The Kansas Governmental Ethics Commission requested on February 15 that I register NeighborhoodNet as a Political Action Committee (PAC) because it had come to their attention that I endorsed candidates.

In the following I cover:

• Why I should not register NeighborhoodNet as a PAC

• Who would have gone to the Commission

• Commission's refusal to provide information under the Kansas Open Records Act

• Campaign financing for Hix and Sader and packing City Councils with developer friendly candidates

• Emails from the Commission

Why Bob Phillips Is Not A PAC

I pointed out to the Commission that I had no intention to register NeighborhoodNet as a PAC because:

1. I am not two or more people, as the law requires for a PAC

2. The vast majority of articles published on NeighborhoodNet have nothing to do with campaigning/elections. It is not a major purpose of the website, as the law requires for a PAC (I just counted that only 5 of the 116 weblinks I provide on my front page have anything to do with elections).

3. Everything I do is voluntary

4. I do in fact endorse candidates on NeighborhoodNet, just as does the Kansas City Star. I do, in fact, spend a tremendous amount of my own time and effort, but no funding, helping to elect the people I endorse and urging others to do the same.

As far as I know, the United States has not reached the point where individuals who want to exercise freedom of speech have to register with the government.

So Who Is Upset With NeighborhoodNet?

Obviously, someone is upset with my - and all the other volunteers' - efforts to elect people like John Thompson and Dan Carbery two years ago, and Vickie Thornton and Frankie Peschl this campaign season, to the Overland Park City Council, and to defeat people like Jim Hix (incumbent running for City Council).

I have also recommended people vote against Neil Sader, who is giving up his Council seat to run for Mayor against Carl Gerlach, who gets to run without giving up his Council seat. (Why, oh why, couldn't someone competent like Council member John Thompson, who stands head and shoulders above Sader and Gerlach, have run for Mayor!)

I'm guessing Neil Sader and friends whined, because it was such a dumb thing to do, but who knows. Mayor Eiliert told me "We will do everything we can to defeat" Frankie Peschl, so maybe it was the Eilert, Goodman, Gerlach, Hix faction of the Governing Body. Maybe this is part of their "everything".

Commission Refuses To Divulge My Accuser

I asked the Commission "pursuant to the the Kansas Open Records Act" that I be given the background on why they decided to ask me to register as a PAC and who actually did complain.

The Commission refuses to provide information on who brought this to their attention, saying a formal complaint had not been filed (See email below). When I spoke to the Commission's General Counsel, she said they were exempt from the law when it came to letters, emails, phone calls, and informal complaints.

The General Counsel, who by the way was very cordial and returned my phone call immediately, gave me the strong impression that based on the information I had provided, they would not after all ask me to register as a PAC.

Hix/Sader Campaign Financing

I also took the opportunity to provide the campaign funding reports for Jim Hix and Neil Sader from their last elections, since it is through the efforts of the Commission that this information is made available:

Hix Campaign Contributors

Sader Campaign Contributors

You can see the problem we have here in Overland Park - both of them have as their top contributors the very law firm, Polsinelli, et al, which constantly appears in front of these same City Councilmembers advocating multi-million dollar re-zoning windfalls for their clients. Sader, by the way, unequivocally denied that Polsinelli Law firm was a contributor of his. It was not until I published the images of his contribution sheets - as made available by the local election office - on-line that he admitted his error:

OP Councilmember Sader Forgets Who Funded His Campaigns: NeighborhoodNet Jogs His Memory

Actually, Polsinelli, et al, is a major contributor to elected official after elected official in City after City in Johnson County. It would be nice if you could collate the total across each County for such contributors. I think that would be valuable information and would show that literally millions are being spent locally every two years to pack our Governing Bodies with pro-development/anti-neighborhood officials. Neighbors have no chance to match this funding juggernaut, and here you are being asked to come after me for giving voice to neighbors.

I have no problem with these contributions - in fact, it is a wonderful, factual statement by development special interests about whom they believe will best represent their interests.

Relevant Emails

The following are some relevant emails, starting with the most recent from the Commission's General Counsel.

Commission Refusal To Disclose Who Complained

Dear Mr. Phillips:

This is in response to your request under the Kansas Open Records Act (KORA) received by email on Wednesday, February 16, 2005, requesting that we provide you with copies of any records we have related to NeighborhoodNet, yourself and PACs, including a copy of any complaint that was filed with our office.

K.S.A. 25-4165 provides that, “. . . All records, complaints, documents, reports filed with or submitted to or made by the commission, and all records and transcripts of any investigations, inquiries or hearings of the commission under the campaign finance act shall be confidential and shall not be open to inspection by any individual other than a member of the commission, an employee of the commission, or a state officer or employee designated to assist the commission, except as otherwise specifically provided in the campaign finance act. . . .”

K.S.A. 2004 Supp. 45-221 states in pertinent part: (a) Except to the extent disclosure is otherwise required by law, a public agency shall not be required to disclose: (1) Records the disclosure of which is specifically prohibited or restricted by . . . state statute. . . .”

The only records that the Commission has at this time which are responsive to your request are exempt from disclosure under the provisions cited above.

Sincerely,
Donna Voth
General Counsel
Kansas Governmental Ethics Commission
901 W. 9th, Suite 504
Topeka, KS 66612-1287
785-296-4219
legal@cjnetworks.com

Commission Request That I Register NeighborhoodNet As A PAC

"It has come to the attention of the Governmental Ethics Commission that Neighborhood Net is expressly advocating the election of specific candidates for city office. It appears that your group needs to register as a PAC with the Johnson County Election Commissioner and this office. Please advise me of a mailing address so I can mail you the forms to complete. Thank you.

Jana Atchison
Governmental Ethics Commission
localcfa@cjnetworks.com
785-296-4219
785-296-2548 (fax)"

Thanks To Commission For Providing Campaign Funding Reports

I look forward to publishing on my website the campaign contributors of the candidates for this campaign, as I have in the past. I thank you and your local office for making that information available to the public, although I must say, it is too bad that I and other citizens have to go down to the local County election office to get the information. How about putting it on-line so I don't have to do that for you?

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