By Leslie Collins
Northeast News
June 29, 2011

With smooth confidence Michael Fletcher approached the podium clad in a navy blue tailored suit and red tie. He didn’t act like a former City of Kansas City Council candidate. Instead, he put on the face of a lawyer, drawing heavily upon his law degree.

City Hall’s 10th floor meeting room became his courtroom. The Municipal Officials and Officers Ethics Commission was the prosecution.

With meticulous care, he laid out his arguments and backed them up with physical documents, which he displayed on the overhead projector.

“If there’s been a law violated it’s been by this commission singling me out because they think I’m easy prey,” he said. “I suspect you all think you can do whatever you want to me and maybe you can. But, I tell you this, ‘I’m not afraid.’”

Fletcher attended the June 22 ethics commission meeting to defend himself against an alleged violation of City Ordinance 2-53, which sets campaign contribution limits for municipal elections.

City of Kansas City Council members passed the ordinance mid-election cycle on March 7, 2010. When Fletcher began his campaign for the 3rd District City Council seat in January of 2010, his campaign treasurer Charles Menifee called the city and the Missouri Ethics Commission to check on campaign contribution limits. There were none.

Unaware of the new ordinance, Fletcher’s campaign accepted a contribution of $5,000 from Geoffrey Garth of Long Beach, Calif., and a $2,000 contribution from Michael Yonke of Kansas City, Mo, on July 14, 2010. Ordinance 2-53 stipulates an in-district city council candidate can only receive $1,500 per contributor for primary and general elections. It further states a violation has occurred if the candidate, committee or committee treasurer knowingly accepts a contribution in excess of the allowed amount and that a violation has occurred if the contributor knowingly contributes more than the allowed amount. The excess amount must be returned to the contributor within 30 days of receipt.

During the ethics commission investigation hearing, Fletcher reiterated his Feb. 2, 2011, email response to City of Kansas City Internal Auditor Roy Greenway stating that Missouri law does not set campaign contribution limits and therefore, state law trumps city law.

To prove his point, he slipped a document dated Dec. 11, 2008, onto the overhead projector.

William Geary, assistant city attorney, composed the document which read: “since Section 2-53 (Code of Ordinances) was preempted as a result of the Supreme Court’s ruling in Trout v. State… it is not subject to application following the General Assembly’s actions in 2008 repealing the prior state limits.”

As a result, the ordinance was repealed in 2008. Geary was present at the meeting and discussed his legal advice with the commission during a closed executive session.

During his presentation, Fletcher also alleged the commission failed to provide him with a copy of the written complaint, as required by Ordinance 2-53.

“I clearly asked for a copy of the written complaint and I’m sure you would want to comply with your own rules,” he said. “I’ve asked for it repeatedly. When will you comply with the law that says I will be given a copy of the complaint? When will that happen?”

Senior Associate City Attorney Cecilia Abbott said commissioner Lajuana Counts signed the notice of complaint and hearing on May 10, 2011, which was sent via email to Fletcher and to Fletcher’s Kansas City address listed in reports filed with the Missouri Ethics Commission. Greenway asked for a response from Fletcher by the next meeting on May 25. Fletcher replied via email on May 25 at 5:36 p.m. after the commission adjourned. In his email he said he had mailed Yonke a refund check, but would not return additional funds because “I refuse to reward this betrayal of the public’s trust which is exemplified by your committee spending countless tax payer dollars to pursue me for conduct that Sharon Sanders Brooks and other candidates engaged in but for which they have not been harassed by your office.”

Following the elections, Greenway continued to research each candidate’s campaign contributions and discovered four other candidates who exceeded the campaign contribution limits. Greenway contacted those candidates and the commission asked him to research the matters further.

In regard to Fletcher’s opponent Sharon Sanders Brooks, she did receive a $2,500 contribution, but that occurred before the new ordinance passed.

In his May 25 email, Fletcher also admitted to receiving the previous email that contained the hearing and complaint notice. However, Fletcher failed to open the attachment that contained the complaint notice. His email also stated he no longer lived at the Kansas City residence and requested a copy be sent to his residence in Long Beach, Calif.

“The touchstone of democracy is comprised of individuals who are not biased,” Fletcher said looking at Counts.

Quoting city charter, Fletcher said it prohibits a member of a committee from sitting on it who has a conflict of interest. He alleged that Counts had a conflict of interest since she sought judgeships on five separate occasions and Fletcher “personally” worked against her receiving them.

“I have no knowledge of that,” Counts said.

“The beautiful thing is you don’t have to have knowledge. It’s the perception or appearance of conflict with those of the city,” he said. “The appearance of partiality is overwhelming here. The chilling effect this committee’s actions have had on African Americans seeking office is appalling. This is wrong what you’ve done and this is wrong what you’re continuing to do…

“One standard of justice applies to Mike Fletcher and another standard of justice applies to everyone else.”

During a May 25 ethics commission meeting, commissioners voted to issue a complaint and notice of hearing for Garth and Menifee and Fletcher said Garth, Menifee and Yonke are not responsible. Fletcher continued that he told Yonke and Garth how much they could contribute.

“I’m responsible,” Fletcher said. “The fact that I accepted a contribution doesn’t prove I knowingly violated the law because the law as I knew it didn’t have a contribution limit.”

Commissioners Counts, Judy Gibson, Barbara Glesner-Fines, Jalilah Otto and Kevin Schorgl voted to allow Abbott to revise their findings of fact and will discuss it during the next meeting July 27.