Commissioners to consider ex-deputy DA’s nomination to advisory board, but most are silent on controversy ahead of vote

photo by: Douglas County Sheriff's Office

Deputy DA Joshua Seiden dressed as a public commenter in the lobby of Lawrence's courthouse.

Updated at 5:10 p.m. Monday, Aug. 12

Someone at City Hall wants a former deputy district attorney who’s facing allegations of misconduct to serve on a board that reviews allegations of police misconduct, but no commissioner has so far owned the nomination to the Journal-World, despite repeated requests for transparency.

The nominated ex-deputy DA, Joshua Seiden, lost his job over a well-known incident just weeks ago in which he donned a costume and publicly mocked a former defendant. Seiden said at a recent City Commission meeting, during general public comment, that he would be a good fit for a position on the Community Police Review Board, an advisory panel that considers whether police officers have conducted themselves properly. Seiden said he was well-suited to perform that function because, among other things, he had spearheaded an intensified review in the DA’s office of police conduct that would affect an officer’s ability to be a witness in a criminal case.

Seiden also said that he had owned up to the mocking incident, which was caught on camera, and that serving on a public board would allow him to give back to the community.

Seiden’s pitch to city commissioners came after his name had been nominated and then just days later removed from the list of nominees. But now his name is back on the list, and commissioners are set to consider the matter at Tuesday evening’s meeting.

photo by: Bremen Keasey/Journal-World

Former Deputy DA Joshua Seiden addresses the Lawrence City Commission during public comment Tuesday, Aug. 6, 2024.

Of the five city commissioners, Lisa Larsen was the only one who initially answered Journal-World questions about the nomination, saying in an email last week that she didn’t think Seiden deserved to be on the board.

“I did not nominate him,” Larsen said in an email. “I have strong concerns about the unethical and unprofessional actions that he has brought onto himself. I don’t think he deserves to be on this board.”

After this story was published, Commissioner Brad Finkeldei said in an email to the Journal-World that he likewise wasn’t behind the nomination.

“I did not nominate Josh Seiden and I do not plan to support his appointment,” Finkeldei said.

He also said that the list provided to commissioners by the clerk’s office does not say who nominated individuals on the list.

The other three commissioners — Mayor Bart Littlejohn, Mike Dever and Amber Sellers — have been silent on the matter, despite multiple requests for comment.

Justin Spiehs, the man whom Seiden was caught mocking, asserted at a recent city meeting that it was Sellers who nominated Seiden, but Sellers has not responded to the claim.

At that meeting, Spiehs insulted Sellers’ appearance as he asked Sellers how she would enjoy being mocked the way that Seiden had mocked him.

Sellers called for a point of order and attempted to shut down commentary about the nomination, but Spiehs was ultimately allowed to continue speaking since public comment hadn’t been allowed when advisory board nominations were voted on earlier in the evening.

The Journal-World has filed an open records request seeking information about the nomination.

The city’s clerk, Sherri Riedemann, noted to the Journal-World that the nominating process has recently changed but that there is no formal nomination process per se, though commissioners have been provided with some guidance.

“The newly adopted Chapter 1A and advisory board policy both charge all commissioners with nominating advisory board members,” she wrote in an email. “Neither outlines a formal process for those nominations.”

The old nominating process involved nominations coming just from the mayor.

“Having nominations come in from all 5 commissioners, and not just the Mayor, creates challenges,” Riedemann said, but part of that challenge is because the process is new and there are a large number of appointments to advisory boards awaiting.

Riedemann said that commissioners, advisory board members and the city manager are all encouraged to actively recruit qualified members to apply to serve. Commissioners then individually consider the applications and send nominations to Riedemann, who compiles a list to the commission at noon each Monday and includes it with the city meeting agenda that is posted each Thursday.

Commissioners are advised to review the list of nominations and notify Riedemann before the agenda is posted if they wish to remove a nomination.

Spiehs filed a complaint on July 11 with the Kansas Office of the Disciplinary Administrator regarding Seiden, who had also come under scrutiny for how he conducted himself in the DA’s office, including telling a judge that he was the only person in the DA’s office who could handle a high-profile rape case and then not prosecuting the case when the trial started. Seiden is also facing a disciplinary complaint over how he and District Attorney Suzanne Valdez, who recently lost her reelection bid, handled a child sex-crime case, as the Journal-World has reported.

The City Commission meets at 5:45 p.m. Tuesday at City Hall, 6 E. Sixth St.