Topeka mayor quits; suit over

? Mayor Butch Felker resigned from office Thursday, ending a prosecutor’s efforts to remove him from the post for violating Kansas campaign finance laws.

A statement released by Felker and Shawnee County Dist. Atty. Robert Hecht said the two had resolved all issues and no further action was expected. The trial of a lawsuit Hecht filed to remove Felker from office was scheduled to begin Nov. 17 in Shawnee County District Court.

Felker submitted his resignation to the city clerk, “in light of the prospect of continued litigation, which is disruptive to the efficient … operation of the municipal government.”

Neither Felker nor his attorney returned phone messages seeking comment.

Last month, Shawnee County District Judge Eric Rosen suspended Felker from office. Earlier this week, Rosen denied a request from Felker to dismiss Hecht’s ouster petition.

Hecht said he had an indication Wednesday that Felker was at least considering resigning following a mediation session with Felker and his attorney. With the resignation, no further litigation will be brought against Felker, Hecht said.

“More importantly, I think it is a good thing for the city of Topeka that this is over with, that the city government can get it behind them and get on with the selection of permanent mayor,” Hecht said.

Deputy Mayor Duane Pomeroy had assumed Felker’s duties. Pomeroy said he was unaware Felker planned to resign.

“I felt Butch had a high chance of winning his case and being back,” Pomeroy said during a news conference.

The City Council will take applications for mayor, Pomeroy said, with a selection expected by early January to fill the office for the remainder of Felker’s term, which expires in April 2005. Pomeroy said he is not a candidate.

Some City Council members said they had expected Felker’s resignation, especially after Rosen refused last week to dismiss the ouster lawsuit. “With that, it was clear that the judge wasn’t going to change his mind,” said Councilman Bill Haynes.

Haynes said he believes Felker resigned because he thought it would be in the city’s best interest.

“Butch did what he always did: think of the city first,” Haynes said.

Haynes and other council members said the ouster lawsuit made it difficult for municipal employees to concentrate on their work and for the city to present a positive image to outsiders.

“It was damaging in the way it was dragging on,” said Councilman Harold Lane. “We needed closure.”

Felker, 58, was the city’s parks commissioner from 1975-85, then mayor from 1989-97. He declined to run in 1997, citing health reasons, but won a third term in 2001.

Hecht relied on information compiled by the Kansas Governmental Ethics Commission in seeking to oust Felker.

Hecht and the commission said Felker whited out information in a campaign finance report, then wrote in false information. They said the changes concealed the identities of donors who worked for the Topeka Convention and Visitors Bureau and the fact Felker received more than $100 in cash from two donors.

State law prohibits candidates from accepting more than $100 in cash so that contributions can be tracked more easily. During a hearing on Felker’s suspension, Hecht argued employees took bureau funds and used them to make donations to Felker’s campaign.

The district attorney said the case reinforced the importance of campaign finance laws and the public knowing who supports a candidate. Hecht noted Felker’s experience as a lawyer since 1972 and as counsel to a legislative committee that drafted the campaign finance laws.

“It is not simply the amount of money that is involved,” Hecht said. “It is was done in the obtaining of the contribution and what was done to conceal how the contribution was obtained.”