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Topeka Capital-Journal

Who will blink first?

Republican leaders in the House and Senate today refused to allow Gov. Sebelius to borrow additional cash to make state payroll this Friday. From the Topeka Capital-Journal:

House Speaker Mike O’Neal, R-Hutchinson, and Senate President Steve Morris, R-Hugoton, said it would have been illegal for the State Finance Council to have authorized additional short-term debt because state officials couldn’t honestly declare the state could pay the obligation by the end of the fiscal year.

The speaker and president said the Democratic governor must first deal with the $326 million deficit-reduction bill adopted by both chambers last week. Once action is taken on Senate Bill 25, O’Neal and Morris said expenditures and revenues would likely be brought in line sufficiently to approve more debt.

From Kansas Liberty:

When combined with previous requests, this would create a total loan of $775 for fiscal year 2009, the largest certificate of indebtedness ever issued in Kansas history.

This has understandably angered Democrats and liberals in general.

For the legislative branch to hold the executive branch over a barrel like this, to actually prevent payroll and tax returns from being made, is unprecedented and inexcusable. It is wholly unaccepted for the the Republicans to extort the Governor in this manner, and it comes awfully close to an out-and-out constitutional crisis. Separation of powers guarantees the governor’s power to sign or veto a bill, and if the House and Senate doesn’t like her action, they can always override her veto.

Absolutely true. Gov. Sebelius is free to veto the budget reduction act and continue to pretend the state has money to pay its bills. And legislative leaders are free to refuse to borrow more money that can’t be paid back. So, I guess everyone is free to do as they choose.

I would note however, that I heard not one Democrat complain about the 2005 Supreme Court Decision mandating a set amount of money be spent on K-12 education. Separation of powers only seems to be relevant when you’re on the loosing side.

State Treasurer Dennis McKinney had another take on the situation:

By failing to act on the recommendation of the state budget director to shore up balances in the general fund, legislative leaders put our reputation as a reliable bill payer and our credit rating at risk.

Wrong. Unprecedented spending on the part of liberal Democrats, including McKinney and Sebelius, has put our state’s fiscal reputation on the line.

Republican’s refusing to approve more debt that no one is sure would be able to be repaid, is simply the symptom of years of overspending by legislators and out of control court mandated spending sprees.

It is high time Sebelius and liberal Democrats face reality and address the disease rather than the symptoms.

“Ethics” Commission targets private citizen

The First AmendmentTwo important articles came out today (here and here) about a scheduled January 21, 2009 Ethics Commission hearing regarding two counts against a private citizen. For what is believed to be the first time in Kansas history, the commission is charging a private citizen with two counts of “talking to the press” in violation of state statutes.

In the Kansas Meadowlark post, “1st Amendment Constitutional Right may become issue in Kansas Ethics Commission Hearing in January. Silence the accuser?”, the two counts are outlined.

Count 1. On or after Oct. 15, 2008, Kristian D. Van Meteren disclosed to Phil La Certe, blogger for KansasLiberty.com, the filing of and allegations contained in Complaint No. 422, filed by Kristian D. Van Meteren on Sept 17, 2008, amended on Oct. 8, 2008, and amended on Oct 15, 2008 …

Count 2. On or after Oct. 15, 2008, Kristian D. Van Meteren disclosed to Tim Carpenter, reporter for the Topeka Capital Journal, … [the same as in Count 1]

The complaint, brought by the commission itself rather than an outside source, is based on K.S.A. 25-4161(b).

Whenever a complaint is filed with the commission alleging a violation of a provision of the campaign finance act, such filing and the allegations therein shall be confidential and shall not be disclosed except as provided in the campaign finance act.

The commission’s charges are interesting for several reasons.

