County Commissioner Ed Peterson wrote me an email (see unedited text) after I sent out an email to my readers in which I inadvertently referred to County Commissioner David Lindstrom as Doug Lindstrom. In that email I also referred to an article in the Kansas City Star that raised the issue of impropriety in connection with Mr. Lindstrom.

Below is my complete response to Mr. Peterson, along with the original email. I address four ethical issues stated in the Code of Ethics for Johnson County Government which I believe are relevant to Mr. Lindstrom's actions.

Mr. Peterson's text is in blue.

Dear Mr. Peterson,

I appreciate your concern about an earlier email of mine which referred to Commissioner Lindstrom and have responded to your individual points below.

I have published your letter without editing on NeighborhoodNet here and then also published the version below with my reply.

Thank you for taking the time to read material I distribute and for responding.

I really do appreciate your thoughtful questions and the opportunity you have provided me to respond as best I can. I would not have looked so closely at the Johnson County Code of Ethics if you had not raised these issues.

Sincerely,
Bob Phillips
NeighborhoodNet
www.nbrhd.net

Peterson, Ed, BOC wrote:
Dear Mr. Phillips:

On October 21 you severely criticized Michael Meadors and the JCPRD for incorrectly referring to the zoning for land that is part of the proposed soccer site which you oppose. In that same email you criticized the Kansas City Star for not confirming statements in its article. As I understand your attack on the soccer complex, the current proposal is not based on sound facts and therefore should not be adopted.

This morning you referred to Commissioner Lindstrom as Commissioner Doug Lindstrom. Shortly thereafter you promised an apology for this "inadvertent" mistake. The evening is getting short and no such apology has been provided.

Shortly after another reader pointed out my mistake, I emailed all members of the Board of County Commissioners, including Mr. David Lindstrom. I apologized for inadvertently using "Doug" instead of "David" as his first name. I also said I would make a wider distribution of the apology later that evening (yesterday evening), but did not do so. I emailed the apology to the wider audience this evening, one day late.

Should you not be held to the same standard of accuracy that you would impose upon Michael Meadors and the Kansas City Star? I am sure that you expect to be held to the same high standards and readily will admit that you have not met those standards.

I believe we all should be held to high standards of accuracy. I have admitted and corrected my mistake in getting Mr. Lindstrom's first name wrong and did so both immediately to the Board of Commissioners and the next day to my email list.

As you point out, I have made clear my disappointment in Mr. Meadors when it comes to the facts about the $118 million in tax payer money he is requesting for soccer fields ($75 million plus more than $43 million in interest). My disappointments include: inaccuracies not only in zoning but several others; his tardiness in admitting ,or refusal to admit, his errors; and the fact that he does not publicize his corrections to those he misled - the tax payers of Johnson County. I have publicized the errors we have found on NeighborhoodNet and will not repeat the details here.

I do not believe there is any reasonable comparison between my getting a first name wrong in communicating with a small group of people and a government official misleading the public on a $118 million taxpayer issue by providing false information and not correcting it. But I understand that you do think the comparison is worth making and I appreciate your desire for accuracy.

More importantly, please provide me with a detailed explanation of the conflict of interest and/or the potential conflict of interest that you alleged as reported in the Kansas City Star this morning.

I am not responsible for how the Kansas City Star writes its stories, nor do I have editorial control. I believe Commissioner Lindstrom is an honest man who clearly loves sports and wants to give people in Johnson County an opportunity to benefit from better soccer facilities. I do not believe he has made a dime off this proposed soccer complex, nor do I believe he is supporting it in order to make money in the future. I know Dave Lindstrom personally and have had conversations with Dave; I have always admired his ability to listen to constituents.

In none of the following statements am I accusing Mr. Lindstrom of impropriety.

