#4 · 2021. 1. 27. · thad lauritzen, treasurer club 64 firefighters $ 1000 civil penalty...

AgendaGovernmental Ethics Commission

Kansas Secretary of State auditorium120 SW 10th St.

2nd floorJanuary 27,2021

1:00 p.m.

1:00 p.m. Call Meeting to Order

Review and Approve Minutes of the Meetings held November 18, 2020 and January 20, 2021

Executive Director's Report

• Coalition for Integrity's 2020 S.W.A.M.P. IndexMedia contact

• Campaign Finance Update

Civil Penalties: Candidates & Treasurers

Dakota Williams,Candidate for county commissioner

Lauren KarlinTreasurer for Timothy ReedDanah Stahl,Candidate for county treasurer

Mandy Peters,Treasurer for Richard Garza

Dante Javaheri,Candidate for state representative

Mark Soike,Treasurer for Bryan PruittRenee Leithoff,

Treasurer for Stephanie Yeager

Alysa Sauceda,Treasurer for Stephanie YeagerAmanda McDaneld,Treasurer for Samantha Poetter

Jerry Gum, (3)Candidate for district magistrate judge

Timothy HarrisTreasurer for Josh Harris

Arme ZajicTreasurer for Harold Zajic

Richard Garza,Candidate for SheriffChristine Williams,Candidate for county commissioner

Bryan Pruitt,Candidate for state senate

Stephanie Yeager,Candidate for state representative

Janet Rine,Candidate for state representative

Samantha Poetter,

Candidate for state representative

Benjamin Hodge,Candidate for State Board of Education

Cjyil Penalties: PACS & PartiesChristie Schroeder, TreasurerDerby High School Democrats (2)

Tim Tarkelly, treasurerNeosho CO Democratic Central Committee

Lavonia Ragsdale, treasurer

3rd Dist. Libertarian Party ofKS (3)

Michael Ginsberg,Treasurer Liberty Press Farm PAC

Steve Lopez, treasurer

KC KS Fraternal Order of Police Lodge#4James Ward, treasurer

Brown CO Republican CentralCommittee

Erin Plaza, Treasurer

KS Society ofAnesthesiologists PAC (4)

Karla Lisle, treasurer

Kansans for Conservative Values (3)

Page 1 of 2

1:30

Merriam Langdon, treasurer

KS Democratic Party Disability Caucus

Lobbyist Civil PenaltvMelissa Panettiere, Blue Cross Blue Shield of Kansas City

Civil Penalty Waiver Requests

Scott Morris,

Candidate District Magistrate judgeJulie Fletcher Cowell,Candidate for District iMagistrate judgeThad Lauritzen,Treasurer Club 64 Firefighters PAC

Steve Huebert,Candidate for state representative

Michael Haley,Candidate for county commissionerJosh Harris,Candidate for State Board of Education

Kevin Barone, lobbyistThe Human Solution, The Capitol LobbyGroup, KS Pawnbrokers Assoc., KS.

Naturopathic Providers, KS MassageTherapy Assoc., KS Bail Agents, Assoc.

Ks. Association of Oriental Medicine,CBD American, Shaman, Grown Hemp inKS, KS Farmers for Alternative Crop

Sara Woods,

Candidate for county treasurer

Trevor Jacobs,

Candidate for state representativeJenny Niblock,Candidate for county commissionerAmanda McDaneld,Treasurer for Samantha Poetter

Courtney Mikesic,Candidate District Court Judge

Timothy Harris,Treasurer for Josh Harris

Public HearingComplaint No. 690, Michael B. O'Donnell, H

Executive Session

Date of next meeting: February 24, 2021

3:00 p.m. Adj oumment

Page 2 of 2

Draft MinutesGovernmental Ethics Commission

November 18, 2020Videoconference

Members Present Staff PresentNick Hale, Chairman Mark Skoglund, Executive DirectorPatty Dengler Brett Berry, General CounselJane Deterding Sherry Fergel, Office ManagerJerome Hellmer, Vice ChairAmy JamesKyle KrullTodd SchamhorstJohn Solbach

The regular monthly meeting of the Governmental Ethics Commission was called to order at 1:02

p.m. by Chair Hale.

Minutes

Commissioners reviewed the November 18 meeting agenda and the minutes from the October 28,

2020 meeting. Mr. Krull moved to approve the minutes as written. Ms. Deterding seconded the

motion. There was no discussion. The motion carried unanimously.

Executive Director Report

Mr. Skoglund presented the statistics for the number of campaign finance reports submitted by

candidates, political action committees and parties in a timely manner and those who received

failure to file notifications.

Mr. Skoglund reviewed general guidelines provided to the Commissioners regarding media

contact. Questions were answered.

Mr. Skoglund presented the 2020 Annual Report to be completed and submitted to the Governor

and the Legislative Coordmatmg Council in the first week of December as required by statute. The

Annual Report is comprised of all actions the Commission has taken in the previous fiscal year.

The Annual Report would be presented to the Legislature in January. Mr. Skoglund highlighted the

following: training and education in state laws for state employees; advisory opinions; reviews of

campaign finance reports; statements of substantial interests; review of lobbying laws including

the number of registered lobbyists, the entities they represent and the amount which was spent; the

enforcement program including investigations, complaints, civil penalties and fines; and the four

legislative recommendations, approved previously.

Mr. Krull moved to accept the 2020 annual report as written. Mrs. Deterding seconded the motion.

The motion passed unanimously.

Advisory Opinion

Mr. Deny presented an advisory opinion for all interested persons regarding the proper placement

of the paid for by attribution statement for campaign text messages.

Mr. Schamhorst moved to approve the opinion as written. Mr. Solbach seconded the motion. There

was no discussion. The motion passed unanimously.

Page 1 of 5

Civil Penalty Assessment Orders

Commissioners reviewed civil penalty assessments for the late filing of the following documents:

October 26, 2020 Receipts & Expenditures Report:

Ethan Caylor

Candidate for state representative $ 100

Steven Huebert


J.C. Moore


Scott Morris

Candidate for District Magistrate Judge $ 100James Thompson

Candidate for District Magistrate Judge $ 200

Julie Fletcher Cowell

Candidate for District Magistrate Judge $ 250Trevor Jacobs


Courtney Mikesic

Candidate for District Judge $500Josh Harris

Candidate for State Board of Education $ 1000

Timothy ReedCandidate for state representative $ 1000

Harold ZajicCandidate for state senate $ 1000

Gary Wilson

Candidate for county commissioner $ 100

Jay BaileyCandidate for county commissioner $ 200

Kenneth HighleyCandidate for Sheriff $ 200

Nicholas Noland


Sara Woods

Candidate for county treasurer $ 200

Dustin Roths


Adam Potts

Candidate for Sheriff $ 250David Homer

Candidate for Sheriff $ 25 0

Page 2 of 5

Randall Eitzen


Jenny NiblockCandidate for county commissioner $ 300

Michael HaleyCandidate for county commissioner $ 300

Vonda FinleyCandidate for register of deeds $ 350

Curtis Oroke


Amended JanuaryJLQ, 2020 Receipts & Expenditires Rep_ort

Scott Hamblin

Candidate for city council $300Tara Bmne

Treasurer for Scott Hamblin $300

Mark Gietzen

Candidate for mayor $300

Amended October 28, 2019 Receipts & Expenditures Report

Mark Gietzen

Candidate for mayor $300

October 26. 2020 Receipts & Expenditures Report:

Alien Gallaway, Treasurer

United Teachers of Wichita COPE $30

Robert Wing, Treasurer

Tri County Labor Council COPE $ 1000

Thad Lauritzen, Treasurer

Club 64 Firefighters $ 1000

Civil penalty assessments will be sent to those listed above.

