Open meetings investigation in AG's hands
The Kansas Attorney General's office is now handling the investigation of possible open meetings violations against the Lawrence City Commission. Enlarge video
The state's top law enforcement officer is taking over an investigation into whether Lawrence city commissioners violated the state's open meetings law when approving tax and other financial incentives for a growing pharmaceuticals company.
Kansas Attorney General Paul Morrison's office has agreed to handle the investigation into complaints regarding commissioners' activities associated with Deciphera Pharmaceuticals.
Commissioners have been accused of meeting in secret to put together a package of financial incentives - including a never-before-used tax break - to assist the company in relocating to a building across town, in the East Hills Business Park.
Charles Branson, the Douglas County district attorney, had agreed last week to conduct the investigation, and had directed city officials to provide him with a written response to the complaints. Branson's office received the response Wednesday, but neither Branson nor the city would make that public.
On Friday - a day after Mayor Sue Hack conceded publicly that she had made a mistake in not disclosing her financial interest in Deciphera, despite having participated in a closed-door executive session where she had been briefed on details of the proposed incentives - Branson decided to ask Morrison's office to take over.
"I made the decision when it became clear the investigation would be expanded to consider the actions of individual city commissioners," Branson said, in a statement. "As district attorney I have close official and some personal relationships with the city commissioners. Although I am confident this matter could be handled without any question of impropriety or favoritism by my office, I want the investigation results to be free from challenge.
"The public deserves nothing less than complete confidence this matter will be handled appropriately. Turning these matters over removes any concern of a conflict between the investigators and the subjects of the investigation."
In an interview, Branson said: "With the information that's been made available to this point in time, with the fact that the investigation now goes to the conduct of individual commissioners, as opposed to the conduct of the commission as a whole, I think it puts us in a little different position."
Morrison's office will have the case file "first thing Tuesday morning," Branson said. State offices observe Veterans Day on Monday.
Ashley Anstaett, a spokeswoman for Morrison, said the investigation would be headed by Terry Bush, an assistant attorney general who handles cases related to open meetings and other governmental issues.
The alleged violations of the open meetings law could threaten the incentives package - worth about $3 million - that was offered to Deciphera in an effort to keep the company in town. Branson has said that if a violation were proven to have occurred, the agreement that commissioners approved Oct. 23 could be declared null and void.
Deciphera is working on drugs to fight cancer.
Comments
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Oracle_of_Rhode (anonymous) says…
Branson did the right thing here. Hack should resign immediately. Lawrence taxpayers want their $3 million back -- for schools, cops, fire, etc.
toefungus (anonymous) says…
Logic, I agree with you. It has become standard practice for the powerful to abuse. I even think it is inevitable. What we must do, we who are hurt by the powerful, is to demand justice and never accept this behavior. Otherwise, we give up our freedoms and become like the rest of the world. An American hates government by nature, most of the rest of the world, just accepts it.
workinghard (anonymous) says…
Sue Hack isn't the only one at city hall who profits at the taxpayer's expense. Has anyone ever wondered why Terese Gorman's hubby's company, LRM, gets most of the city's road bussiness? Somehow they just seem to know what bid to turn in that gets them the contract. Then they drive around like the own the roads. What steps does the city take to make sure everything is on the up and up? Not saying anything wrong is going on, just curious.
blackwalnut (anonymous) says…
If this is a real investigation and not a whitewash, I think we'll find out why this commission is so in love with Deciphera and Wal-Mart.
Commissioners and Madam Mayor, please produce your stock portfolios - including how much you paid for your stocks, and when.
The honor system of voluntarily disclosing conflicts of interest is apparently not working.
Hack should come clean, apologize, and step down - immediately. It would be the most honorable thing she could do. Her political career is over anyway.
coneflower (anonymous) says…
I want to offer my praise to the Journal-World and the reporters who have given this matter the coverage it deserves.
And I admit I am surprised: Until Decipera the coverage of the workings of this city commission has been inadequate.
Finally, reporters and editors at the Journal-World are practicing real journalism.
I also wonder: Just how bad is this mess, that it made the Journal-World reverse its softballing and pandering to this city commission?
VoiceOfReason (anonymous) says…
Thank you, Branson! It's about time we have a little faith in our system. I'm guessing Sue can't scrape up the funds to buy another Attorney General.
moveforward (anonymous) says…
Disclose and recuse yourself when in public office.
It is just not that hard... and certainly not fuzzy. What is not always clear is whether or not your actions will be called into question. Assume the worst here and troubles will be minimized.
camper (anonymous) says…
Call me a federalist, but right now our system is desiged in such a way that the door is left wide open for abuse. I am sick and tired of taxes. Politicians use it and think tinkering with it can solve almost every problem in the world. Here is my flawed solution:
1) Have the federal government set all State, local, property, and sales-use taxes at one uniform level....thus giving no locale an advantage over another.
2) Make these tax rates LOW, flat, and non negotiable.
3) No rebates, no abatements, no credits, no nonsense.
If this happens you'd be amazed at the number of politicians who will seek another career.
ljwreader1 (anonymous) says…
Too bad the state AG did not investigate numerous other "deals" that have occurred in the past 30 years in Lawrence among city officials and local families in the real estate, insurance, construction, journalism and car dealership businesses.
camper (anonymous) says…
Maybe this is off topic. But do these events make anyone feel warm and fuzzy about the health biz?
kugrad (anonymous) says…
Remember the late 80's when one Penny brother on the commission helped push through a policy forcing hundreds of homeowners to replace their sidewalks when his brother ran the concrete company?
camper (anonymous) says…
kugrad. Sounds like a brother in law deal.
This comment was removed by the site staff for violation of the usage agreement.
justthefacts (anonymous) says…
The Open Meetings Act is a civil law - no one can or will ever go to jail for violating it. And the deal with the drug company will not be impacted by a KOMA action - unless a prosecutor can get an open meeting violation petition filed in a court within 21 days of the alleged violation of that act, which at this point (i.e. no time for investigation first) would be impossible if not unethical. SO the only things that can happen IF a prosecutor decides there has been a violation of the open meetings is (a) A fine of up to $500 per violation per city commissioner; (b) a declaration that the open meeting law has been violated and (c) an injunction against violating it again. If a consent agreement is entered into (typically done) they commissioners might also agree to get some additional training on the open meeting act. THAT is the extent of penalties that are available under the open meeting act. Anyone who wants to see other things happen need to pursue other options. Like recall petitions.
igby (anonymous) says…
Hawkperchedatriverfront:
Looks like their business tactics are applied similiarly to their durgs responses.
"gatekeepers and other mutants".
All get contaminated in the end with:
"deciphera".