Kansas Senate bill would address conflicts of interest in local government — but not in Legislature

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Proponents see the bill as increasing government transparency, while opponents are concerned with what they view as overly broad language and hypocrisy

TOPEKA — A Senate bill seeks to prohibit conflicts of interests by banning local government officials from voting on major development projects in which they have a “substantial interest.”

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Senate Bill 66, introduced by Republican Sen. Mike Thompson of Shawnee, attempts to increase local-level transparency. Thompson, and other proponents, argue that local officials often vote on projects that would personally benefit them because they’re not required to recuse themselves.

Supporters see the bill as increasing government transparency and constituents’ confidence, while opponents see the bill as overly broad with its definition of “substantial interest” and hypocritical, since the Legislature would not have to follow the same rules.

Proponents of the bill took aim at local officials during a hearing Wednesday before the Senate local government committee.

“There’s always one individual who has skin in the game. They’re actually so recognizable that I’ve nicknamed them ‘the coach,’ ” said Angel Cushing, who identified herself as a property rights advocate.

Charlotte O’Hara, a former Kansas House member and Johnson County commissioner, provided a list of six times she said local officials voted with a conflict of interest

O’Hara said a Johnson County Commission chairman voted to grant $1.5 million to the 2026 FIFA World Cup in Kansas City, despite being on the Kansas City World Cup leadership board. She said the ability of officials to vote on projects that would benefit them financially reinforces the “good ol’ boys club.”

“I’ve watched this for 40 years. It’s just the way we do business,” O’Hara said. “This is a problem. You can’t hide from it.”

O’Hara says the bill is trying to establish confidence in local governments. 

“Hopefully this will give people confidence that this process isn’t so skewed to those well connected,” O’Hara said.

Opponents of the bill raised concerns about the definition of  “substantial interest.” The bill defines “substantial interest” as when the official, their spouse, ex-spouse, relative or intimate partner — including former roommates —  would benefit from the project.

Opponents also said the bill would create challenges for small local governments, including increased paperwork and unrealistic monitoring expectations.

Jay Hall, the Kansas Association of Counties deputy director and general counsel, said small county officials often take on multiple roles within the community.

“In our smaller counties, it would be very difficult for someone to not have an interest in those areas, because not only are our county commissioners and other county staff involved in their community but they also sit on various boards,” Hall said.

Hall pointed to a failed amendment offered recently on an unrelated bill that would have required senators to abstain from a vote when they have a conflict of interest.

“It failed in large part because you as senators were concerned you wouldn’t be able to represent your districts,” Hall said.

When similar bills have been introduced in the past, opponents have found the application to local governments and not to the Legislature to be problematic. Spencer Duncan, a member of the Topeka City Council who appeared before the committee on behalf of the League of Kansas Municipalities, noticed this pattern again.

“If it’s a concern at the local level, we are all government together,” Duncan said. “It should, of course, be a concern up here. And as usual, this bill only goes after local governments. It does not go after you, the state Legislature. If you’re going to do it unto us, do it unto yourself.”

Kansas Reflector is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Kansas Reflector maintains editorial independence. Contact Editor Sherman Smith for questions: info@kansasreflector.com. Follow Kansas Reflector on Facebook and Twitter.

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