Civil Penalty Waiver requests

Mr. Skoglund presented the letter submitted by Audrey Hill, lobbyist for Saint Luke's Health

System. Mr. Skoglund had conferred with the staffs Lobbyist Coordinator, who had no objection

to this waiver. Ms. James moved to waive the penalty in its entirety. Mr. Schamhorst seconded the

motion. There was no additional discussion. The motion passed with Ms. Deterding voting no.

Mr. Skoglund presented the email submitted by Jenny Niblock, county commission candidate

requesting waiver of assessed civil penalty. Discussion ensued. Mr. Skoglund stated that reminders

notices had been sent and recommended to not waive the penalty. The Commission took no action

on the request.

Mr. Skoglund presented the email submitted by J.C. Moore, candidate for state representative. Mr.

IVIoore had included copies of the receipts he received when mailing the report. Mr. Skoglund

Page 3 of 5

recommended to waive the civil penalty. Mr. Solbach moved to waive the penalty in its entirety.

Ms. James seconded the motion. There was no additional discussion. The motion passed

unanimously.

Mr. Skoglund presented the letter submitted by Torn Byers, lobbyist for Magellan Midstream

Partners, LLC requesting waiver for assessed civil penalty. Mr. Skoglund had conferred with the

staff Lobbyist Coordinator, who had no objection to this waiver.

Mr. Krull moved to waive the penalty in its entirety. Ms. Dengler seconded the motion. There was

no additional discussion. The motion passed unanimously.

Mr. Skoglund presented the letter requesting waiver of assessed civil penalty submitted by Doug

Anstaett lobbyist for the Kansas Press Association. Mr. Skoglund had no recommendation

regarding the request. Ms. James moved to waive the civil penalty in its entirety. Discussion

ensued. Mr. Solbach seconded the motion. Discussion continued. The motion passed with Ms.

Deterding voting no.

Mr. Skoglund presented the email submitted by Adam Potts, candidate for sheriff. Mr. Skoglund

had no recommendation. The Commission took no action on the request.

Paid for by Attribution Statements Waiver request

Before presenting the waiver requests, Mr. Skoglund stated that typically the Commission would

waive the first offense, and send a strongly worded letter to the candidate, unless there are

extenuating circumstances that would lead the Commission not to waive.

Mr. Skoglund presented the following waiver requests for failing to include attribution statements:

Laura Alien candidate for Ellis County Clerk submitted an email for her Facebook page.

Avery Anderson, candidate for state representative, sent an email addressing the letters that had

been mailed.

Mark Fan-, chair of the Kansas National Education Political Action Committee, submitted an

email regarding the postcards mailed.

Mr. Skoglund recommended a waiver for all, followmg past practice.

Discussion ensued.

Mr. Solbach moved to approve the waiver requests and send letters. Mr. Schamhorst seconded the

motion. The motion passed with Ms. Deterding voting no.

Executive SessionAt 1:35 p.m., Mr. Krull moved that the Commission recess this open meeting until 1:45 pm, forexecutive session to discuss matters limited to confidential complaints with staff present toparticipate in the discussions, pursuant to K.S.A. 75-4319(b)(l), (b)(2), and K.A.R. 19-6-2 Themotion was seconded by Ms. Deterding. The motion passed unanimously.

The Commission returned to open session at 1:45 p.m.

Page 4 of 5

Chair Hale announced thejgublic hearing for Senator-Elect Cindy Holscher, Complaint 694 would

be December 16, 2020 at 1:30 p.m.

Mr. Hellmer made a motion to continue the public hearing until January 27, 2021 at 1:30 p.m.

Mr. Solbach seconded the motion . There was no discussion. The motion passed unanimously.

Next meeting date

Chair Hale announced the next meeting would be January 27, 2021.

Adjournment

At 1:48 p.m. Mr. Hellmer moved to adjourn the meeting. Mr. Krull seconded the motion. There

was no additional discussion and the motion carried unanimously.

Page 5 of 5

Draft MinutesGovernmental Ethics Commission

January 20,2021Videoconference

]V[embers Present Staff PresentNick Hale, Chairman Mark Skoglund, Executive DirectorPatty Dengler Brett Berry, General CounselJane Deterding Sherry Fergel, Office ManagerJerome Hellmer, Vice ChairAmy JamesKyle KrullKen MooreTodd ScharnhorstJohn Solbach

The January 20, 2021 meeting of the Governmental Ethics Commission was called to order at

12:30 p.m. by Chair Hale.

Per the agenda. Chair Hale asked for a motion to adjourn to executive session.

Executive SessionAt 12:32 p.m., Mr. Krull moved that the Commission recess this open meeting until 12:37 p.m. foran executive session to discuss matters related to complaints, confidential pursuant to K.S.A. 46-

256, and for good cause as provided by K.A.R. 19-6-2, with staff present to participate in thediscussions. Justification for recess to executive meeting is to consult with the commission's

attorney which is deemed privileged in the attomey-client relationship, as provided for in K.S.A.75-4319(b)(2). Mr. Hellmer seconded the motion. The motion passed unanimously.

The Commission rehimed to open session at 12:37 p.m.

Chair Hale announced that the Commission had set a hearing in the matter of Michael B.

O'Donnell scheduled to occur next Wednesday, January 27, 2021 at the regular meeting.

Adioumment

At 12:38 p.m. Ms. Deterding moved to adjourn the meeting. Mr. Hellmer seconded the motion.

There was no additional discussion and the motion passed unanimously.

Page 1 of 1

STATUS OF FBLmGS FOR JANUARY 10,2021RECEIPTS & EXPENDITURES REPORTS

CANDroATES

2022 State Candidates

2020 State Candidates

2018 & 2016 State Carryover Candidates

2014,2012,2010 Carryover Candidates

2008, 2006 & 2004 Carryover Candidates

2002, 1994 & 1992 Carryover Candidates

2020 County Candidates

County Carryover Candidates

2019 City Candidates

2021 City Candidates

City Carryover Candidates

PARTY COMMITTEES

State Party Committees

Recognized Party Committees

Democratic County Central Committees

Libertarian County Central Committees

Republican County Central Committees

Congressional District Committees

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2020 S.W.A.M.P. Index Scoring Map

The States With Anti-Corruption Measures for Public Officials (S.W.A.M.P.)

Index is a comparative scorecard which rates 50 states and the District of

Columbia based on the laws and regulations governing ethics and

transparency in the executive and legislative branches.

2020 State Scores

Rank State Score 13 Alaska

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Washington

Rhode Island

District of Columbia

California

Kansas

Ohio

Kentucky

New Hampshire

Hawaii

Wisconsin

Texas

South Carolina

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14 New York

26 Maryland

27 Montana

15 Massachusetts

16 Florida

17 Missouri

18 Nebraska

19 Pennsylvania

20 West Virginia

21 Nevada

22 Connecticut

23 Arkansas

24 Illinois

25 New Jersey

37 Delaware

38 North Dakota

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Mississippi

South Dakota

Vermont CM

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COALITION FOR INTEGRITY

Appendix A: 2020 State Rankings

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STATE QF KANSAS-

AdminfStoi&sn .o(:'Campatgapnaoca,/ Conflict 6(}fite?st

&• Lobby Ing-Lates

§01 • 8, • Kansas ^vsffiueTopBkai'fCansas .668.12.

