Category Archives: Government

Fire Chief Paul Ballou’s Retirement

Paul Ballou with some of his family at his retirement reception. From left: Lisa Chaplin, daughter; Able Chaplin, grandson; Cheryl Ballou, wife; Ballou and Madalyn Ballou, granddaughter.

The City of Fort Scott gave a come-and-go retirement party for retiring Fire Chief Paul Ballou on Jan. 3 at Buck Run Community Center.

Ballou started as a rural firefighter in May 1990 before coming to work for the City of Fort Scott’s Fire Department.

A luncheon, along with cake served the many well-wishers who came.

A few of the well-wishers attending the retirement reception of Paul Ballou.

Displayed on a table as one entered the gym of Buck Run Community Center were photos of the fire department with Chief Ballou at the helm and a firefighters hat to hold cards for Ballou from the community.

A firefighter hat filled with cards from well-wishers.
A photo of the Fort Scott Fire Department, with Ballou front and center, was on display.

In addition to fire chief, Ballou was also made assistant city manager last year by Dave Martin, Fort Scott’s City Manager. He oversaw the city’s dispatch division and occasionally helped the city’s code enforcement department, he said.

Dave Bruner was named the new Fort Scott Fire Department Chief and assumes duties on Jan. 6.

Image may contain: 1 person, standing and text
A photo of the Fort Scott Fire Department in 2016. Center, right is Paul Ballou; center, left is Dave Bruner.

Bourbon County Commission Minutes Dec. 27

December 27, 2018                                         Thursday 9:00 am

The Commissioners met in open session with all three Commissioners, the County Counselor and the County Clerk present.

Jason Silvers with the Fort Scott Tribune was also present.

Jerad Heckman with Road & Bridge met with the Commissioners; he reported they are breaking down the crusher at the Beth Quarry and will be moving it to the Thomas Quarry and plan to be crushing there by January 11th.

Lynne reported that gravel is needed near 135th & Poplar Road.

Lynne made a motion to approve the Sugar Valley Lake Homes Association cereal malt beverage on and off premises licenses, Jeff seconded and all approved, Lynne and Kendell signed the license.

Lynne made a motion to go into a 20 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

The Commissioners held a public hearing to amend the 2018 budget; Terry Sercer said there were four funds to amend, all have revenue other than taxes and all four had higher receipts from other sources and all four had more expenses in 2018 than budgeted, (the four funds are Noxious Weed, Road & Bridge Sales Tax, County Jail Sales Tax and the Landfill). Jeff made a motion to approve the 2018 budget amendments, Nick seconded and all approved and signed the amendment. The 2018 expenses will be paid until February 15th. Once Terry Sercer receives the February reports showing the final 2018 expenses he will work on the 2018 year end transfers. Terry said he will amend the 2019 budget to allow ambulance expenses.

Terry Sercer said that the County needed to have a tax sale in order to bring in money.

Jeff made a motion to approve a $150 fee for the Clinical Lab Information Act user fee, which allows ambulance blood draws and tests in route, Nick seconded and all approved.

Jeff made a motion to give Lynne Oharah permission the authority to sign any ambulance documents required for operation, Nick seconded and all approved.

At 11:20, Lynne made a motion to break for lunch and reconvene at 2:00, Jeff seconded and all approved.

Jeff made a motion to go into a 20 minute executive session for confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships, Nick seconded and all approved, (the session included the Commissioners, Bill Martin, Ben Cole, Justin Meeks, Patty Love and Kendell Mason). No action was taken.

Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Lynne reported that over lunch he had signed contracts with OMNI, the pharmacy authorization and a contract for the transfer of software.

Jeff made a motion to give Lynne the authority to call Larry Goldberg to discuss an HVAC instrumental control audit, Nick seconded and all approved.

At 3:08, Lynne made a motion to adjourn, Nick seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

01/08/2019, Approved Date

Bourbon County Commission Minutes Dec. 20, Dec. 18

December 20th, 2018                                       Thursday 9:00 am

The Bourbon County Commission met in open session to have a meeting regarding economic development.

Lynne Oharah, Nick Ruhl, Don George, Pam Henderson, Earl Lewis, Jody Hoener, Justin Meeks, Shane Walker and Tom Metcalf met and took a ride around Bourbon County to look at potential economic development. No action was taken.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

01/08/2019, Approved Date

December 18, 2018                                         Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners the County Counselor and the County Clerk present.

