Topeka ? A prosecutor said Thursday he was considering whether to add a new item to the list of conduct he contends warrants Mayor Butch Felker’s removal from office.

Dist. Atty. Robert Hecht made the statement in response to testimony in Shawnee County District Court in a hearing to determine whether Felker should be suspended while a lawsuit to remove him from office is pending.

Hecht filed his ouster lawsuit two weeks ago.

One issue in the ouster lawsuit is an agreement Felker made that led to $113,000 in payments to John Arnold, who resigned as city administrative officer in February 2002. Arnold continued to receive compensation for eight months.

Hecht contends there is no legal justification for the payments and that Felker violated Kansas law by not seeking City Council approval for the agreement.

Thursday, the district attorney called Randy Bailes, the city’s finance director, to testify about the agreement between Felker and Arnold.

During cross-examination by defense attorney Mike Francis, Bailes mentioned a similar agreement with former Municipal Court Chief Judge Neil Roach, who quit last year while facing a separate ouster action.

That led Hecht to question Bailes about the agreement and to ask Judge Eric Rosen to order Roach to return to court with documents related to the agreement. Rosen did not rule on the request.

Meanwhile, Francis used his questioning to undercut Hecht’s characterization of the agreement with Arnold as improper.

For example, Hecht called Laurie McKinnon, general counsel for the state pension system, who testified the city made contributions under the agreement to pension benefits to which Arnold was not entitled.

But Francis noted the agreement was approved by the city’s attorney. He asked McKinnon whether, if she were a client and saw that an attorney approved a document, she would conclude “everything is OK.”

McKinnon answered, “Absolutely.”

In his ouster lawsuit, Hecht also alleges that Felker — again without the council’s knowledge — signed a “power of attorney” document in August 2001, giving Betty Simecka, president of Cultural Exhibitors and Events, the right to contract with the Kremlin museum in Moscow for an exhibition of Russian artifacts.

Testimony Wednesday dealt with allegations that Felker falsified a campaign finance report filed before the February 2001 city primary. The state Governmental Ethics Commission fined Felker $7,500 in July.

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