system does not require addresses to submit a campaign contribution while preparing a report. When I was made aware of this requirement during a call with GEC staff, I immediately began the process of tracking down the addresses and filing the amended report as requested, but this obviously took time. I also received this after my campaign termination report had already been accepted so I believed all matters regarding this had been closed.
The penalty assessment letter did not find error in my amended report, just the time in which it took to file. My campaign address that the request for amendment letter was sent to was a campaign office address, an office space that I no longer used after the primary election results did not turn out in my favor. Given the widely publicized delay in United States Postal Service during the Fall election season, and the fact that my campaign mail had the additional burden of having to be forwarded to my home address causing further delays in my responding to this request, I believe a waiver of this fee is in fair order.
I am not requesting to be present in person to respect COVID-19 social distancing requirements, but can participate via conference call if there are questions members of the Commission seek answers to beyond the scope of this written waiver request.
Thank you for your time and consideration.
Best regards,
Bryan Pruitt 202.468.4281 p 1/1 Citizen Bank 7858289761 >> 7852962548 2021-02-16 23:08 Sta~~
Hello Mike,
I'm writing to request a waiver for the complete $1000.00 civil penalty, that's being brought against me. I do not wish to address the Commission in person. I was contacted by Jennifer back in October, letting me know I needed to fill out a termination sheet and check the box and sign. I was told I didn't need to fill out any of the other papers because I didn't have any expenses and I just needed to let you all know I wasn't running or something is November, to terminate me. I faxed that form back, I cannot remember the ladles name that helped me. I explained to her that Jen had helped me and please make sure she gets the form, she stated she was out on vacation and would make sure she got it. I thought everything was done the way it needed to be on my end. I'm really sorry, this was my first time running for an elected position and I was unaware of me not having something in. I had completed the forms not long after I declared I was running and I thought I had done all the necessary steps/forms, I needed to, to be compliant. This was all new to me and you don't know, what you don't know. I ask questions when calling the Ethics office to make sure I was doing thinks correctly, obviously I was not according to this letter I received at the beginning of February. I'm truly sorry and I was not aware I didn't complete any forms correctly. I hope the Commission understands that this was my first time and I can't afford $1000.00 penalty for something I believe I had done and completed correctly. Thank you for your time and I'm sorry for the misunderstanding. Best Regards!
Sincerely, Danah Stahl
RE FEB 10 2021
KS Governmental Ethics Commission BEFORE THE KANSAS GOVERMENTAL ETHICS COMMISSON
(Commission Use Only)
MARK SKOGLUND, Executive Director, Kansas Governmental Ethics Commission, ) Complainant, ) ) vs. ) Complaint No.
COMPLAINT
A. Complainant: Executive Director Mark Skoglund Kansas Governmental Ethics Commission 901 S. Kansas Ave. Topeka, Kansas 66612 (785) 296-4219
B. Respondent: Cindy L. Holscher Candidate for State Senate, District 8 PO Box4781 Olathe, Kansas 66063 (913) 568-4293
C. Complainant alleges:
Count 1-Corrupt Political Advertising
On or about October 16, 2020, in Kansas, Cindy L. Holscher, a candidate as defined by K.S.A. 25-4143(a), did then and there telephone, or cause to be contacted by any telephonic means including, but not limited to, any device using a voice over internet protocol or wireless telephone, any paid matter which expressly advocates the nomination, election or defeat of a clearly identified candidate for a state or local office, to-wit: Candidate Cindy L. Holscher for State Senate, District 8, and such matter was not preceded by a statement which states: "Paid for" or "Sponsored by" followed by the chairperson or treasurer of the political or other organization
Page 1 of2 sponsoring the same or the name of the individual who is responsible therefor, in violation of K.S.A. 25-4156(b)(1 )(C) and punishable by a civil fine not to exceed $5,000 for a first violation, $10,000 for a second violation or $15,000 for a third violation as provided by K.S.A. 25-4181(a); and as a class C misdemeanor as provided by K.S.A. 25-4156(c).