Tammy Helm with the Fort Scott Tribune and Nancy Van Etten were also present.

Jody Hoener, Krista Goltra, Micah Bukowski and Lora Holdridge met with the Commissioners regarding a $12,500 wellness grant that the County is maintaining. Jody said a survey was sent out to County employees and the results of the survey will be incorporated into the wellness committees plan. Jim said some of his employees may not have filed out the survey due to the fact that they don’t have a computer; Jody said she would get a paper copy of the survey for them to fill out. Jody said the survey has nothing to do with the County insurance.  Jody said a tobacco cessation program will be held at the end of January of 2019. The goal of the wellness program is to increase productivity, improve overall health and lower absenteeism. Jeff suggested that the first meeting of every month beginning in February the agenda has 10 minutes dedicated to wellness at the beginning of the meeting.

Lynne made a motion to approve an application for AT&T to install a box in the right of way in the Industrial Park for fiber optic, they will bore 85’ across Indian Road and 70’ across Campbell Road, Nick seconded and all approved and signed the application. Nick questioned if the County charged for this service, Lynne said no, the companies are already taxed enough.

Lynne made a motion to approve an application from Verizon for the moving of 58 sites from underground to above ground, Jeff seconded and all approved. Jeff asked Jim for copies of all of the maps associated with this project.

Jim Harris asked permission to purchase an additional truck; he said when Jerad Heckman uses his truck he is left without a vehicle. Lynne asked that they wait on this until after the first of the year to decide this.

Lynne made a motion to do the end of the year transfers for 2018 once all of the bills are paid for 2018 and before the books close, Jeff seconded and all approved.

Travis Clinesmith with Murphy Tractor met with the Commissioners; he presented a quote for a John Deere JD6120E with a 22’ Diamond rear cradle boom for $113,000.00.   This is a used tractor with less than 350 hours; the County can commit to hold the mower, but does not have to buy. If purchased, the County will have to pay a difference of $14,725 after the insurance company sends a check for the tractor that was destroyed in a fire. Lynne made a motion to hold the tractor for future consideration, Nick seconded and all approved.

Lynne told Jim that a property owner between 30-40th & Eagle Road requested gravel.

The Commissioners considered a road closure petition; the petition was filed by Shawn Bates with Top Pin Holdings, LLC the legal description is as follows… Jeff questioned how close this road was to utilities. Lynne made a motion to not approve the road closure petition due to the possibility of future development, Jeff seconded and all approved.

Jeff told Jim Harris that it was reported to them that after the Road & Bridge had their Thanksgiving meal that the employees left for ½ day; Jim said that was incorrect, the employees left in the afternoon and they had their time made up before they left, which prevented overtime.

Lynne made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Clint Anderson, Justin Meeks and Kendell Mason). No action was taken.

Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Jason Findley met with the Commissioners; he requested replacement signs for no shooting on Pavey’s Ford. He said that the signs used to be there and said the property owners in the area are sitting ducks with people discharging firearms in the area. The Commissioners said they would ask Jim Harris to put up signs.

Nick made a motion to approve the emblem design for the uniforms and ambulances that Dave Bruner presented to him, Jeff seconded and all approved. Nick estimated the uniforms to cost approximately $7,000 and $1,725 for the emblems on the ambulances. Lynne said that according to Terry Sercer, the County should have some carryover money to use towards the ambulance project.

Nancy Van Etten questioned where the Commissioners were with the bridge inspection report that was previously presented; the Commissioners discussed some of the bridges that they have started making improvements on.

There was a brief discussion over the expansion of 69 Highway and the importance of it for economic development in Bourbon County.

Nancy Van Etten complimented the Commissioners; she complimented Nick on his knowledge of emergency services, Lynne on his knowledge of the budget and Jeff on his interesting questions he asks and the statistics presented to help make decisions. The Commissioners felt they accomplished a lot over the past year.

Lynne discussed the Southeast Kansas Regional Planning Commission; he said every 4 years the SEKRPC has a community development team and there is grant money awarded for economic development. He said they have gotten more aggressive in promoting economic development. Lynne said the County will develop a plan and have monthly meetings to discuss economic development. Lynne and Jody Hoener will be on the core committee.

