By Leslie Collins
Northeast News
March 2, 2011

Kansas City Municipal Officials and Officers Ethics Commission are continuing to keep a close watch on possible campaign contribution violations.

Internal City Auditor Roy Greenway is assisting with the process.

Greenway called the task daunting and said he’s continuing to collect data.

However, one item he stumbled across recently involved campaign contributions to Mayor Mark Funkhouser’s campaign.

One contribution came from Kansas City Power & Light Co. on March 29, 2010, totaling $3,000, and the other was received from KCP&L on Sept. 23, 2010, totaling $1,000.

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

Although Funkhouser is out of the race, Cecilia O’Connor Abbott, senior associate city attorney, said Funkhouser is still considered a candidate under Chapter 130 of the Revised Statutes of Missouri.

Greenway contacted Funkhouser’s campaign treasurer, who said the contributions were from two separate entities.

“It was curious to me the treasurer knew what it was, could articulate it so quickly and offered to provide documentation,” Greenway said during the Feb. 23 Ethics Commission meeting.

Funkhouser’s campaign treasurer told Greenway KCP&L was an amalgamated group of employees from Kansas City Power and Light.

When Greenway investigated the address listed for KCP&L, 1800 Summitt, Kansas City, Mo., he discovered a mobile home that appeared abandoned.

“It looked like it hadn’t been used in a while and the ramp up to the door had a lot of debris on it,” Greenway said. “I didn’t find anything at that particular address that was associated with KCP&L.”

Greenway asked the treasurer to provide documentation, but has yet to receive it.

Commissioners Jean Ferrara, Judy Gibson, Lajuana Counts, Barbara Glesner-Fines and Kevin Schorql voted to formally request that documentation be provided by March 1. Commissioner Jalilah Otto was absent.

Fletcher still under investigation

During a previous meeting, commissioners discussed two contributions to 3rd District City Council Candidate Michael Fletcher, which exceeded the limit outlined in the city ordinance.

Now, the commission has voted to conduct a formal investigation.

On behalf of the Ethics Commission, Greenway sent an e-mail to the Fletcher camp on Jan. 25, 2011, requesting it provide documents to prove whether or not campaign contribution limits were violated. Fletcher’s campaign never provided the documentation.

Fletcher’s campaign treasurer, Charles Menefee, said he did not know about the campaign contribution limits and Fletcher is arguing that the State of Missouri does not place limits on campaign fundraising. Therefore, state law preempts the city’s ordinance, according to Fletcher.

However, the city attorney’s office argues that the City of Kansas City is a constitutional charter city, which allows the city to pass charters and ordinances as long as it does not permit something that the State of Missouri has expressly prohibited.

Fletcher’s attorney, Hans Herbert Van Zanten, attended the Feb. 23 meeting on behalf of Fletcher.

“This ordinance is contrary to state law…” Zanten said. “State law would preempt the municipal ordinance.”

Zanten further argued that Fletcher’s campaign checked on campaign limitations in February of 2010 and were told there were none. He also requested additional time to provide the commission with the requested documentation.

“What was your reasoning for not bringing something that says Missouri says it’s okay?” Gibson asked.

“We simply have not had the time,” Zanten said.

Abbott will draft a formal complaint for the commission to review during its March 2 meeting. Once reviewed and approved, the complaint will be sent to Fletcher’s campaign, the two contributors and Fletcher. Within four business days of delivery, the commission must receive a response in writing or in person. Then, within seven business days, the commission will investigate the allegations contained within the complaint. If they conclude there was a violation, the issue will be turned over to the city prosecutor’s office to determine if there’s probable cause to issue a summons.

Commissioners rule Funkhouser didn’t violate conflict of interest rules

In 2008, Funkhouser vetoed an amendment to the City Ordinance 080837, regarding volunteers in the offices of city elected officials.

Councilman Ed Ford issued a complaint to the board, alleging that Funkhouser had a conflict of interest and should not have voted.

“The author’s purpose of that ordinance was to improve the volunteer service and that is what the city council and the mayor voted on,” Gibson said. “It was not authored to oppose a relative. I know that Mayor Funkhouser believes the purpose was geared toward his wife, but that can’t change the author’s purpose.”

“I do see a personal interest,” Glesner-Fines said, “but I don’t see it influencing the mayor’s (decision).”

“I agree with you,” Ferrara said. “I think it’s hard to look at this and not see a personal interest, certainly, but I do think it was well handled.”

Commissioners voted to dismiss the allegation and not investigate further.