C7eS);2SS-421:9'(j3hW)(7a55'?ao

Christme Williams,Candidate for County commissioner 12/23/20 +30 $1000

Dante JavaheriCandidate for state representative N/A +30 $1000

Jerry Gum,

Candidate for district magistrate judge N/A +30 $1000

The following individuals failed to file the form or reports by the due date for penalty free filing. K.S.A. 25-4152 provides that a certified notice shall be sent, and that the individual shall have 15 days from the datesuch notice is placed in the mail to file the report. After that date, the civil penalty is $10 per day up to amaximum of $300. The following individuals did not file in a timely manner:

Appointment of treasurer or candidate committee form

Jerry Gum,

Candidate for district magistrate judge 1/11/21 +30 $300

Amended July 27,2020 Receipts & Expenditures Report

Bryan PruittCandidate for State Senate 11/23/20 10 $100

Mark SoikeTreasurer for Bryan Pruitt 11/23/20 10 $100

Stephanie YeagerCandidate for state representative 12/4/20 1 $10

Renee LeithoffTreasurer for Stephanie Yeager 12/4/20 1 $10

Janet RineCandidate for state representative 12/7/20 4 $40

Alysa SaucedaTreasurer for Janet Rine 12/7/20 4 . $40

Samantha Poetter,

Candidate for state representative 12/9 6 $60

Amanda McDaneld,Treasurer for Samantha Poetter 12/9 6 $60

Benjamin Hodge,Candidate for State Board of Education 1/10/21 25 $25

Page 2 of 2

STATE OF KANSAS

' Adminisfiation of ^^^W^^^. 9()^ ®- Kansas Avenue^Campaign Rnance, /®*'-1**''* •^^ Topeka, Kansas 66612; Conflict of Interest f- —^c-""---^S^ (785) 296-4219 (phone)& Lobbying Laws |''fc£


3rd District Libertarian Party of KS N/A +30 $300

Amended January 10, 2020.. Receipts & Expenditures ReportLavonia Ragsdale, treasurer


Erin Plaza, treasurer

KS Society of Anesthesiologists N/A +30 $300

Amended July 27,2020 Receipts & Expenditures ReportMichael Ginsberg,Treasurer Liberty Press Farm PAC 1/18/21 21 $210



Erin Plaza, treasurer

KS Society ofAnesthesiologists N/A +30 $300

Amended Receipts & Expenditures Report for October 29, 2018 and January 10,2019Erin Plaza, b-easurer

KS Society ofAnesthesiologists N/A +30 $300 each

PAC registration for 2020Merriam Langdon, treasurer

KS Democratic Party Disability Caucus N/A +30 $300

Karla Lisle, treasurer

Kansans for Conservative Values N/A +30 $300

PAC registration for 2018 and 2019Karla Lisle, treasurer

Kansans for Conservative Values N/A +30 $300 each

Page 2 of 2

STATE OF KANSAS

Administration of ^SiS^S^iS^. 901 s- Kansas Avenue, Campatgn Finance, ^.W

STATE OF KANSAS

Administration of.Campaign Rnance,1 Conflict of Interest& Lobbying Laws

GOVERNMENTAL ETHICS COMMISSIONhttps://ethics.kansas.gov

TO: Commission Members

FROM: Mark Skoglund, Executive Director

DATE: January 27, 2021

RE: Civil Penalty Waiver Requests

Name Violation- late filing of Receipts & ExpendihiresReport unless otherwise noted

901 S. Kansas AvenueTopeka, Kansas 66612(785) 296-4219 (phone)(785) 296-2548 (fax)

Amount

Scott Morris,District Magistrate judge candidate $ 100

Sara Woods,

County treasurer candidate $ 200

Julie Fletcher Cowell, (admmistrative, report was received 10/22/20 @ SOS)Candidate for District Magistrate judge $ 250

Trevor Jacobs,

Candidate for state representative $350

Thad Lauritzen,Treasurer Club 64 Firefighters PAC $ 1000

Jenny Niblock,Candidate for county commissioner $300

Steven Huebert,

Candidate state representative $ 100

Amanda McDaneld,Treasurer for Samantha Poetter $60

Michael HaleyCandidate for county commissioner $300

Courtney MikesicCandidate for district judge $500

Page 1 of 2

Josh HarrisCandidate for State Board of Education $ 1000

Timothy HarrisTreasurer for Josh Harris $300

Kevin Barone,

Lobbyist for $1400The Human Solution, The Capitol Lobby Group, KS Pawnbrokers Assoc.,KS. Naturopathic Providers, KS Massage Therapy Assoc., KS Bail Agents, Assoc.KS. Association of Oriental Medicine, CBD American, Shaman, Grown Hemp in KS,KS Farmers for Alternative Crop

Page 2 of 2

From: scott morris

To: KGEC EthicsSubject: Scott Morris Candidate for District Magistrate JudgeDate: Saturday, November 21, 2020 5:05:22 PM

:SXTERIM^K?is,em^[o!^^ ;fFom.ôutside|offfi/^ ai;]^;lmKs|oE|opea||K;3ttacfirnentsûhl^s7y^

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To Whom It May Concern:

We received in the mail today Civil Penalty Assessment Order of $100.00 for failure to file the October26, 2020 Receipts and Expenditures Report. This comes as surprise as we have been in communicationwith Karina Renna, State Campaign Finance Coordinator regarding this matter on an ongoing basis.

While it is a fact that we failed to file the October 26, 2020 Receipt and Expenditures Report, we were notaware that this was a report we were required to file as Scott was not a candidate in the general election.Once we received notification that we must file the report we did so. In fact, I received notification onOctober 30, 2020 and promptly filed the report. However, not having ever completed the Receipts andExpenditures report in the past I incorrectly recorded information on the schedule. On November 5, 2020I again spoke with Karina who clarified with me the correct schedule to complete and following herinstruction I filed an amended report and terminated both the July and October reports on that day.

We ask that you reconsider this $100.00 Civil Penalty Assessment Order and please let us know if thereis still incomplete information on our Receipts and Expenditures report that must be taken care of. It wasnever our intent to mislead or fail to file information. We, however, were obviously uneducated on how tocomplete the report.

Kindly,Paula J. Morris, Treasurer

Scott B Morris, Candidate for District Magistrate Jude

Paula Morris785-969-5281Scott Morris785-969-5280

November 23, 2020

Governmental Ethics Commission

901 S. Kansas Avenue

Topeka, Kansas 66612 • f\IQ\/ ^ ^

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RE.; Civil Penalty sl co^ffijs^

Sir,

I am requesting a waiver of the $200.00 fine for Sara Woods Candidate for County Treasurer. I am the

treasure for her, Melissa Drake. If was my job to file on time and due to me going into surgery for a knee

replacement on Wednesday October 7 I totally forgot about the filing until I returned to work and found

your ..letter in my desk. I rectified it as soon as possible.

If you require proof of the surgery I can send you either bills or my insurance statement.

Sincerely,

lelissg Drake

Treasurer for elect Sara Woods

November 27, 2020 ^^^

To the Governmental Ethics Commission: ^ Governmental Ethics Commission

I, Trevor Jacobs, request that the civil penalty o£.$3 50.00 be overturned and w%ved>,Due to the fact that the Receipts & Expenditures Report from my campaign was dueon the 26fh of October and there is an additional 48-hour grace period. (K.S.A. 25-4152The candidate shall be liable for a civil penalty of '$100 for the first day the report is more than 48 howslate md $50 for each subsequent day the report is late, but in no case shall the civil penalty exceed $1,000.

