By Leslie Collins
Northeast News
March 16, 2011

Mayor Mark Funkhouser’s name has been cleared.

During a Feb. 23 Municipal Officials and Officers Ethics Commission meeting, commissioners questioned two campaign contributions to Funkhouser’s campaign.

One check was written on March 29, 2010, by Kansas City Power & Light Co., for $3,000 and the other was written on Sept. 23, 2010, by KCP&L for $1,000, according to Funkhouser’s campaign.

City Ordinance 2-53 stipulates a mayoral candidate can only collect $3,000 per contributor before the general election and before the primary election.

Ethics commissioners questioned whether or not the checks came from one entity or two and asked City of Kansas City Internal Auditor Roy Greenway to investigate the matter further.

During the March 9 Municipal Officials and Officers Ethics Commission meeting, Greenway updated the commission on his findings.

Greenway contacted both the Funkhouser campaign and Kansas City Power & Light Co. Government Relations Manager David Christian.

Christian assured Greenway the $3,000 check came from Kansas City Power & Light Co. and the other was from KCP&L Power PAC-Missouri, a voluntary political action committee of management employees of KCP&L and Great Plains Energy.

Although Funkhouser’s campaign listed an incorrect physical address for KCP&L PAC, Greenway said the checks were from two valid and separate entities.

Greenway obtained copies of the two cancelled checks and said the contributors used separate banks and bank accounts.

“They are two different entities,” he assured the commission.

Commissioner Lajuana Counts thanked Greenway and said the issue was now resolved.

Commissioners Counts, Judy Gibson, Jalilah Otto, Jean Ferrara and Kevin Schorql also resolved four other allegations regarding the mayor. Commissioner Barbara Glesner-Fines was absent.

Counts cited Resolution No. 081253, which alleged Funkhouser inappropriately used an employee’s time, violated the Missouri Sunshine Law and improperly used city-owned property.

Earlier, the city contracted with Sabrina Sayers to take pictures of the mayor and others, and the pictures of Funkhouser were later found on his personal website. However, Sayers also volunteered part of her services, never sold the copyrights to the city and never signed an exclusive contract with the city for her photographs.

The final allegation came from City Council Member Ed Ford, who wrote a letter Jan. 8, 2009, alleging the mayor had a conflict of interest when he voted on and vetoed City Ordinance 080837, regarding volunteers in the offices of city elected officials.

Commissioners reviewed the internal auditor’s report regarding the allegations and voted to dismiss the allegations and not conduct any further investigations.

Fletcher still in hot seat

Since their Feb. 9 meeting, the ethics commission has been questioning two campaign contributions to Michael Fletcher, who ran for the 3rd District City Council seat.

City Ordinance 2-53 stipulates city council candidates cannot exceed $1,500 per contributor. Although the ordinance was adopted March 7, 2010, Fletcher received two contributions exceeding that limit on July 14, 2010. One contribution came from Fletcher’s current attorney, Michael T. Yonke, in the amount of $2,000 and the other came from Geoffrey C. Garth of Long Beach, Calif., for $5,000.

Now, the commission has launched a formal investigation.

Yonke e-mailed the commission March 7 and said, “While Mr. Fletcher’s campaign continues to believe that the Kansas City, Mo., ordinances related to campaign contribution limits are preempted by state and federal law, they intend to return the money.

“Further, as (Fletcher’s attorney) Mr. van Zanten indicated at the commission’s hearing, the campaign was not aware of the $1,500 limit at the time they accepted the $2,000 and $3,500* contributions, respectively.”

Yonke attended the March 9 ethics commission meeting and said Fletcher plans to return the excess donations to the contributors by March 23.

However, Counts pointed out the commission’s 30-day deadline, set forth by the city ordinance, was March 11 to return the funds.

“I understand this is somewhat of an unusual situation because one of the campaign contributions is mine,” Yonke said. “I can state that when that was made, I had no idea there was a $1,500 limit. Any past elections, there was not a limit.”

Yonke asked for additional time, citing Fletcher had been preoccupied with court hearings and appeals regarding his candidacy.

Otto suggested the commission extend the deadline another 30 days, but Counts disagreed.

“We don’t want to say we’re going to make an exception to this 30-day ordinance (stipulation),” Counts said. “We want to say since the 30 days has not run as of today’s date, at our next meeting (April 20) we want proof this has been accomplished. That would be fair to Mr. Fletcher.”

Commissioners voted to table the item until their April 20 meeting and stipulated Fletcher’s campaign must provide copies of the cancelled checks by that date.

*Yonke misquoted the contribution, which should have read $5,000.