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Ethics Commission

There’s nothing ethical about the Ethics Commission

There's nothing ethical about a government body that disregards the free speech rights of private citizens while breaking the law themselves.

There's nothing ethical about a government body that disregards the free speech rights of private citizens while breaking the law themselves.

The Kansas Governmental Ethics Commission today spit in the face of the law they have been sworn to up hold. The commission today declined to award Kris VanMeteren, a Topeka activist who was unlawfully sanctioned by the Commission, $17,500 in real damages. There has never been a more clear case in recent memory where a government body has gone out of its way to trample the free speech rights of a private citizen.

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Free Speech Under Attack

We learned 2 things on Wednesday:

Properly follow the rules in filing evidence of campaign finance violations. Magically see the accused “fix” the errors before Ethics investigates or holds a hearing. Ethics concludes no intentional violation happened but because a complaint was filed, the accuser cannot speak on the issue. Something doesn’t seem right and a reporter or two looks into the story so they can do their own investigation. Reporters, doing their job, report on what appears to be a whitewashing of campaign finance violations. Suddenly Ethics sees a violation and investigates a private citizen and fines him $7500 (click here to read more on that story). So much for protecting free speech, whistleblowers, or the freedom of the press. Oh, but one reporter who is absolutely certain the original charges were dismissed has never had to reveal his source for that information even though there is no way to know if no one has commented and violated the law, at least according to Ethics. Why has that source never been investigated? Perhaps because it “clears” the person they protected when they allowed him to “fix” his errors and then claimed he didn’t intentionally break the rules?

Meanwhile, in a Senate Committee meeting on this same day, a bill to protect a reporter’s source is shot down. (You can read more on that here.) I wonder what those Senators who voted against this are afraid might get said if sources could be protected from legislative inquiry?

So, here’s what you should take from this: if you have proof of violations of campaign finance law, don’t turn it in to Ethics, go public with it. And if you can’t risk being found out as the source of information, don’t tell a reporter when you see violations of the law.

Anyone else see a problem here?

Having said that, I’m going to take a risk and publicly ask – how is it that Carol Williams, Executive Director for Kansas Ethics, could acknowledge that an investigation of a private citizen was under way when acknowledging such a thing violated the law according to what she was saying the private citizen did wrong? Will we now see the Ethics Commission fine her?

Carol Williams, executive director of the ethics commission, said the board privately reviews all complaints. These preliminary assessments of evidence aren’t open to the public, she said. Neither the complainant nor the target of an allegation is permitted to comment publicly about the contents of a complaint, she said.If evidence points to a significant problem, Williams said, the commission could convene disciplinary hearings. Those are open to the public. Williams said Van Meteren might have committed a crime by speaking with The Topeka Capital-Journal about his case. A commission investigator in Topeka is looking into a possible counter complaint against Van Meteren.

As you can see above, unless the reporter made it up, Carol Williams said Kris Van Meteren was being investigated but didn’t yet know if they had probable cause to prove he violated the statute, which means she wasn’t allowed to comment! I can’t be the only person in Kansas who sees the inconsistently here, can I?

I believe it’s KSA 46-256 that they claim Van Meteren violated, but that’s also where I read that Williams can’t comment on the allegations against Van Meteren until after a hearing has been set, which I don’t believe was the case back in October.

I wonder, will anyone investigate if she broke the law? Will the legislature look into the secret goings on inside Ethics or are they more concerned with who writes $50 checks to organizations that make their actions public?

Ethics Commission fines private citizen, allows corrupt politician to walk

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The Kansas Governmental Ethics Commission today fined a private citizen $7,500 for speaking to the media about a complaint he filed against state Sen. Dwayne Umbarger for misuse of campaign funds.

As far as the public knows, no hearing was conducted regarding the charges against state Sen. Umbarger. The commission has never publicly addressed the complaints or even acknoledged an investigation, but several news sources in Kansas have previously reported that the Ethics Commission is no longer investigating Sen. Umbarger and no fines against the Senator are on record.

When emailed for comment, Van Meteren still had nothing to say.

I would love to talk to you about this issue, (but) my attorney advises me that until a higher legal authority lifts the gag order the Ethics Commission has imposed on me, I really can’t.

Is that what our state has come to? Senators can funnel campaign cash and report such violations to the Ethics Commission, essentially proving a law violation, but as long as they amend their reports to be in compliance with the law, no action is taken.

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And yet when a private citizen takes the initiative to root out corruption, wherever it may be, he is fined for his efforts by the very government commission that is supposed to be holding our politicians accountable.

For more in depth coverage, see today’s Kansas Meadowlark story.

Related Articles:

KRA Blog: Ethically Challenged Commission ‘clears’ Umbarger
KRA Blog: “Ethics” Commission targets private citizen
KRA Blog: First amendment case postponed one month
KRA Blog: Freedom of Speech defended at Ethics Hearing
Kansas Meadowlark: “Free Speech” May Cost Kansas Citizen $7500
Kansas Meadowlark: First Amendment Defense Thorny Issue for Ethics Commission
Kansas Meadowlark: Fines and other actions by the Ethics Commission at their December meeting
Kansas Meadowlark: 1st Amendment Constitutional Right may become issue in Kansas Ethics Commission Hearing in January. Silence the accuser?
Kansas Meadowlark: Ethics Commission Fines Candidate $500 and PAC $2500
Kansas Meadowlark: Did Senator Umbarger violate ethics rules buying a carport with campaign money? Umbarger clairvoyant?
Kansas Liberty: Talking to press attracts Ethics Commission ire
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

Freedom of Speech defended at Ethics Hearing

Below is the brief that was presented at the recent Ethics Commission hearing that Meadowlark describes in detail here. Brief Page 1 Brief Page 2 Brief Page 3 Brief Page 4 Brief Page 5

First amendment case postponed one month

Take a moment today and read the new Meadowlark article, “First Amendment Defense Thorny Issue for Ethics Commission.” This is an important case, not only for free speech but for a more open state government.

While here, also feel free to participate in our poll to the right. Feel free to vote as many times as you like by hitting the refresh button.