Jeff made a motion for Lynne to sign the closing certificate bill of sale for the ambulances (a certificate for Mercy to give the County the ambulance donations, a bill of sale was needed in order to tag the ambulances), Nick seconded and all approved. Nick made a motion to allow Jody to spend up to $50 per ambulance for the title transfer, Jeff seconded and all approved. KCAMP, the County insurance carrier recommended that the County create a lease to lease the ambulances to the City for use; Justin said he didn’t think that was necessary since both the City and County are insured with KCAMP. Lynne asked Jody to call KCAMP to discuss this lease, Nick seconded and all approved.

The Commissioners said they appreciate the help Mercy has given in the ambulance transition and the ambulance donations.

The Commissioners discussed the OMNI contract; OMNI will do the ambulance billing and coding. OMNI will receive 7% of the money collected. Nick made a motion to sign two one-year contracts with OMNI; the business association agreement and the OMNI EMS billing contract, Jeff seconded and all approved and Lynne signed both contracts.

The Commissioners said without the ambulance donations from Mercy and without partnering with the City of Fort Scott the County would have had to cut services and raise taxes to fund the ambulance.

Ralph Carlson and Amanda Gilmore met with the Commissioners; Mr. Carlson said he had called the University of Kansas Health System to see if they were aware of the hospital situation in Bourbon County, they were. Mr. Carlson offered his assistance in getting a hospital back here and possibly being an investor in the mission. Nancy Van Etten asked what the next step for the hospital was; Justin said they have a good plan for the next two years, and said they have two years to come up with the next step. Jody said the community needs a sense of security that they will have health service in the future. Currently patients will not be admitted to the hospital, but maybe in the future. Jody said they were grateful for Community Health Center coming to the area. Mrs. Gilmore said she had been looking at faith based hospitals, and discussed the original mission of Mercy Hospital. She said that the churches need to be better at meeting the needs of the community. Justin said the demographic numbers are down and that the data supports it can’t be what it is now and said that Mercy didn’t want to close the hospital. Mrs. Gilmore said she felt that there are generous patrons that could help with the hospital.

At 11:54, Lynne made a motion to break for lunch and reconvene at 1:30, Nick seconded and all approved.

Nick made a motion to have a special meeting on December 20th at 9:00 am regarding economic development, Jeff seconded and all approved.

Lynne reported that on 115th and Tomahawk going north that it wasn’t an open road.

Jeff discussed the idea of a KIOSK or an information officer; he said he met with an elected official to discuss this idea as well as to discuss a compensation strategy for department heads that have followed the salary resolution. Jeff said he didn’t know where in Kansas a KIOSK had been implemented. Jeff discussed what can currently be done online; he said currently taxes can be paid online, but a username and password is required to do this. Jeff said he visited Mark McCoy with McDonalds who has recently implemented a KIOSK system; Mr. McCoy reported that it would save employees but change the rolls for the employees. Jeff suggested getting department heads together to each come up with one task of transactions that could be completed on the website. Justin suggested setting funds aside for future website improvements.

Justin reported he is still working on implementing the NRP with the AG’s office.

Jeff made a motion to go into a 30 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Lynne made a motion to give Jeff the authority to get access to CIC Budgetary fund accounting for reporting purposes, Nick seconded and all approved.

Lynne made a motion to go into a 5 minute executive session for personnel matters of individual non-elected personnel, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks and Kendell Mason). No action was taken.

At 3:40, Lynne made a motion to adjourn, Jeff seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

12/27/2018, Approved Date

Bourbon County Commission Minutes Dec. 11

December 11, 2018                                                   Tuesday 9:00 am

The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.

Tammy Helm with the Fort Scott Tribune was also present.

Jerad Heckman and Jim Harris with Road & Bridge met with the Commissioners; Jim reported they are mowing on 210th as well as Tomahawk, he said they are hauling rock to Osage Road and crushing at the Beth Quarry. Jim said that some of his employees are taking a first aid class on December 12th, (Jeff said he may participate in the class). He said they will be drilling at the Thomas Quarry next week. Jim said they will be receiving a $98,275 check from the insurance company for a tractor, (he asked that it be deposited in the Special Machinery fund) this money will be used for a replacement tractor.