I do believe that by not taking appropriate action, he has given an appearance of a conflict of interest. I recommend he disavow all literature being distributed by pro-soccer groups which identify him as a supporter and a County Commissioner. I recommend he clearly point out that he is a franchisee with four Burger Kings and that Burger King has a financial interest in the Wizards, because Burger King is not only the "offical quick-serve restaurant partner" to US Youth Soccer Association, to which most of our area kids clubs belong, but it is also a "corporate partner" of Major League Soccer (MLS) to which the Wizards soccer team belongs.

Burger King develops and implements marketing and sales campaigns to take advantage of that sponsorship in order to generate more income for its franchisees. In its recent annual report, it boasts that it always polls its franchisees before launching such campaigns.

Only an attorney versed in the subject could make a determination of whether Mr. Lindstrom is violating any of the following ethics. It appears to me that the following ethics code raises reasonable issues, which is why I make the above recommendations.

I trust that as a County Commissioner yourself, you will discuss these with Mr. Lindstrom and your fellow Commissioners.

For background, Mr. Lindstrom is a County Commissioner and BOCC Liaison/Ex Officio member of the Board of Commissioners for the Johnson County Park and Recreation District. [Ex Officio definition: "A member of a governmental body who holds his or her position as the result of holding another governmental position."] This department advocates this bond issue based on a feasibility study using the MLS model. As such he is responsible for administrative oversight: "the function of reviewing, monitoring, and supervising organizational performance by and through the County Manager and the agencies and departments within the administrative structure of county government" as described on the Board of Commissioners website. Listed among the departments is the Park and Recreation District, of which Mr. Michael Meadors is the Director.

All following quotes are from the "CODE OF ETHICS FOR JOHNSON COUNTY GOVERNMENT" which is available on the Johnson County website. I will first give the quote, and then state why I believe it applies to this situation:

Ethics Issue 1

"STANDARD 801: ALWAYS SAFEGUARD THE PUBLIC TRUST AND NEVER USE NOR ALLOW THE USE OF GOVERNMENT PROPERTY OR FUNDS FOR PRIVATE PURPOSES, FOR PURPOSES OTHER THAN THOSE AUTHORIZED OR PERMITTED, OR FOR PURPOSES WHICH COULD MISLEAD THE CITIZENS OR DAMAGE THE CONFIDENCE AND REPUTATION OF THE GOVERNMENT.

Note that no official is to allow the use of government property or funds for purposes which could mislead citizens. We have documented well that Mr. Meadors has misled the public by publicizing erroneous information about the upcoming bond issue. He has used the County funded website and publications to do so. After being told of errors, he has not mounted an equally strong campaign to correct the information. The result is that citizen groups which depend on him for information continue to publicize the erroneous information, unaware that they have been misled. When citizens discover these errors it most certainly damages the confidence and reputation of the government.

Because of his financial ties to Burger King, combined with his enthusiasm for MLS (the Wizards), I believe a citizen could reasonably question whether Mr. Lindstrom can adequately perform his oversight role. The evidence to date is that proper oversight is not happening.

Ethics Issue 2

"STANDARD 901: AT ALL TIMES DISPLAY THE HIGHEST LEVEL OF INTEGRITY IN PERFORMING HIS OR HER DUTIES AND NEVER KNOWINGLY NOR NEGLIGENTLY MISLEAD OR ALLOW OTHERS TO MISLEAD THE PUBLIC OR OTHER GOVERNMENT OFFICIALS, NOR FAIL TO DISCLOSE OR REPORT TO APPROPRIATE OFFICIALS ANY CORRUPTION WHEREVER DISCOVERED."

Note that no official is to negligently allow others to mislead the public. Mr. Meadors is misleading the public, I presume at least initially through negligence. Mr. Lindstrom has oversight responsibility.