The commission may waive, for good cause, payment of any civil penalty imposed by this section.) The

Receipts & Expenditures Report was mailed out on October 23, 2.020, 3 days beforethe October 26, 2020 deadline and 5 days with the combined 48-hour grace periodaccording to the Federal Post mark date on fhe Trevor Jacobs R&E Report. (J havealso inserted a photocopy from the Kansas Secretary of State's office of the envelope that the report wasmailed in.)

Now with the Kansas Secretary of State office receiving my Receipts &Expenditures Report on November 4fh, it was a matter of mishandlmg andctreumstances that were out of any one person's control. Clearly the United States

Postal Office was experiencmg an extra demand and delivery payload upon theirservices, and simply did not deliver fits wd other parcels ©f importance m anexponential time frame.

On the part of my Treasurer and my Campaign there is no negligence and nomalicious disregard for the statutes of the state of Kansas. The fact is my Receipts.& Expenditures Report was mailed out ia the appropriate time j&ame and. ckarly "was

either lost or misplaced in the mail and was received late by no fault of anyone. Inall the years of my Campaign filing reports, not one time has there been a deadlinenot met.

Therefore, I submit this request to the Commission in good conscience and for goodcause asking for the decision to resc.md the civil penalty that is against my Campaignof $350.00 to be waived.

Respectfully,

Trevor Jacobs

1927LocustRDFojrt Scott, KS 66701

From; [email protected]

To: KGEC EthicsCG! t!auntzen(a>iaff64.ora

Subject! Civil Penalty to Club 64 FireflghtersDate; Wednesday, November 25, 2020 12:28:19 PM

£ZIEKMM:,;C[êmaâiiy:attacênfs:l:UDlessyo^

Kansas Governmental Ethics Commission,

I would like to take this time to apologize for this report not being returned by Oct, 26, 2020.1

was appointed Treasurer of Club 64 FF in June. Our report was filed in July and I did not realize that

in an election year we needed to File a report Q.uarterly. All of our Mail goes to a PO box but it was

my understanding that I had to supply an address without a PO box number and I gave my home

address. My Household did receive the report notifications but I myself did not until the Certified

Letter was received on 11/20/2020.

I apologize for the confusion on my part and am requesting that the Civil Penalty be waived.

Thad Lauritzen, Secretary-Treasurer

International Association of Fire Fighters, Local 64

7540 Leavenworth Road

PO Box 6243

Kansas City, KS 66106

913-788-8839 (office)

913-788-8852 (fax)

913-449-4480 (cell)

NW302Q,j

xss—^c«^Jenny Niblock

1880 County Road 0

Colby, KS 67701

November.23^ 2020

Mr. MarkSkoglund

Executive Director


901 S, Kansas Avenue

Topeka, KS 66612

Dear Mr. Mark Skoglund:

The purpose of this letter is to formally request a waiver of the civil penalty assessed for failure to

file an October 26, 2020 Receipts & Expenditures Report in a timely manner.

I am fully aware that I did not file the report as required, I was wrongfully under the impression

that I did not need to file since I did not have any expenses from the last report. I fully realize now

that I should have filed with a termination at that time. My actions were simply unawareness on

my part and not intended to be unlawful in any ma.nner.

Between slow rural Northwest Kansas mail and I being out bftown^ your letter notifying me of this

wrong doing written on October 28th was not received by myself until November, November 8,

2020. I tailed the office promptly on the morning of November 9, 2020 and completely all

requirements that morning,

Again, thank you for considering my request for a waiver. I have utmost respect for your office and

did not intend to be noncompliant in any matter.

Sincerely,

From;

To:

Subject!Date:~

Marshayuebert

KGEC EthicsRe: treasurer report 90th

Friday, December 4, 2020 3:54:52 PM

|£%TEKA^^ThisiemaU.^any,;attacKments:^

'.i&^^i.

Sherry, thank you for forwarding my treasurers report last month. I did get a registered letterfor bemg one day late. I talked to somebody last week and they said I could email a request towaive the $100 penalty. My wife has been my treasure for the last 20 years and is veryconscientious about getting reports turned in on time. This year we were dealing with healthissues in our family. Both Covid and non-Covid related and things were very hectic at the tmiethe report was due. We did work on the report on the day it was due but did not get it doneuntil that evening. I told my wife we could fax it in the next morning. I thought there was aone day grace period. The first attempt was faxed to the wrong number. Which was why wehad to resend it to you when we did. We had originally also faxed the report to the Sedgwickcounty election department who had also forwarded it to you. Thank you for considering myrequest to waive the penalty and let me know if there's anything else I need to do.Steve Huebert.

On Man, Nov 2, 2020 at 10:17 AM KGEC Ethics wrote:

Report has been received and forwarded to appropriate staff.

Respectfully,

Shewy,

Sherry Fergel

Office Manager


785-296-4219

Sherry.P.FergeKSiks.gov

Website:

https://ethics.kansas.gov

From: Marsha Huebert

Sent: Monday, November 2, 2020 10:11 AMTo: KGEC Ethics Subject: treasurer report 90th

EXTEKNAE^êmsS. :origmate3t:froin outside ;of fHe7©rgaruzafiom::Doôticdic^Qôpen]:any|:attaclim^

Please confirm receipt.

Warm Regards,

Marsha Huebert, ABR,CRS,Realtor

Coldwell Banker Plaza

I 316-253-6177

www.MarshaHuebert.com

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httDS://www.homesnan.com/Marsha-Huebert

*NOTICE: Coldwell Banker Plaza Real Estate does NOT send wiring instructions via email.If anyone from our organization is requestmg a wire b-ansfer, please call them directly*Management assumes no liability for failing to do this. Thank you.

Warm Regards,

Marsha Huebert, ABR,CRS,RealtorColdwell Banker Plaza316-253-6177www.MarshaHuebert.com

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*NOTICE: Coldwell Banker Plaza Real Estate does NOT send wiring instructions via email.If anyone from our organization is requesting a wire transfer, please call them directly*Management assumes no liability for failing to do this. Thank you.

^il/M^ Mf IW1L ^6r ^M^^l^^s*^-Renna, Karina [KGEC]

From: Amanda McDaneld

Sent; Monday, December 07, 2020 11:10 AM

To: Renna, Karina [KGEC]

Subject: Samantha Poetter - Treasurer Resignation - Please confirm receipt with response.

EXTTfi/VAi: This email originated from outside of the organization. Do not click any links or open any attachments unlessyou trust the sender and know the content is safe,

Dear Ms. Karina

I am sending this email in regards to the Treasurer Position on Ms. Poetter's campaign following our phone conversation

this morning.

I am aware that I was listed as the treasure when she submitted the paperwork to run.

On Monday, June 8th, 2020 I informed Ms. Poettervia text message that I would not be fulfilling the role of treasurer,

She stated that she would have it changed "next week".

On Saturday, October 10th, 2020, I sent Ms. Poetter a photo via text message of the letter dated 10-01-2020 from the

Governmental Ethics Commission asking if she ever got it changed over, referring to the treasurer position, She stated

via text message."! thought I did, Let me go into the system to confirm."

I would like this to record that I have never handled any donations or money for Ms, Poetter's campaign, nor have I ever

spent any campaign funds or seen/received any receipts for any expenditures.

The address that was listed for me in Paola, KS is my mother's home address, I wish all future mail for me be sent to my

address, 312 Huckstep Ave, Stafford, VA 22556,

I have informed Ms. Poetter that the amended July report needs to be submitted and that since December 4th, 2020 a

$10 daily fine has been and will be incurring until it is submitted. I also informed her the January report is due soon. I

also informed her either she needed to submit a new form for a new treasurer or I need to send a letter of resignation

in.

If you have any further questions or need clarification, please feel free to contact me at 913,731.6603.