Nick made a motion to sell a tire machine and a 1998 New Holland on Purple Wave, Jeff seconded and all approved.

Lynne said Loretta George complimented the patching done on 2nd street.

Jim Harris said he would be moving an employee from the Landfill to work on a motor grader in the northwest portion of the County.

Nick made a motion to go into a 30 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

Jeff made a motion to go into a 30 minute executive session for personnel matters of individual non-elected personnel, Nick seconded and all approved, (the session included the Commissioners, Lora Holdridge and Justin Meeks). No action was taken.

Lora and the Commissioners discussed the current Bourbon County fee schedule; Jeff asked Lora to review what other counties are charging for fees and then Bourbon County may need to revise its fee schedule.

Lynne made a motion to adopt resolution #24-18, the wage resolution adds an exempt position called Data Center Director with an annual salary of $3,499.99, Jeff seconded and all approved.

The Commissioners and Shane Walker briefly talked about a data center at the County. Tom Brink prepared a Data Center document; Jeff said he felt that the County needed to solicit potential data center customers and see what their needs are; Jeff felt that Tom Brink could provide guidance with this matter.

Lynne made a motion to go into a 30 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Nick seconded and all approved, (the session included the Commissioners and Justin Meeks). No action was taken.

At 12:05, Nick made a motion to break for lunch and reconvene at 1:30, Lynne seconded and all approved.

Nancy Van Etten arrived at the Commission meeting.

After lunch, Jim Harris and Jerad Heckman met with the Commissioners and reviewed the current 2018 budget figures. Jim questioned revenue reported on the reports; Kendell suggested that Jim and Patty Love meet with Terry Sercer to review the revenue reports and accounts that the revenue is coded to.

Justin Meeks said that he is working on an agreement regarding a possible donation of ambulance equipment. Jody Hoener reported that the County had received the OMNI contract for the ambulance billing services. Justin reminded the Commissioners that the County has been subsidizing the Mercy ambulance for several years, (in 2018 $311,478 has been budgeted to pay to Mercy for ambulance services). The County will continue to pay to Mercy to subsidize the ambulance January – March in 2019.

Lynne reported that he would be meeting with Terry Sercer on December 13th at 9:00 to review some funds; Jeff made a motion to allow this meeting, Nick seconded and all approved. Terry said he felt that the 2018 General fund would end the year with a good carryover balance. Terry said he felt the County needed to amend four funds due to the fact that revenue and expenses were both more than was budgeted for.

  1. Noxious Weed fund
  2. Road & Bridge Sales Tax
  3. Landfill
  4. Jail Sales Tax fund (which is the sales tax fund used to pay the debt service for the new jail)

The 2018 budgeted amendment will be on December 27, 2018 at 10:00 am.

Lynne made a motion to go into a 5 minute executive session for consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners, Justin Meeks, Kendell Mason and Terry Sercer). No action was taken.

Lynne made a motion to have a Commission meeting on December 27th instead of December 25th, Nick seconded and all approved.

Jeff made a motion to go into a 10 minute executive session for personnel matters of individual non-elected personnel, Lynne seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Lynne made a motion to give Jeff permission to meet with an elected official, Nick seconded and all approved.

Jeff made a motion to have a special meeting on December 12th at 11:00 regarding the ambulance service, Nick seconded and all approved.

Lynne made a motion to move the January 1st, 2019 meeting to January 2nd, Nick seconded and all approved.

At 4:10, Nick made a motion to adjourn, Lynne seconded and all approved.

THE BOARD OF COMMISSIONERS

OF BOURBON COUNTY, KANSAS

(ss) Lynne Oharah, Chairman

(ss) Jeff Fischer, Commissioner

(ss) Nick Ruhl, Commissioner

ATTEST:

Kendell Mason, Bourbon County Clerk

12/18/2018, Approved Date

Larned Correctional Mental Health Faciltiy Visitations Cancelled

Weekend Visitation and Programs Cancelled at Larned Correctional Mental Health Facility

 

Due to increased flu activity within the Larned Correctional Mental Health Facility, all weekend visitation and religious programs will be cancelled at both the Central and West units for the dates of Jan. 4-5.

 

The health and safety of our inmates, staff and visitors is a top priority and we appreciate the community’s cooperation during this time. For questions regarding visitation, please call (620) 625-7658.