Ethics Issue 3

"STANDARD 1101: NEVER ALLOW HIS JUDGEMENT TO BE COMPROMISED BY ANY PERSONAL, FAMILY OR BUSINESS INTEREST NOT A PART OF HIS GOVERNMENT SERVICE AND NEVER ACT UPON ANY MATTER IN WHICH HE, HIS FAMILY, OR BUSINESS HAS OR MAY HAVE ANY FINANCIAL OR BENEFICIAL INTEREST; AND SHOULD ALWAYS DECLARE AND DISCLOSE THE FULL NATURE AND EXTENT OF ANY PERSONAL, FAMILY, OR BUSINESS INTEREST IN ANY MATTER RELATED TO GOVERNMENTAL ACTIONS OR DUTIES."

Note that no official is to act upon any matter in which his business may have any beneficial interest. He should always disclose the full nature of any business interest in any matter related to governmental actions. There is no question about the tight financial ties between Burger King and the MLS and US Youth Soccer Association, to which most of our local clubs belong.. Furthermore, the MLS is adopting a policy that will require the Wizards to form their own youth soccer leagues and attempt to draw off the best of the current youth soccer players for these new leagues as a method of training future Wizards players. Presumably, these new leagues will compete with existing leagues for use of facilities being paid for under the new proposal.

Mr. Lindstrom appears at rallies and forums arguing for the soccer proposal. He identifies himself as a County Commissioner, although he also sometimes says he is not acting as a County Commissioner. He strongly argues in favor of the soccer proposal. As far as I know he has not disclosed the full relationship among Burger King for which he is a franchisee and MLS. I believe it is inappropriate for Mr. Lindstrom to be campaigning for this proposal. It could give the impression that there is a conflict with this oversight and Liaison duties to the Park and Rec as County Commissioner.

Ethics Issue 4

STANDARD 1201: STAND AS A REPRESENTATIVE OF THE GOVERNMENT AND THE PUBLIC TRUST AND NEVER INTENTIONALLY ACT OUTSIDE THE SCOPE OF THEIR AUTHORITY IN THAT REPRESENTATION NOR ALLOW THEMSELVES TO BE PERCEIVED AS ACTING ON BEHALF OF THE PUBLIC OR GOVERNMENT WHEN, IN FACT THEY ARE NOT.

Note that no government official is to allow himself to be perceived as acting on behalf of the government when in fact he is not. I received today in the mailbox, a glossy, expensive looking brochure entitled "Just The Facts. A Johnson County Voter Guide for Question #1" paid for by YES on Soccer proclaiming:

"The Soccer Park will be a first-class recreational facility that all Johnson Countians enjoy. This park will help us meet the growing demand for youth soccer fields in our community." - David A. Lindstrom, County Commissioner."

I do not know if Mr. Lindstrom made this inaccurate statement "all Johnson Countians" will enjoy this facility (people in Olathe, Shawnee Mission, and other cities have certainly said they will not be able to enjoy this facility because of its location), nor do I know if Mr. Lindstrom has taken a lot of effort to combat this misuse of his name and title. His activities in support of this project could easily lead people to perceive that he is acting on behalf of the public or government when he is not.

Please provide specific details of the actual conflict and amounts gained by Commissioner Lindstrom through this conflict of interest.

See my above comments in answer to your request.

I hope this has addressed your questions. I believe strongly that open dialog by all is to the benefit of all. I will be happy to publish any response you, or any other Commissioner including Mr. Lindstrom, has to this article.

Sincerely,
Bob Phillips
NeighborhoodNet
www.nbrhd.net

Original apology to Mr. Lindstrom and other County Commissioners. Sent 52 minutes after mistake made.

> -----Original Message-----
> From: phillips@kcnet.com [mailto:phillips@kcnet.com] Sent: Tuesday, October 24, 2006 9:41 AM
> To: BOCC-Commissioners
> Subject: Apology for incorrectly identifying Commissioner Linstrom
>
> Dear Mr. Lindstrom,
>
> In an email I sent out for NeighborhoodNet this morning I inadvertently
> mentioned you as Doug Lindstrom. My apologies.
>
> I do not have access to my various email lists here at work, but will
> send out a correction this evening.
>
> Sincerely,
> Bob Phillips
> NeighborhoodNet
> www.nbrhd.net