Organizations say Graves lacked authority to deny payments to local governments

? Organizations representing Kansas cities and counties will sue the state over Gov. Bill Gravesâ decision to slash $48 million in aid to local governments.

Boards of the Kansas Association of Counties and the League of Kansas Municipalities voted unanimously Thursday to pursue the lawsuit, saying Graves doesnâÂÂt have authority to withhold the money.

But officials with the organizations acknowledged they may not recoup the lost funding, even if they win in court.

âÂÂThe action was not taken with the anticipation that money will be flowing at any particular time,â said Wade Dixon, president of the county organization.

Graves said he was disappointed by the impending suit.

âÂÂI am confident, as governor, that I did not overstep my authority in making the most recent round of cuts,â he said.

Graves made the decision last month to cut aid to local governments to help stem a projected $312 million shortfall in state revenues. He acted under a law that allows the governor to make midyear cuts in financing to state agencies.

The cities and counties say theyâÂÂre not defined as âÂÂstate agenciesâ in the law, and that Graves lacked authority to take the money away from them.

The action came after local governments already had set their budgets for 2003. Gravesâ timing left them unable to increase property taxes to raise money. Layoffs already have started in some cities and counties, officials said.

Osage City Mayor Pat Lawless, president of the League of Kansas Municipalities, said state aid made up as much as 5 percent of the budgets of some local governments.

âÂÂWeâÂÂll have to go into our reserves now,â he said. âÂÂIf it had happened in July or June, we couldâÂÂve adjusted accordingly.âÂÂ

But Graves said the cuts were minuscule, amounting to 1/2 of 1 percent of the budgets of cities and counties.

âÂÂI donâÂÂt think thatâÂÂs unreasonable,â he said, âÂÂgiven the reductions state agencies are facing and the sacrifices being made by the citizens of our state.âÂÂ

Lawrence officials have said the city would lose as much as $1.38 million because of the cuts. Douglas County stands to lose $1.8 million.

The League of Kansas Municipalities is being joined by 169 cities in the suit, including Lawrence, Eudora, Lecompton, McLouth, Ottawa and Ozawkie. Seventy-eight counties are joining the Kansas Association of Counties, including Franklin, Jefferson and Leavenworth counties. Douglas County commissioners opted not to join the suit.

âÂÂIâÂÂm not sure, honestly, what funds are available,â Lawrence Mayor Sue Hack said Thursday. âÂÂBut this registers our concern at the situation weâÂÂve been put in.âÂÂ

Officials expect to file the suit Monday at the Kansas Supreme Court. They hope for a decision by late January.