 

 

State continues seeing growth in total tax receipts

 

 

Topeka – The Kansas Department of Revenue is seeing consistent growth in total tax receipts as it goes into the second half of Fiscal Year 2020. The state saw $756.6 million in total tax collections for December; 5.4% or $38.6 million above the estimate. These collections are 10.1% or $69.7 million more than December FY19.

 

Individual income tax collections are $316.1 million; 3.3% or $10.1 million more than estimated. The largest growth compared to the estimate came from corporate income taxes at $90.7 million; 31.5% or $21.7 million more than estimated.

 

Corporate income tax collections are 30.3% or $21.1 million more than the same month last fiscal year.

 

Retail sales tax collections were $200.9 million; 0.5% or $944,000 more than estimated. Compensating use tax collections were 2.1% or $794,100 more than estimated at $38.8 million; $821,400 more than the same month in fiscal year 2019.

Christmas Tree Pickup Jan. 3, 10, 17 and 24

The City of Fort Scott Public Works Department will be picking up discarded Christmas trees at no charge for City residents again this year. The pickup dates will occur on Friday, January 3rd, 2020, Friday, January 10th, 2020, Friday, January 17th, 2020, and Friday, January 24th, 2020.

The Public Works Department asks that you place the tree at the curbside off the street and call City Hall at 223-0550 with your address and name to schedule the pickup.

The discarded trees will be used to enhance fish and wildlife habitat in the City-owned water structure properties.

Jon Kindlesparger Retires As Golf Course Superintendent

Jon Kindlesparger stands in front of the cake that his employer, The City of Fort Scott provided for his retirement reception.

Jon Kindlesparger, 66, retired as the Woodland Hills Golf Course Superintendent as of Dec. 31, 2019.

In his 8.5 years at the golf course, Kindlesparger has seen an improvement in the course that is owned by the City of Fort Scott.

Jon Kindlesparger answers the clubhouse phone.

“The city has put some money into it,” he said. “It takes a ton of money…It was a three to four-year challenge…from not very good to playable.”

The course has been improved from “pretty downtrodden”, Kindlesparger said. “To a decent golf course now.”

“All the turf is better and in playable condition,” he said. “There is a new clubhouse and new cart shed and also playing, membership and revenue has increased.”

Golf carts that can be rented are lined up near the entrance to the Woodland Hills Golf Clubhouse.

“Jon made a ton of difference in his time,” Rex Hall, a member of the golf course and attendee at Kindlesparger’s retirement reception Dec. 30, said.  “He made it actually look like a golf course.”

Following his retirement, Kindlesparger said he will be seeing ” a lot of golf courses and a lot of lakes to fish.”

Jon Kindlesparger looks at the gift card the City of Fort Scott gave him at his retirement reception on Dec. 30 at the clubhouse.

The Fort Scott Human Resources Director Deb Needleman presented a gift card to Kindlesparger during the reception.

Woodland Hills Golf Course, 2414 S. Horton, Fort Scott.

 

Special City Meeting Sends Reponse To Kansas Attorney General

Fort Scott City Attorney Jeffrey Deane speaks to the press following the special meeting of the city commission on Dec. 30.

The Fort Scott City Commission had a special meeting on Dec. 30 to sign off on a  letter to Kansas Attorney General Derek Schmidt.

This was in response to local citizen Michael Hoyt’s protest alleging Kansas open meetings violations by the commission.

The Fort Scott City Commission, Dec. 30, 2019, during a special meeting. From left: Commissioner Randy Nichols, City Clerk Diane Clay, Commissioner Cheryl Adamson, Mayor Jeanie Parker, Commissioner Jolynne Mitchell, Commissioner Cindy Bartlesmeyer, City Manager Dave Martin and City Attorney Jeffrey Deane.

 

“I wrote on behalf of the city and commission in reply to an inquiry from Lisa Mendoza of the Kansas Attorney General’s office,” Jeffrey Deane, Lauber Municipal Law, LLC, Lee’s Summit, MO, said in an email to FortScott.Biz.  Deane is the new Fort Scott City Attorney, replacing Burton Harding.

The city response letter was approved Dec. 30 by the commission and signed.

Hoyt’s Allegations

Hoyt alleged the city commission violated the Kansas Open Meetings Act when it prepared and signed a letter objecting to the candidacy of Kevin Allen, outside of an open meeting.