Best Regards,

Ajnanda M.eDaneld

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STATE OF KANSAS

^C9,.erast

j Laws

GOVERNMENTAL ETHICS COMIVHSSIONlittps://ethics,kansas-gov

901 B, Kansas Avenus

Topeka, Kansas 66612(785) 296-4219 (phone)(785) 296-2543 (fax)

Michael Haley • •. •; ;.-.

Candidate for County. Commissioner:99 N155 Rd •DelphosKS 67436 :

October 28, 2020

NOTIFICATION OF FAILURE TO FILETHE OCTOBER 26, 2020 RECEIPTS & EXPENDITUKES REPORT

la cliecking with fhe Connty Clerk/County Election Commissioner, we have been informed tiiatyour campaign has failed to file the July 27,2020, Receipts & Expenditures Report as required bylaw. The report must be completed and filed withia five (S) days from fhe date of Ids notice toprevent a formal complamf from bemg filed which can result mcivU tmes."

Failure to file the report -mfhm two days wffl result m the assessment of civil penalties. Asprovided by 2018 K.SA. 25-4152, you have until October 30, which is 2 days from the date ofthis notice, to comply with the reporting requirements before a civil penalty is rmposed. Theaufom.aticaUy-im.posed civil penalty is $100 for the first day and $50 per day thereafter foreach day the required report remains uafiled. No civil penalty shall exceed $1,000.Additionally, if the report remains unfiled after 15 days, or after November 12, 2020, thetreasurer will also be assessed a .civil penalty of $10 per day not exceed $300. Also, there arecrhmna] penalties for mtentionaUy failing to file the report. Pursuant to K.S.A. 25-4167, theuitentional failure to file fhe required report is a class A misdemeanor. In addition, you may notaccept contributions or make expenditures until the required report has been filed.

File the required report witiun five (5) days with the County Clerk/Couaty Election.Commissioner. Iffhe report is not'filed. within, two (2) days, civil penalties will be imposed, Asprovided by law, a copy of tins notice has been. made a part of your record in the CountyClerk/Coimty Election Commissioner's Office.

Additional iDfomiation and assistance may be obtained by •writmg or calling this office.

Sincerely,

vW^.

December 12, 2020Mark SkoglundExecutive Director

901.S. Kansas Ave

Topeka,KS66612

RE: Courtney Mikesic Candidate for District Court Judge

Dear Mr. Skoglund,

This letter is to serve as a Petition for Waiver of Penalty for Judicial Review in response to the Civil PenaltyAssessment Ordered November 18, 2020 against Courtney Mikesic, Candidate for District Judge. It is also arequest to be present at the hearing.

During the months of October and November Wyandotte County Kansas was under strict "Stay at HomeOrders," implemented by its Mayor and Health Department as COVID numbers surged greater than therest of the State. Mail was delayed for days at a time and in some cases not delivered or received at all. In

this specific case, we experienced a four (4) day delay of receiving the notification of "Failure to File."

Timeline:

10.27.20 (Tuesday) letter states it was sent from Governmental Ethics Commission Office10.31.20 (Saturday) letter was received by Treasurer for Candidate Mikesic, four (4) days later11.02.20 (Monday) Treasurer calls and speaks to Governmental Ethics Commission Office.

During that phone call the Treasurer notifies office that letter states "failure to file report within two(2) days will result in the assessment of civil penalties." Treasurer also notifies the GovernmentalEthics Commission Office that the letter states "the report must be completed and filed within fivedays from the date of this notice."

The Treasurer contacted the Governmental Ethics Commission Office on November 2, 2020 and during thatcall explained the campaign was made aware of the late filing on Saturday, Oct. 31st, 2020 and in responsethe Treasurers was told to "notworrv_about the timelines and just make sure vou qet the report filed within

the next 7-10 days and you won't have a Rrobjem. "

The Treasurer for Candidate Mikesic followed the instructions and filed the report promptly the followingweekend, Saturday, Nov. 7, 2020 (within "7-10 days").

It was believed that all filing deficiencies were corrected at this time. A review of this Campaign's filinghistory will display an impeccable history of timely filings. It's only logically that this campaign year wouldbe similar. The only difference was a global pandemic, delays in the mail and communication by Topekaindicating that this matter would be corrected as long as it was submitted within "7-10 days,"

Therefore, I request that you please review this matter and amend your decision and dismiss any fines or

fees. The Campaign and Candidate Courtney Mikesic for District Judge has a history of timely reporting andgreat reputation. This year's delays of reports were due to a global pandemic and miscommunications with

Topeka as set forth above.

Sincerely,

Courtney Mikesic/JeffStoppel (Campaign Treasurer)

From:

To:

Subject!Date:

KGEC EthicsLetter Requesting Waiver of Civil PenaltyFriday, December 18, 2020 5:37:33 PM

EXTEKNAK. Suslemaiiongmafed.firom'o^ orgamzafiom.Do not clid^any, links:joTOpe)E,S

any^Mclmients:^^^

Dear Mr. Skoglund,

I am writing in response to your November 19, 2020 letter explaining theGovernmental Ethics Commissions' review of my file and the subsequent civil penaltyassessment order. I received the letter and order today, Friday, December 18,2020.I

am writing to humbly request a waiver of the penalties for myself and any penaltiesfor my father, Tim Harris, who I listed as my campaign treasurer.

Let me begin by apologizing for the incredible inconvenience I have caused you andthe Governmental Ethics Commission. When I checked my P.O. Box today at thepost office while I was there to mail Christmas packages, I immediately saw howmany letters the Commission mailed me and knew before opening the envelopes thatI must have neglected something very important. I then picked up the certified mailenvelope which contained the Civil Penalty Assessment Order, and called Ms. SherryFergel right away. Ms. Fergel was very helpful and transferred me to another helpfulrepresentative. I explained to this representative the following information:

I started a write-in campaign less than two weeks before the primary election, andbeing new to the political world and processes, I learned that some of the first things Ineeded to do included opening a P.O. Box and a bank account. I did these two

things, and one individual mailed me a $75.00 check, a second individual handed outflyers, and a third individual created a social media graphic. I (incorrectly) understoodthat reporting requirements did not apply to campaigns that raised less than a certainthreshold. With this incorrect understanding and then my loss of the election, I(wrongly) concluded that I was finished with the campaign and any associatedrequirements. Thankfully, today I learned from Ms. Fergel and her colleague that theremaining campaign funds may be issued to a charity. This afternoon, I issued acashier's check for the balance of the bank account to Topeka Bible Church for theirChristmas Project, raising support for Project 2 Restore, a home for victims of humantrafficking. Finally, this evening, I have completed the two required Campaign FinanceReceipts & Expenditures Reports.

Ms. Fergel and her colleague advised that I send an email to this email address torequest waiver of the penalties, before sending any payment of penalties. Iappreciate your consideration in waiving part or all of the civil penalties. If it is at allpossible, I would appreciate any penalties levied be solely applied to me and not TimHarris. This is solely a result of my actions and any penalties assessed should be my

responsibility.

I again want to express my sincere apology for the time and inconvenience that Ihave caused Mr. Hale, the Committee, Ms. Fergel, your other colleagues, and you.Thank you, again, for your time and consideration.

Sincerely,Josh Harris785-231-9479

From: Kevin Barone

To: KGEC EthicsCc: Kevin Barone; Dakota Loomis

Subject! Ethics requestDate: Tuesday, January 26, 2021 9:03:55 AM

EZIE'KA^^Tliisemait^'ongma^aSyJattacUmentsunte^^^^|ra||^:||:ii.:VK^|:;^|®^^ iiifis?8iiiii

Mrs. Fergel,Members of the Ethics Board

Re; Waiver of fines

This is a fonnal request to reconsider the waiver of half, $1,400, of the $2,800 fme imposedupon me by this board. As you know I was fined for not having completed all my formsproperly last year. The board sent me a letter stating if I paid half by a date certain, that wouldbe good enough to satisfy the penalty.