  1. The complaint was based on public campaign finance records. The records clearly show a violation of campaign finance laws. The commission could have (and should have) taken action on their own without a complaint from the public. The fact that they didn’t take action on their own is troubling.
  2. The basis of the two counts is simply that Kris Van Meteren, the citizen filing the complaint, spoke with two media outlets regarding the complaint. If Van Meteren had not filed a complaint and still spoken with these two media outlets regarding the finance violations, there would be no basis for the two charges. However, if Van Meteren had not filed a complaint, it would have allowed the commission to neither confirm or deny an investigation. How convenient for a commission that seems to be rather disinterested in fining real campaign finance violations.
  3. Hawver’s reported recently that the investigation into Umbarger was closed. According to the commission, even the closure of an investigation should not be disclosed to the public. So, how did the story get out? Did Sen. Umbarger leak the story? If so, will he be charged? Did someone within the commission leak the story? If so, will they be charged? Will the source of the Hawver story even be investigated? Ironically, if you asked the commission, according to state statute, they shouldn’t be able to tell you if they are investigating the investigation or not!!!
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Related:
KRA Blog: Ethically Challenged Commission ‘clears’ Umbarger
Kansas Liberty: Talking to press attracts Ethics Commission ire
Kansas Meadowlark: 1st Amendment Constitutional Right may become issue in Kansas Ethics Commission Hearing in January. Silence the accuser?
Kansas Meadowlark: Did Senator Umbarger violate ethics rules buying a carport with campaign money? Umbarger clairvoyant?
Kansas Liberty: New campaign finance charges leveled against Umbarger
Kansas Liberty: Primary opponent says Umbarger violated campaign finance law
Kansas Liberty: Umbarger yields to ethics pressure, repays fund

Sebelius: At the helm of a financial shipwreck

News finally broke today of what had been whispered about by legislators for a few days; the state of Kansas is broke and can’t pay its bills.

Kansas public schools only got 75% of the payments they should have received in December. The reason? It’s simple really, the state doesn’t have the cash.

“We do not have enough cash in the bank,” said Gov. Kathleen Sebelius’ budget director Duane Goossen.

And I guess it depends on your point of view what the cause of the missed payment is. According to many news outlets, it’s just a sign of the slipping economy (as opposed to massive overspending by Kansas bureaucrats.)

If signs of economic troubles weren’t already clear, here is another one. A monthly payment of $220 million split among the state’s 297 public school districts was delayed four days this week.

And what, just what, might have been done to avoid this? Well, here’s a hint, don’t spend so much!

As American’s for Prosperity’s Alan Cobb said:

“Isn’t it worth mentioning the impact of four years of large budget increases on the current budget situation? If the budget had simply increased at 5 percent, hardly a small number, each year since 2004, we would have more than $2 billion in the bank now.”

Yes, I do think it’s worth mentioning.

But apparently the Kansas press doesn’t. A Google News search turned up only a rehashed AP article and a breaking story from the Journal-World. You would think the state of Kansas literally defaulting on it’s payment obligations would be news, but not in Kansas.

Here’s something else worth mentioning that I’m sure the Kansas press won’t; this ship was run aground by none other than Gov. Kathleen Sebelius.

During her six years in office state spending has risen at astronomical rates. State obligations in the form of more bloated education spending were set in stone by hand picked Supreme Court justices and now Kansas has defaulted on payments because the governor is unwilling to cut spending when the state needed it the most.

And for my favorite quote of the day came from newly appointed State Treasurer Dennis McKinney (D), who was upset that legislative leaders finally got a clue and stopped letting bids for statehouse renovations.

“Now is the time to build highways and renovate the Statehouse because it costs the taxpayers less…”

Look, I’m no fan of the massive amounts of money wasted by public education, but don’t you think meeting our educational needs are more important than plush new offices for legislators?

You have to ask yourself, this is the guy Sebelius chose to be our next Treasurer? Another grand move on her part.

And what’s worse, she couldn’t have gotten us into this royal mess without the help of liberal Republicans.

What’s that? Moderate? I’m sorry, but moderate means just that, taking things in moderation. Voting for massive increases in spending when the state doesn’t have the money isn’t moderation.

And then, in true ‘moderate’ form, it’s all blamed on tax cuts rather than massive spending.

Here’s a newsflash for all the ‘moderates’ out there (Republican or otherwise as no politician in Kansas is a liberal according to the Kansas press); Kansans aren’t taxed too little, you spend too much!!!