“It is now a public record and to save you the time of making a KORA request of us or the attorney general, I am providing this copy for information,” Deane said in an email to FortScott.Biz.

Hoyt sent a letter to the attorney general that a “notice of objection” was prepared and signed by each member of the Fort Scott City Commission on August 23, 2019.

The allegation is that the commissioners were acting together as a governmental body for the citizens of Fort Scott, in violation of the Kansas Open Meetings Act (KOMA), according to Hoyt’s complaint.

The KOMA violation form was dated 10-10-2019 and signed by Hoyt.

To view the complaint to the attorney general, click below:

AG complaint 20191211

The City Attorney’s Response

“This allegation is baseless,” Attorney Deane noted, “in that

1) the commission, as the governing body, lacked the legal power and/or standing to contest Mr. Allen’s candidacy;

2) the August Letter was executed by five individuals, qualified under law as registered voters to lodge the contest, and not as an action of the governmental body; and

3) the provisions of KOMA did not attach to the actions of the commissioners acting on power granted to them individually by law and not in their official capacity.

For these reasons there was no KOMA violation.”

The Fort Scott City Attorney’s conclusion of the issue is as follows:

“Mr. Hoyt’s allegations stem from a flawed reading of the laws that govern this issue,” Deane states in the response to the attorney general. “The KOMA requires meetings when the governing body is transacting the business or affairs of government. As the analysis sets out above, the power and standing to raise an election contest is a personal right reserved and granted only to registered voters. A governmental subdivision such as the city, even though its duly elected governing body, lacks the legal power to lodge a
contest. As a result, the August Letter, even though signed by the five individuals that are also commissioners, could only be the expression of the individual’s power and standing to contest.”

To view the complete response, click below:

20191229 Fort Scott Reply to AG letter Final

 

Course Of Action To Be Determined

Assistant Attorney General Lisa Mendoza, who is also on the Open Government Enforcement Unit, said in the letter that once a response from the city is received, a proper course of action will be determined.

This may include further investigation, closing the matter or seeking appropriate remedy for any KOMA violations.

As a remedy, Hoyt seeks the entry of a consent order, admission of a violation and a $500 fine per commissioner, according to the letter from Mendoza.

Background Of The Issue

From Attorney Deane’s response to the attorney general:

The November 2019 Fort Scott City Commission elections were passionately contested.

Fourteen candidates filed for the city commission seats held by Commissioners Cheryl Adamson, Cindy Bartelsmeyer, and Mayor Jean Parker.

The August primary elections pared the 14 candidates down to six for the general election.

Rumors were circulating about Kevin Allen, alleging that his primary residence was his home on Brown Street, which is outside the boundary of the city limits, according to the letter from Attorney Deane.  Allen used the address of Skitch’s Hauling & Excavating, Inc., his business address,  on East 20th Street as his residence.

City ordinance and state law require candidates for city office to reside in the corporate boundaries of the city where they will hold office.

The allegation that Allen lacked the residence to hold office in Fort Scott was generally known to the electorate, including the individual city commission members, Deane’s letter stated.

“Cheryl Adamson authored the August letter, as an individual contest of Mr. Allen’s residency to hold office, to which Cindy Bartelsmeyer, JoLynne Mitchell, Randy Nichols, and Jean Parker joined,” Deane said in the response letter.

The letter could only have been brought by individual registered voters under state law and not by the city commission acting in its official capacity, Deane stated

The August letter was accepted by the Bourbon County Election Officer and a board convened for a full hearing on the matter.

The election board determined that even though Allen had several conflicting addresses in and out of the boundaries of Fort Scott, his claim of legal residence at the East 20th Street business address was sufficient to support candidacy and the election continued, according to the Deane letter.

Governor Reflects on 2019

Governor Kelly’s first year rebuilding Kansas

 

With 2019 drawing to a close, Governor Laura Kelly reflected on her administration’s accomplishments during her first year in office and addressed the work still to be done to keep Kansas on the path to prosperity.

“When I took office in January, I made a promise to the people of Kansas that I would do everything I could to rebuild our state and improve their quality of life,” Kelly said. “That promise has guided me over the course of the past year, and today I am pleased to say we have instituted bipartisan, meaningful change in 2019 that will help strengthen families across Kansas.