Unfortunately I didn't receive the letter until after the date certain had past. Then I becamevery ill and spent ahnost three months in the hospital, a situation I'm still recovermg from.

I understand that this whole sitiation was a direct result of my own failure to properly followthe laws. I have paid the original offer of $ 1400.00 for my penalty and ask that the boardwaive the balance.

In 21 years of lobbying this was the first time I had failed to properly follow the laws and thefirst time I had a penalty imposed. The sihiation has been corrected, and I contend it will nothappen again.

I thank you in advance for your consideration of my request to accept and pay the amountrequested for the fme, and waive the balance.

From the mobile desk of:Kevin Barone J.D,

The CLG785.213.1111

BEFORE THE KANSAS GOVERMENTAL ETHICS COMMISSON

(Commission Use Only)

MARK SKOGLUND, Executive Director,

Kansas Governmental Ethics Commission

Complainant

MICHAEL B. O'DONNELL U,

Candidate for State Senate, District 25,and

for Sedgwick County Commission, District 2610 South Sheridan

Wichita, Kansas 67213

Respondent.

)))) Complaint No. 690

))

s ))))

J

FIRST AMENDED COMPLAINT

A. Complainant; Executive Director IVIark SkoglundKansas Governmental Ethics Commission901 S. Kansas Ave.Topeka, Kansas 66612

B. Respondent: Michael B. O'DonneU 11610 Soufh SheridanWichita, Kansas 67213

C. Complaioaot alleges:

Count 1—Prohibited Use of Contribution Moneys

On or about January 2, 2016, in Kansas, as a candidate or treasurer of a candidate appointed

under the campaign finance act, Michael B. O'Donnell did then and there use moneys received

as a contribution and the use was not for (1) legitimate campaign purposes; (2) expenses of

holding political office; (3) contributions to the part}' committees of the political party of which

such candidate is a member; (4) any membership dues related to the candidate's campaign paid

to a community service or civic organization in the name of the candidate; (5) any donations paid

to any organization which is recognized as a 50l(c)(3) tax exempt organization or any religious

organization, community service or civic organization, in the name of the candidate but only if

the candidate receives no goods or services unrelated to the candidate's campaign as a result of

the payment of such donations; (6) expenses incurred in the purchase of tickets to meals and

special events sponsored by any organization the major purpose of which is to promote or

Page 1 of 5

facilitate the social, business, commercial or economic well being of the local community; or (7)

expenses incurred in the purchase and mailing of greeting cards to voters and constituents; to-wit

gave $1,000 from Michael For Kansas contribution moneys to Colby Ranlun, in violation of

K.S.A. 25-4157a(a) and punishable by assessment of a civil fine in an amount not to exceed

$5,000 for the first violation, not to exceed $10,000 for the second violation, and not to exceed

$15,000 for tile third violation and for each subsequent violation m addition to any other penalty

prescribed under the campaign finance act, pursuant to K..S.A. 25-4181.

Count 2—Fraudulent Reporting

On or about February 13, 2017, in Kansas, as a treasurer, a candidate, or Gandidate committee

appointed under the campaign finance act, Michael B. O'Donnell did then and there intentionally

make a false material statement in a report made under the campaign finance act, to-wit: $1,000

disbursement to Colby Rankin for event help/campaiga services dated January 2, 2016, itemized

on Schedule C on the Michael For Kansas amended campaign finance report for the period from

January 1, 2016, through December 31, 2016, as required by K.S.A. 25-4148(a)(3), in violation

ofK.S.A. 25-4168, punishable by assessment of a civil fine in an amount not to exceed $5,000

for die first violation, not to exceed $10,000 for the second violation, and not to exceed $15,000

for the third violation and for each subsequent violation in addition to any other penalty

prescribed under the campaign finance act, pursuant to K-.S.A. 25-4181.


On or about January 2, 2016, in Kansas, as a candidate or treasurer of a candidate appointed

under the campaign finance act, Michael B. O'Donnell did then and there use moneys received

as a contribution and the use was not for (1) legitimate campaign purposes; (2) expenses of

holding political office; (3) contributions to the party committees of the political party of whichsuch candidate is a member; (4) any membership dues related to the candidate's campaign paid

to a contmiuuty service or civic organization in the name of the candidate, (5) any donations paid

to any organization which .is recognized as a 50l(c)(3) tax exempt organization or any religious

organization, community service or civic organization in the name of the candidate but only if

the candidate receives no goods or services unrelated to the candidate's campaign as a result of

the payment of such donations; (6) expenses incurred in the purchase, of tickets to meals and

special events sponsored by any organization the major purpose of which is to promote or

facilitate the social, business, commercial or economic well being of the local community; or (7)

expenses incurred in the purchase and mailing of greeting cards to voters and constihients; to-wit

gave $1,000 from Michael For Kansas contribution moneys to Jonathan Dennill, m violation of

K.S.A.25-4157a(a) and punishable by assessment of a civil fme in an amount not to exceed


Page 2 of 5

$ 15,000 for the tliird violation and for each subsequent violation in addition to any other penalty

prescribed under the campaign finance act, pursuant to K.S.A. 25-41 81.


On or about February 13, 2017, in Kansas, as a treasurer, a candidate, or candidate committee

appointed under the campaign finance act, Michael B. O'Donnell did then and there intentionally

make a false material statement in a report made under the campaign finance act, to-wit: $1,000

disbursement to Jonathan DenniII for photography services datedJanuary 2, 2016, itemized on

Schedule C on the Michael For Kansas amended campaign finance report for the period from

January 1,2016, through December 31,2016, as required by K.S.A. 25-4l48(a)(3), in violation

ofK.SA. 25-4168, and punishable by assessment of a civil fine in an amount not to exceed


$15,000 for the third violation and for each subsequent violation in addition to any other penalty

prescribed under the campaigo finance act, pursuant to K.SA. 25-41 81.

Count 5—Comingling

On or about January 4, 2016, m Kansas, as a candidate or treasurer of a candidate appointed

under the campaign finance act, Michael B. O'Donnell did then and there commgle contributions

received by a candidate with personal funds of the candidate, to-wit: deposited $2,000 disbursed

from the Michael for Kansas campaign account into Michael B. O'Donnell's personal checking

account, in violation ofK.S.A. 25-4147(e), punishable by assessment of a civil fine in an amount

not to exceed $5,000 for the first violation, not to exceed $] 0,000 for Uie second violation, and

not to exceed $15,000 for tile third violation and for each subsequent violation in addition to any

other penalty prescribed under the campaign finance act, pursuant to K.S.A. 25-4181.


