April 29, 2006

Did Ethics Commissioner Tim Emert Solicit Funds for the  KTRM PAC 
A Month After Joining the Ethics Commission
In Violation of State Law?

While KTRM Political Action Committee Chairman Andy Wollen signed the letter, the text of the letter (except for the postscript at the bottom) is written using first person plural pronouns, specifically:

• "We are addressing ..."

• "We are reaching ..."

• "Such an approach allows us ..."

• "We need your help ..."

• "Please let us ..."

• "we promote healthy, open debate ..."

Who are the "we" and "us" used in this letter?  The antecedents of these pronouns include Andy Wollen and the KTRM Board of Directors along the left side bar in the letterhead.  The KTRM PAC board member, Tim Emert, is also a board member of the Kansas Governmental Ethics Commission.  But how can this be?  How can a board member of the Kansas Governmental Ethics Commission be part of a solicitation for a Political Action Committee that is regulated by the Ethics Commission? Why aren't board members of the ethics commission careful to avoid any possible conflicts of interest and be beyond reproach ethically since they help guide the fairness of our state elections?

KTRM isn't a "regular" Kansas PAC, but a group of Kansas political elite that are now trying to form a new coalition with other groups across the state.  A lengthy political profile of the KTRM members can be seen online. It was a real coup, and a bit of an insurance policy, for this group to have such direct influence on the Kansas Governmental Ethics Commission by getting one of  their members to serve on the Kansas Ethics Commission Board.

The Ethics Commission web site shows that former Senator Tim Emert was appointed in January 2006 to be part of the Ethics Commission by the Senate President, who is Stephen Morris -- one of the two Senators involved in the recent possible ethics investigation case against Kansas Supreme Court Justice Lawton Nuss. If Senate President Morris is willing to discuss school finance directly with a Supreme Court member, why wouldn't he try to help his KTRM friends, who are pushing higher taxes for schools regardless of the ability for taxpayers to pay, and without regard to accountability by the school districts.  Is it possible Steven Morris tried to give his "moderate" KTRM friends some cover and more subtle control of the political process in Kansas by putting Tim Emert on the Ethics Commission?   Directly or indirectly, isn't Steven Morris part of the KTRM "we" in the letter above?

In an E-mail received yesterday, Carol Williams, Executive Director of the Ethics Commission, said "commission Emert resigned his position with the political action committee he was involved in when he was appointed to the Commission" in January 2006.  But, how could Emert legally participate in a political mailing in February after joining the Ethics Commission in January?

Kansas Law in KSA 25-4119d stipulates this:

While serving on the commission created by K.S.A. 25-4119a, and amendments thereto, no member shall: (1) Be an individual subject to the provisions of the campaign finance law or the provisions of K.S.A. 46-215 et seq. and amendments thereto administered or enforced by the commission; (2) serve as a chairperson or treasurer for any candidate or committee subject to the provisions of the campaign finance act; (3) actively solicit contributions subject to the provisions of the campaign finance act; (4) be a lobbyist as defined by K.S.A. 46-222 and amendments thereto; (5) be an officer or employee who directly participated in the making of a contract on behalf of a vendor of goods and services with the state of Kansas or any agency thereof; (6) provide services under contract to the state of Kansas or any agency thereof; (7) be a candidate for or the holder of any partisan political office; (8) be the chairperson, vice chairperson or treasurer of any county, district or state political party committee; (9) directly or indirectly solicit contributions for any partisan political party or any organization thereof or any candidate for partisan political office; or (10) endorse any candidate for any partisan political office subject to the provisions of this act.

The last item in bold was selected since Emert is an elected, Republican precinct committeeman in Montgomery County.  If an elected precinct committeeman isn't holding "partisan political office" then what is it?

Did Tim Emert violate KSA 25-4119d?  Should Emert remain a board member of the Kansas Governmental Ethics Commission?   

efg

K a n s a s M e a d o w l a r k @ e f g 2 . c o m