Topeka.  On Wednesday Kansas Supreme Court Justice Carol Beier asked the Ethics Commission whether the retention election for the position of Justice of the Kansas Supreme Court was governed by the Kansas Campaign Finance Act.

One member of the commission commented about the irony of a Supreme Court justice asking for an opinion in a legal matter.

The Commission opined that Kansas statute did not include the position of “Supreme Court Justice” in the definition of “state officer” so the Campaign Finance Act did not govern Beier’s retention election. 

Normally Supreme Court retention elections do not attract much attention, but recently Kansans for Life on their blog announced a “Fire Beier” campaign because of frustrations with several actions by Beier.

The consequence of this opinion is that both sides in Beier’s retention election can spend any amount of money and not file campaign finance reports.  One member of the commission speculated this law will likely be changed in the future.

Other matters addressed by the Ethics Commission included [page numbers are references to the document packet below]:

• In a civil fine hearing State Rep Don Hineman (R, Dighton) was fined $100 after he self-reported a violation.  See this Kansas Watchdog article and video about Hineman’s hearing.  [p. 2]
• The Commission approved an opinion requested by State Sen. Ty Masterson (R, Andover) about a business relationship involving the state. [pp. 14-17]
• The $10 civil penalty against Dorothy Beatty was waived.  [p. 12]
• Two separate $300 penalties against the Kansas Republican Party were not waived.  The Commission took no action on the request from Steve Fitzgerald. [p. 13]

The next meeting will be on March 24, a week later than usual.

Update:  Opinions 2010-02 and 2010-03 were published on pp. 4-5 of the Kansas Register on Feb. 25.

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Related

• Kansas legislators should act immediately to close a statutory gap that exempts some judicial retention votes from campaign finance laws, Lawrence Journal-World, Feb. 19, 2010.

• Feb. 2010 document packet.  Agenda, minutes from last meeting, and other materials passed out at the Feb. 2010 Kansas Governmental Ethics meeting.
  • p. 1.  Agenda
  • p. 2. Notice of Civil Fine Determination (Hineman case)
  • pp. 3-5. Minutes from Jan. 2010 meeting.
  • p. 6.  2010 Legislative Session Update (part of report by Executive Director Carol Williams)
  • p. 7.  Agency’s FY 2011 Budget
  • p. 8.  Status of Filings for Jan 10, 2010 — Receipts & Expenditures Reports
  • p. 9.  Status of Filings for Spring 2010 Elections
  • pp. 10-11.  Civil Penalty for the Late Filing of Various Forms
  • p. 12.  Request for waiver:  Dorothy A Beatty
  • p. 13.  Request for waiver:  Steve Fitzgerald, Treasurer, Kansas Republican Party
  • pp. 14-16.  Draft opinion for State Sen. Ty Masterson.
  • p. 17.  Letter for State Sen. Ty Masterson about business transaction details
  • pp. 18-19.  Draft opinion for Supreme Court Justice Carol Beier
  • p. 20.  Request for opinion from Supreme Court Justice Carol Beier
• Jan. 2010 Meeting:  State Rep Don Hineman to face ethics civil fine hearing for turning himself in, Kansas Watchdog, Jan. 21, 2010.
• Dec. 2009 Meeting:  Ethics Commission Approves Advisory Opinion, Kansas Watchdog, Dec. 17, 2010.
• Nov. 2009 Meeting:  Kansas Ethics Commission to ask legislature for law changes, Kansas Watchdog, Nov. 23, 2009.
• Sept. 2009 Meeting:  You work for the State of Kansas and a vendor gives you KU football tickets. Ethics issue?, Kansas Watchdog, Sept. 19, 2009.

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Follow us on Twitter @KansasWatchdog for live tweets from the Ethics Commission meeting:

2/17/2010

• 12:57 PM @KansasWatchdog: #ksethics First item at KS Gov Ethics meeting will be civil fine hearing with State Rep Don Hineman
• 01:27 PM @KansasWatchdog: #ksethics State Rep Hineman fined $100 for soliciting contributions in blackout period. Hineman turned himself in, is a model of how to act.
• 01:27 PM @KansasWatchdog: #ksethics Vice Chair Tim Emert is chairing the Ethics meeting today in the absence of Chair Sabrina Stanidfer.
• 01:30 PM @KansasWatchdog: #ksethics Plan to create short video of Hineman’s hearing. Commission complimented him on how he acted when he learned a mistake was made.
• 01:34 PM @KansasWatchdog: #ksethics Several civil penalties being discussed. Kansas GOP has two $300 penalties for failure to file 10/27/2009 and 1/10/2009.
• 01:37 PM @KansasWatchdog: #ksethics Two ethics opinions to be discussed. First is from Sen. Ty Masterson. Issue is conflict between gov spending and his position.
• 01:39 PM @KansasWatchdog: #ksethics 2nd opinion was requested by Sup. Ct. Justice Carol Beier about campaign finance and retention elections.
• 01:40 PM @KansasWatchdog: #ksethics Vote on Ty Masterson opinion 2010-02 passed.
• 01:41 PM @KansasWatchdog: #ksethics Ethics Commissioner comments about irony in State Supreme Court justice asking for an opinion.
• 01:43 PM @KansasWatchdog: #ksethics Kansas Gov Ethics says it has no jurisdiction over retention election of State Supreme Court justice. That’s what the law says.
• 01:45 PM @KansasWatchdog: #ksethics 5 minute closed executive session beings. I am the only one that must leave.
• 01:53 PM @KansasWatchdog: #ksethics Closed executive session extended another 5 minutes
• 02:00 PM @KansasWatchdog: #ksethics Curious. Third closed executive session begins.
• 02:05 PM @KansasWatchdog: #ksethics Open session. No motion from closed session.
• 02:09 PM @KansasWatchdog: #ksethics Elon Torrence thanked for 16 years of service on KS Gov Ethics Commission.

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Contact: Earl F Glynn, earl@kansaswatchdog.org, KansasWatchdog.org