On, about or between February 2, 2015, and December 27,2016, in Kansas, as a caodidate or

treasurer of a candidate appointed under the campaign finance act, Michael B. O'Donnell did

then and there use moneys received as a contribution and the use was not for (1) legitimate

campaign purposes; (2) expenses ofho]ding political office; (3) coutributions to the party

committees of the political party of which such candidate is a member; (4) any membership dues

related to the candidate's campaign paid to a community service or civic organization in the

name of the candidate; (5) any donations paid to any organization which is recognized as a

501(c)(3) tax exempt organization or any religious organization, community service or civic

organization in the nam& of the candidate but only if the candidate receives no goods or services

unrelated to the candidate's campaign as a result of the payment of such donations; (6) expenses

Page 3 of 5

mcurred in the purchase of tickets to meals and special events sponsored by any organization the

major purpose of which is to promote or facilitate the social, business, commercial or economic

well being of the local community; or (7) expenses incurred in the purchase and mailing of

greeting cards to voters and coristltuents; to-wit: gave a total of $6,400 from Michael For Kansas

and M'ichael for Sedgwick County contribution moneys to David Jorgensen, in violation of

K.S.A. 25-4157a(a) and punishable by assessment of a civil fme in an amount not to exceed

$5,000 for the first violation, not to exceed $10,000 for the second violation, and iiof to exceed

$15,000 for the third violation and for each subsequent violation in addition to any other penalty

prescribed under the campaign finance act, pursuant to K.S-A. 25-4181.


On, about or between January 8, 2016, and February 1 3, 2017, in Kansas, as a treasurer, a

candidate, or candidate committee appointed under the campaign finance act, MichaelB,

O'Donnell did then and there intentionally make a false material statements in reports required

under the campaign finance act, to-wit: itemized disbursements totaling $6,400 to .David

Jorgensen for campaign services or accounting services, on Schedule C of the Michael For

Kansas and Michael for Sedgwick County campaign finance reports, as required by K.S.A. 25-

4148(a)(3), in violation ofK.S.A. 25-4168, and punishable by assessment of a civil fine in an

amount not to exceed $5,000 for the first violation, not to exceed $ 10,000 for the second

violation, and not to exceed $15,000 for the third violation and for each subsequent violation in

addition to any other penalty prescribed under the campaign finance act, pursuant to K.S.A, 25-

4181.


On, about or between December 15, 2015, and May 5, 2016, in Kansas, as a candidate or

treasurer of a candidate appointed under the campaign finance act, Michael B. O'Donnell did

then and there use moneys received as a contribution and the use was not for (1) legitimate

campaign purposes; (2) expenses ofholdmg political office; (3) coirtributions to the party

committees of the political party of which such candidate is a member; (4) any membersliip dues

related to the candidate's campaign paid to a community service or civic organization in the

name of the candidate; (5) any donations paid to any organization which is recognized as a

501(c)(3) tax exempt organization or any religious organization, community service or civic

organization in the name of the candidate but only if the candidate receives no goods or services

unrelated to the candidate s campaign as a result of the payment of such donations; (6) expenses

incurred in the purchase of tickets to meals and special events sponsored by any organization the

major purpose of which is to promote or facilitate the social, business, commercial or economic

well being of the local community; or (7) expenses incurred in the purchase and mailing of

greeting cards to voters and constituents; to-wit: gave a total of $2,100 from Michael For Kansas

Page 4 of 5

contribution moneys to Jack Mastcrson, in violation of K.S.A. 25-4157a(a) and punishable by

assessment of a civil fine in an amount not to exceed $5,000 for the first violation, not to exceed

$10,000 for the second violation, and not to exceed $15,000 for the third violation and for each

subsequent violation in addition to any other penalty prescribed under the campaign finance act,

pursuant to K.S.A. 25-4181,


On, about or between January 8,2016, and February 13,2017, in Kansas, as a treasurer, a

candidate, or candidate committee appointed under the campaign finance act, Michael B.

O'Donnell did then and there intentionally make false material statements in reports required

under the campaign finance act, to'wit: itemized disbursements totaling $2,100 to Jack

Masterson for campaign services, on Schedule C on the Michael For Kansas campaign finance

report, as required by K.S.A. 25-4148(a)(3), inviolatioaofK.S.A, 25-4168, and punishable by

assessment of a civil fine in an amount not to exceed $5.000 for the first violation, not to exceed

$ 10,000 for the second violation, and not to exceed $15,000 for the third violation and. for each

subsequent violation m addition to any other penalty prescribed un(.ler-the-patiipaiga finance act,

pursuant to K.S.A. 25-4181. /

D. Verification:

State of Kansas

County of Shawnee

Signature' of-cotriplamant

)) ss)

I, Mark Skoglund, do swear (or affirm) that this complaint (and aoy accompEinsd.ng schedules andstatements) has been examined by ms and to the best of my knpwlejdge, u^formati'Qn and belief istrue, correct and complete.

Subscribed and sworn (affirmed) to before me this

Signature Qf.cotifplaman.t

ay of January 2021.

J^T-^f '

My appQintment expires: ()'/1

Notary Public

BEFORE KANSAS GOVERNMENTAL ETHICS COMMISSONPursuant to K.S.A. 46-215, et seq.

MARK SKOGLUND, )Executive Director, Complainant, )

)v. ) Complaint No.: 690

)MICHAEL B. O'DONNELL II, )

Respondent )

J

CONSENT DECREE

NOW, on January 27, 2021, the above captioned matter comes before the Kansas

Governmental Ethics Commission ("Commission") for a hearing, as provided in K.S.A. 25-4161,

upon a complaint alleging violations of the Kansas campaign fmance act, specifically, K.S.A. 25-

4157a(a), Prohibited Use of Contribution Moneys; K.S.A. 25-4168, Fraudulent Reporting; and

K.S.A. 25-4147(e), Cominglmg. Mark Skoglund appears in his capacity as executive director of

the Kansas Governmental Ethics Commission and by counsel, Brett Beny. Respondent Michael

B. O'Donnell II appears in person, and by counsel, Joshua Ney.

The parties jointly stipulate to the facts and consent to the action set forth below,

provided, that the undersigned parties agree that the Respondent's stipulation to the following

proposed findings of fact are for the sole purpose of resolving the factual dispute in this matter,

and are not an admission by O'Donnell for any purpose other than settlement in this matter, as

provided by K.A.R. 19-7-11.

-1-

The undersigned Respondent acknowledges that he has received and reviewed a copy of

the First Amended Complaint in this matter and submits to the jurisdiction of the Kansas

Governmental Ethics Commission.

The undersigned Respondent further acknowledges that he is aware of the various rights

and privileges afforded by law, including but not limited to: the right to appear and be

represented by counsel; the right to have all allegations against Respondent be proven upon the

record by competent and substantial evidence; the right to cross-examme any witaesses

appearing at the hearing against Respondent; the right to present evidence on Respondent's

behalf at the hearing; and the right to a decision upon the record of the hearing. Being aware of

these rights provided to Respondent by operation of law, the undersigned Respondent knowingly

and voluntarily waives each and every one of these rights and freely enters into this Joint

Stipulation of Facts, Waiver of Hearing before the Kansas Governmental Ethics Commission,

and Consent Order with Joint Proposed Findings of Fact and Conclusions of Law, and agrees to

abide by the terms of this document.

The undersigned parties jointly agree that nothing in this document is intended, nor shall

it be interpreted, to limit the civil or criminal remedies that may be available to Respondent, his

heirs, successors, or assigns; and other affected parties.

The undersigned parties acknowledge that K.S.A. 25-4184 requires the Respondent to be

in violation of the Kansas campaign finance act as a condition precedent to the Respondent's

entering into a consent decree.

The undersigned parties further agree that this stipulation is jointly made based upon the

Respondent's understanding of the requirements of Kansas law at the time of this agreement and

not his understanding at the time of the acts described, and upon which stipulation the

—2—

commissioners may issue its report and order for purposes of settlement, as provided by K.A.R.

19-7-11.