D. Verification:
State of Kansas ) ) County of Shawnee )
I, Mark Skoglund, do swear (or affirm) that this complaint (and any accompanying schedules and statements) has been examined by me and to the best of my knowledge, information and belief is true, correct and complete.
plainant
Subscribed and sworn (affirmed) to before me this i_.L day of October 2020.
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My appointment expires:
(Seal)
GEC FORM, REV. 11/2016
Page 2 of2 CERTIFICATE OF SERVICE
This is to certify that on the 21st day of October 2020 the foregoing Complaint
No. 694 was deposited in the U.S. mail, first class postage prepaid and certified mail postage prepaid, sign return receipt requested, addressed to the following:
Cindy L. Holscher Candidate for State Senate, District 8 PO Box 4781 Olathe Kansas 66063
erry Fergel Office Manager Kansas Governmental Ethics Commission 901 S. Kansas Avenue Topeka, Kansas 66612 Tel. 785-296-4219 KGEC [email protected] Nov. 17, 2020 Re: Complaint #694
Members of the Kansas Ethics Commission,
Thank you for the opportunity to present the below information regarding this complaint.
On October 16, 2020, my campaign for the Kansas Senate initiated two automated telephone calls to voters in the eighth Senate district introducing myself and my candidacy. The first call reached 1999 live-answered individuals and 2613 voicemails. The second, which was narrowed to households in the California Trail Middle School area, which my three children attended, reached 387 live-answered individuals and 570 voicemails.
Unfortunately, while we did include the required “paid for” statement in both calls, we were unaware of the policy requiring that disclosure to precede the message, and included it at the end of the message in error (the scripts for those messages are below). We had just completed developing other advertising that required the tagline go at the end, so that was likely fresh on our minds.
My campaign was notified of this error during an unrelated conversation with another individual and immediately took action. While it was too late to discontinue the message, we stopped plans for a third call and adjusted the recording to comply with state standards. We also took the proactive step of alerting the Ethics Commission to this error with an email sent on the evening of October 16, 2020.
I take full responsibility for this error and apologize on behalf of my campaign. While the error was a violation ethics policy, I want to assure you that it was unintentional and purely a function of ignorance of the policy rather than any desire to mislead voters.
Please do not hesitate to reach out to me or my campaign if you have questions or would like further information. Thank you again for your time and consideration,
Regards, Representative/Senator-elect Cindy Holscher 913-568-4293
Call 1 “Hello there. This is State Representative Cindy Holscher calling. I'm reaching out to you today to let you know you'll find my name on your ballot for State Senate. As a parent to three children in public schools, I know the importance of funding education. Additionally I've worked to increase healthcare access and help our state recover from the Brownback experiment. My voting record while in the House has earned me the endorsement of all the local public school advocacy groups, healthcare organizations and Mainstream Coalition. I urge you to vote early in the election and I ask you for your support. Paid for by Committee to Elect Holscher; Susan Fitzgerald, Treasurer.”
Call 2 “Hello there. This is State Representative Cindy Holscher calling. I wanted to reach out to you because I'll be on your ballot for the general election as I'm running for the State Senate. If my name sounds familiar to you, it might be because I live close by and my kids go to California Trail and Olathe North. Or it may be because I've been in the House the last four years working on funding our schools, increasing healthcare access and helping our state recover from the Brownback experiment. I ask for your support in this election so we can help keep the state moving forward. If you need more information about advanced voting or mail ballots, please visit my website at CindyforSenateKS.com. Paid for by Committee to Elect Holscher; Susan Fitzgerald, Treasurer.”
Attachment to Commission Meeting Minutes
February 24, 2020
Motion for Executive Session
(statutory confidential matters review)
I move that the Commission recess this open meeting until ______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 attorney-client relationship, as provided for in K.S.A. 75-4319(b)(2).