“Our state is on the road to recovery. This summer, CNBC described Kansas as ‘the comeback state of 2019,’ improving our standing in their annual rankings of top states for business by 16 spots – the largest jump of any other state.

While the Governor has made meaningful progress in restoring fiscally responsible budget practices, she knows that she must keep fighting for and investing in key priorities such as Kansas’ schools and infrastructure. 

“I’m proud of this, and all we have accomplished,” Kelly said. “But we still have so much to do. I promise to continue to work hard every day for every Kansan.”

  

Among the successes of Governor Kelly’s administration in 2019:

 

Education

From day one, Kelly ran on the promise of restoring school funding and becoming the “Education Governor.” Kelly highlighted the importance of investing in the school system to build a future workforce pipeline and a brighter future for all Kansans. 

On April 6, Kelly signed a bipartisan school funding bill that the Kansas Supreme Court ruled adequately funded Kansas schools. In a true victory for Kansas families, the ruling finally ended many years of costly litigation over school finance and put K-12 public schools on a stronger foundation for success.

Kelly also established the Governor’s Council on Education, which is made up of stakeholders in education, child welfare, labor, advocacy and business communities across Kansas. The Council has already issued initial recommendations designed to improve education outcomes from early childhood through postsecondary attainment; enhance workforce development; and stimulate economic growth in Kansas.

Kelly also increased funding for higher education and challenged Kansas’ Regents universities to ensure that the funding would protect Kansas college students from a tuition hike for the first time in years.

Labor

Current labor market data, for November 2019, shows Kansas maintained record low unemployment, marking its lowest rate in 40 years at 3.1%. Since November of 2018, Kansas has gained 16,800 non-farm jobs and 11,800 private-sector jobs. November estimates also indicate strong wage growth in the private sector.

 

Fiscal Responsibility

During her first weeks in office, Kelly submitted a balanced budget to the Kansas Legislature nearly three weeks ahead of schedule. The budget paid down debt, invested in key priorities like schools, highways and health care, and provided the state with the largest ending balance in a decade — all without a tax increase, as promised.

In September, Kelly established the bipartisan Governor’s Council on Tax Reform. The Council is performing an in-depth study of the state’s current tax system. In December, the Council produced a number of recommendations for a fair and sustainable tax structure.

In calling for a return to the balanced, three-legged stool approach to taxes – income, property and sales — it recommended a food sales tax rebate and return to a tax-reduction fund that would give local governments more ability to lower property taxes. Decreasing the burden placed on Kansas families by the food sales tax has always been one of the Governor’s top priorities from the first day of her campaign. 

In addition to balancing the budget, Kelly’s administration began the process of thoroughly reviewing the state’s “no-bid” contracts. The practice of “no-bid” contracts bypassed the official state bidding process designed to ensure that contracts are transparent and in the best interests of Kansans. New measures of transparency, accountability and fairness have been established within the state procurement process. Kelly has taken exhaustive steps to ensure that Kansas taxpayer dollars go toward the most qualified bidder. 

 

Child Welfare

One of Kelly’s top priorities after taking office was taking steps to rebuild Kansas’ broken foster-care system.

She first appointed a nationally renowned leader to guide the Department for Children and Families. In January, Secretary Laura Howard took the lead at DCF and immediately improved transparency within the agency and efforts to locate children who were absent or had run away. Secretary Howard made meaningful progress by also hiring dozens of new social workers needed to improve response times and handle the existing caseload. 

Kelly also signed a bill allowing Kansas to leverage millions of federal dollars to benefit programs that strengthen vulnerable children and families. The bill enables Kansas to meet the requirements of the federal Family First Prevention Services Act program, which uses funds to give Kansas families access to strong, evidence-based programs – from mental health services to substance use disorder treatment – designed to prevent the need for foster care.

 

Transportation

Kelly reduced more than $160 million in sales tax transfers from the “Bank of KDOT,” the money from the state’s transportation program. Over the past several years, more than $2 billion from this fund was used by the Legislature to pay for programs unrelated to transportation. By working toward closing the “Bank of KDOT,” the state can finally use Kansas’ infrastructure dollars to begin rebuilding deteriorated highways, complete five delayed T-WORKS projects, address critical safety needs, reinstate the local bridge repair program and create a partnership program for communities to address their infrastructure problems.   