Based upon the foregoing, the Complainant and Respondent jointly stipulate that the

Kansas Governmental Ethics Commission adopt as its own the Joint Proposed Fmdmgs of Fact

and the Joint Proposed Conclusions of Law, as follows:

JOINT PROPOSED FINDINGS OF FACT

1. The Kansas Governmental Ethics Commission ("the Commission") is an agency of

the State of Kansas established pursuant to K.S.A. 25-4119a, in part for the purpose

of implementing and enforcing the provisions of the Kansas campaign finance act,

K.S.A. 25-4142, etseq.

2, Michael B. O'Donnell, II, ("O'Donnell") was a candidate for state office as defmed in

K.S.A. 25-4143, by virtue of his candidacy for Kansas Senate in the 25 district in

2012 and remained a candidate at all times pertinent to the underlying allegations in

this complaint.

3. O'Donnell was a candidate for local office as defined in K.S.A. 25-4143 by vutue of

his candidacy for Sedgwick County Commission in District 2 in 2016 and was a

candidate at all times pertinent to the underlying allegations in this complaint.

4. As a candidate for state and local office, O'Donnell received contributions of moneys

to his respective campaigns for state and local office which he respectively

maintained in "Michael For Kansas" and "Michael For Sedgwick County" campaign

accounts.

-3-

5. O'DonnelI did not maintain written engagement, retainer, or other employment

agreements with Colby Rankin, Jonathan Dennill, David Jorgensen, or Jack

Masterson.

6. On January 2, 2016, O'Donnell gave Colby Rankin $1,000 from contributions in the

Michael For Kansas account purportedly for event help and campaign services which

Colby Rankin admits that he did not perform nor was he ever asked to perform.

7. Although Colby Rankin received other payments in exchange for actual material

work performed for the campaign, the totality of the circumstances surroundmg the

January 2,2016 payment show that the payment did not correspond to actual material

work for the campaign.

8. On February 13, 2017, O'Donnell filed a campaign finance report for the January 1,

2016, through December 31,2016, reporting period in which it is falsely reported that

the January 2,2016, payment to Colby RanMn was for event help and campaign

services.

9. On January 2,2016, O'Donnell gave Jonathan Dennill $1,000 from contributions in

the Michael For Kansas account purportedly for photography services which Jonathan

Dennill admits that he did not perform nor was he ever asked to perform.

10. Although Jonathan Dennill received other payments in exchange for actual work

perfonned for the campaign, the totality of the circumstances surrounding the January

2, 2016 payment show that the payment did not correspond to actual material work

for the campaign.

-4-

11. On February 13, 2017, O'Donnell filed a campaign finance report for the January 1,

2016, through December 31,2016, reportmg period in which it is falsely reported the

January 2,2016, payment to Jonathan Denrull was for photography services.

12. Colby Rarikin and Jonathan Dennill returned the $1,000 they had each respectively

received from O'Donnell, who on January 4,2016, deposited the total $2,000

disbursed from the Michael For Kansas campaign account to Rankin and Dermill into

his personal checking account for personal use and not for repaying a legitimate

campaign debt or making any other legitimate campaign expenditure.

13. Between February 15,2015, and December 27,2016, O'Donnell gave David

Jorgensen a total of $6,400 over 15 separate payments from contributions m the

Michael For Kansas and the Michael For Sedgwick County contribution moneys

purportedly for campaign or accounting services which David Jorgensen admits that

he did not perform nor was he ever requested to perform.

14. Although David Jorgensen received other payments in exchange for actual material

work performed for the campaign, the totality of the circumstances surrounding these

15 payments show that the payments did not correspond to actual material work for

the campaign.

15. On January 8,2016, January 3, 2017, and February 13,2017, O'Donnell fded

campaign finance reports for the Michael For Kansas and Michael For Sedgwick

County campaigns which falsely reported a total $6,400 over 15 separate payments in

disbursements paid to David Jorgensen was for campaign or accounting services.

16. Between December 15, 2015, and May 5, 2016, O'Donnell gave Jack Masterson a

total of $1500 over 5 separate payments from contributions in the Michael For

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Kansas contribution moneys purportedly for campaign services which Jack Masterson

admits that he did not perform nor was he ever requested to perform.

17. Although Jack Masterson received other payments in exchange for actual material

work performed for the campaign, the totality of the circumstances surrounding these

5 payments show that the payments did not correspond to actual material work for the

campaign.

18. On January 8,2016, and February 13,2017, O'Donnell filed campaign finance

reports for the Michael For Kansas campaign in which it is falsely reported that the

disbursements paid to Jack Masterson were for campaign services.

19. The disbursements, referenced herem and made by O'Donnell from campaign

moneys in the Michael for Kansas and Michael for Sedgwick County accounts, were

not for any statutorily permitted use for contribution moneys and thus constituted

personal use of campaign funds.

JOINT PROPOSED CONCLUSIONS OF LAW

1. O'Donnell was a candidate for state or local office at all times relevant to the

allegations in the First Amended Complaint filed in the above captioned matter as

that term is defined in K.S.A. 25-4143.

2. Pursuant to K.S.A. 25-4 157a(a) personal use of contribution moneys is prohibited and

may only be used for (1) legitimate campaign purposes; (2) expenses of holding

political office; (3) contributions to the party committees of the political party of

which such candidate is a member; (4) any membership dues related to the

candidate's campaign paid to a community service or civic organization in the name

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of the candidate; (5) any donations paid to any organization which is recognized as a

501(c)(3) tax exempt organization or any religious organization, community service

or civic organization in the name of the candidate but only if the candidate receives

no goods or services unrelated to the candidate's campaign as a result of the payment

of such donations; (6) expenses mcurred in the purchase of tickets to meals and

special events sponsored by any organization the major purpose of which is to

promote or facilitate the social, business, commercial or economic well being of the

local community; or (7) expenses mcurred in the purchase and mailing of greeting

cards to voters and constituents.

3. Pursuant to K.S.A. 25-4148, candidates for state and local office are required to file

campaign finance reports.

4. Pursuant to K.S.A. 25-4168, intentionally making a false material statement in a

report made under the campaign fmance act is a violation of the act.

5. Pursuant to K.S.A. 25-4147(e), contribution moneys received by a campaign may not

be comingled with personal fimds of the candidate.

6. Violation ofK.S.A. 25-4157a, K.S.A. 25-4168, and K.S.A. 25-4147(e) are punishable

by civil fine in an amount not to exceed $5,000 for the first violation, not to exceed

$10,000 for the second violation, and not to exceed $15,000 for the third violation

and for each subsequent violation in addition to any ofher penalty prescribed under

the campaign finance act, pursuant to K.S.A. 25-4181.

THEREUPON, in the interest of settlement, the foregoing the parties stipulate and agree

to the above findings of fact and conclusions of law and that the parties are free to make

arguments and recommendations regarding the assessment of any fines which may be imposed,

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including but not limited to: (1) guidance regarding fines previously imposed for sumlar

violations for uniformity and consistency, (2) the statutory range of fines that may be imposed,

(3) responding to questions of the commissioners regarding disposition, and (4) rebuttal of

arguments and statements which are inaccurate or misleading.

WHEREFORE, the Commission hereby approves and orders that this Consent Decree,

duly signed by the parties, should be and hereby is binding on the parties and entered into the

public record,

BY DIRECTION OF THE COMMISSION

Nick Hale, Chair/Presiding OfficerKansas Governmental Ethics Commission

PREPARED AND APPROVED BY:

BretlW. Berry, #15026General CounselKansas Governmental Ethics "S'ommission

APPROVED BY:

/s/ Joshua A. Ney

Joshua Ney, #24077Counsel for Michael B. O'Donnell

#4 · 2021. 1. 27. · thad lauritzen, treasurer club 64 firefighters $ 1000 civil penalty...

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