The Governor has directed KDOT to develop a new long-term transportation plan for the state. After meeting with more than 2,000 Kansans, the proposed new FORWARD transportation plan calls for completing all T-WORKS projects, fully funding highway preservation, modernizing all modes of transportation, and providing economic development opportunities across the state.

Health Care

Kelly has made it clear that her top priority in 2020 will be expanding KanCare, the state’s Medicaid program, so that 150,000 more Kansans will have access to affordable, quality health care.

As part of Kelly’s commitment to ensuring 2020 will finally be the year we bring expansion over the finish line, Kelly established the bipartisan Governor’s Council on Medicaid Expansion.

“The group studied what worked elsewhere to help determine the best path for Kansas,” Kelly said. “The Council will submit a final report to me in early January outlining several guideposts for responsible expansion in Kansas. I call on the Legislature to carefully consider these guideposts next session as a way to pass a clean, effective bill to help the many Kansans who currently don’t have enough coverage.”

 

Economic Development

Kelly, in conjunction with Secretary of Commerce David Toland, established the Kansas “Framework for Growth” – a comprehensive strategy for economic growth in the state. A team of stakeholders, business leaders and economic development professionals from across the state will implement three phases: assessment and benchmarking; recommendations and best practices; and implementation planning. Key priorities of the Framework for Growth include business and workforce development, industry promotion and job creation. 

The Department of Commerce also re-launched the Main Street program, which is critical to the growth and revitalization of our rural communities. Prior to 2012, when Main Street was discontinued, the program had a 27-year history of building stronger communities and strengthening businesses by preserving historic commercial districts around the state. 

 

Rural Prosperity

Kelly appointed Lieutenant Governor Lynn Rogers to lead the newly-established Office of Rural Prosperity, which will develop statewide policies and initiatives for improving life in rural communities that have been neglected for far too long. 

This summer, Rogers visited 54 Kansas counties on his Office of Rural Prosperity listening tour. On the tour, he learned that key needs in rural communities include developing rural housing, investing in infrastructure and supporting hospitals. 

 

Kelly, along with Lt. Governor Rogers, urged Kansas’ congressional delegation to support the pending United States-Mexico-Canada Agreement (USMCA), due to its importance to Kansas trade and exports – and the state’s economy.

Additionally, the Kansas Department of Agriculture recently unveiled a new website to assist Kansas farmers and ranchers who are dealing with ag-related stress. The website contains resources and support to assist Kansas farmers, including help with stress management, financial and legal challenges and mental health services.

 

State Employees and Cabinet

This year, Kelly increased pay for state workers by 2.5%, without a tax increase. And after years of health insurance premium hikes, this year Kelly’s administration was able to decrease costs by 6% for families and spouses.

 

In addition, one of Kelly’s first priorities was to appoint a highly-qualified, bipartisan Cabinet focused on rebuilding state agencies that had been hollowed out over the course of the past several years.

 

The Cabinet has taken great strides to serve more Kansans and restore transparency and accountability in state government.

 

Corrections

When Kelly took office in January, the state’s corrections system was in dire straits due to overcrowding and other problems. To address the crisis in state prisons and enhance public safety, Kelly increased pay for corrections workers by 15.9%.

She also appointed several members to the new, bipartisan Kansas Criminal Justice Reform Commission, which will address systemic problems in our criminal justice system and make suggestions for change that should help ease prison crowding and reduce recidivism rates. 

 

Inclusion and Equality

On her first day in office, Kelly signed Executive Order 19-02, reinstating protections to state employees who are gay, lesbian, bisexual or transgender.

She also agreed to a court order allowing transgender Kansans to update the gender listed on their birth certificate, so it accurately reflects their identity. 

 

When Kelly took office, the state boards and commissions to which the governor makes appointments were composed of 37% women and 63% men. Now, due to Governor Kelly’s appointments and her commitment to gender parity throughout Kansas, state boards and commissions are composed of 51% women and 49% men. 

 

2020 Priorities

“There is still so much to do,” Kelly said. “I will continue traveling across the state to hear from Kansans about what is working in their communities – and what is not. Hearing from Kansans directly is how I’ve always operated. It’s the only way to get things done, and get things done right.”

“I am proud of what we accomplished, and I look forward to continuing this hard work next year.”