BenjaminHodge.org. Hodge, Kansas economic conservative.

Link: http://kansas.watchdog.org/2009/10/29/letter-to-joco-da-from-kansas-press/ or http://kansas.watchdog.org/2009/10/29/letter-to-joco-da-from-kansas-press/print/

- Kansas Watchdog - http://kansas.watchdog.org -

Letter to JoCo DA from Kansas Press

Posted By Earl Glynn On October 29, 2009 @ 9:14 pm In Accountability, Blog, Kansas Government, Transparency | 5 Comments

Shown below is the letter to the Johnson County District Attorney ^[1] from three Kansas press/open records groups about a Kansas Open Meetings Act (KOMA) ^[2] complaint from a former JCCC trustee ^[3].

The letter requests that DA Steve Howe review the original complaint filed by JCCC trustee Ben Hodge in light of a recent opinion by Kansas Attorney General Steve Six.

Letter to JoCo DA Steve Howe from Kansas Press ^[4] -

Related:

• Howe stands by earlier opinion on JCCC closed meeting ^[5], KC Star Prime Buzz, Oct 29, 2009.
• Kansas Open Records, Open Meetings in the news ^[6], Kansas Watchdog, Oct 28, 2009.
• Howe should embrace open meetings law, not restrict it ^[7], KC Star Midwest Voices, Oct 28, 2009.
• Kansas’ open meetings law must always be heeded ^[8], Kansas City Star, Oct 29, 2009.
• Press Association questions Howe’s KOMA opinion ^[9], KC Star Prime Buzz, Oct 27, 2009.
• Press group seeks review of an open meetings opinion ^[10], Kansas City Star, Oct 27, 2009.
• JoCo DA says JCCC did not violate open meetings law ^[11], KC Star Prime Buzz, July 16, 2009.
• JCCC Press Release:  DA finds JCCC trustees did not violate Kansas Open Meetings Act ^[12], July 16, 2009.
• JCCC’s version of the family feud ^[13], KC Star Prime Buzz, March 27, 2009.
• President, trustee at odds over leak ^[14], Campus Ledger, March 12, 2009.
• Hodge replies to JCCC’s Calaway ^[15], KC Star Prime Buzz, March 5, 2009.
• JCCC president responds to Prime Buzz blog ^[16], KC Star Prime Buzz, March 3, 2009.

URL to article: http://kansas.watchdog.org/2009/10/29/letter-to-joco-da-from-kansas-press/

URLs in this post:

[1] Johnson County District Attorney: http://da.jocogov.org/

[2] Kansas Open Meetings Act (KOMA): http://kansas.watchdog.org/resources/open-records/

[3] JCCC trustee: http://www.jccc.edu/home/depts/000001

[4] Letter to JoCo DA Steve Howe from Kansas Press: http://www.docstoc.com/docs/14184700/Letter to JoCo DA Steve Howe from Kansas Press

[5] Howe stands by earlier opinion on JCCC closed meeting: http://primebuzz.kcstar.com/?q=node/20401

[6] Kansas Open Records, Open Meetings in the news: http://kansas.watchdog.org/2009/10/28/kansasopen-records-open-meetings-in-the-news/

[7] Howe should embrace open meetings law, not restrict it: http://voices.kansascity.com/node/6369

[8] Kansas’ open meetings law must always be heeded: http://www.kansascity.com/340/story/1536077.html

[9] Press Association questions Howe’s KOMA opinion: http://primebuzz.kcstar.com/?q=node/20364

[10] Press group seeks review of an open meetings opinion: http://www.kansascity.com/115/story/1534233.html

[11] JoCo DA says JCCC did not violate open meetings law: http://kansas.watchdog.orgJoCo DA says JCCC did not violate open meetings law

[12] DA finds JCCC trustees did not violate Kansas Open Meetings Act:http://www.jccc.edu/home/depts.php/003100/site/press_main/general_releases/09KOMACompliant

[13] JCCC’s version of the family feud: http://primebuzz.kcstar.com/?q=node/17855

[14] President, trustee at odds over leak: http://campusledger.jccc.edu/campus-news/2009/03/12/president-trustee-odds-over-leak

[15] Hodge replies to JCCC’s Calaway: http://primebuzz.kcstar.com/?q=node/17490

[16] JCCC president responds to Prime Buzz blog: http://primebuzz.kcstar.com/?q=node/17460

Click here to print.

Copyright © 2009 Kansas Watchdog. All rights reserved.

The following article appeared in the Johnson County Sun.

“Trustees vote to trim tax levy”
Elaine Bessier
Johnson County Sun Johnson County Community College trustees unanimously approved a 2006-07 budget of $168.4 million, an increase of 10.8 percent over the 2005-06 total of $152 million, and lowered the property tax levy by .1 mill.

The mill levy assessed county taxpayers in 2006-07 for the college will be 8.860. Trustee Jon Stewart had suggested the reduction at the July meeting when the county’s assessed valuation increased and made the motion Aug. 8.

The owner of the average Johnson County house, valued at $229,934, will pay about $234 in property taxes for the college, $3 less than last year.

The cost-per-credit hour for students will not change in 2006-07. Johnson County residents this fall will continue to pay $63 a credit hour, Kansas residents $78 a credit hour and nonresidents $144 a credit hour.

The college’s 2006-07 operating budget includes five new full-time teaching positions.

No citizens commented during the budget hearing.

Budget Director Don Perkins said the mill levy may need to be increased in coming years to maintain cash reserves. Projections included increases of .2 mills in 2008-09 and 1 mill in 2009-10.

Interim President Larry Tyree said next year’s budget contained “a very solid bottom line.”

Stewart said the future holds “a lot of unknowns,” including whether the county’s assessed valuation will continue to increase, the amount of delinquencies and the loss of machinery and equipment taxes.

“I anticipate that, in the next years, we may have to consider increasing tuition,” Stewart said.

The college charges less for tuition than other community colleges in the metropolitan area by $3 to $5, he said.

The following article appeared in the Johnson County Sun.

“Taxpayers to see stable mill levys in 2006″
Johnson County Sun

Taxpayers across Johnson County will see stable property tax mill levies for 2006.

Only one city in The Sun’s coverage area is planning a tax increase. The rest plan to hold the line on taxes in 2006.

Also, two school district’s will decrease taxes while another plans for an increase.

All taxing jurisdictions must have their adopted budgets submitted to the county by Aug. 25.

Overland Park
The Overland Park City Council adopted a $225 million budget for 2006 that will bring new police officers and firefighters, and more funding for street maintenance projects to the city.

The property tax rate will remain unchanged from last year at 9.037 mills, meaning the owner of a $200,000 home still will pay about $208 in property taxes to the city.

Under the 2006 budget, funding for storm water drainage and street maintenance projects will increase. Street and traffic system maintenance will receive $1.7 million more than usual, thanks to revenues from local compensating use taxes that relate to Internet sales.

The council also adopted the 2006-2010 Capital Improvements Program, which has allocated $62.3 million for projects scheduled in 2006. Those projects include the $16.3 million construction of the new Overland Park Community Center in the downtown area and the $3.3 million remodeling of the Antioch Justice Center, Sanders Justice Center and Tomahawk Ridge Community Center.

Northeast Johnson County
Property taxes will see a modest decrease in Mission Hills, while Fairway, Prairie Village, Roeland Park and Westwood Hills will maintain their mill levys.

Westwood has the largest property tax increase in the county - 3.658 mills, which takes the current mill levy from 13.090 mills to 16.748 mills.

The Prairie Village City Council approved the city’s 2006 budget for $21.5 million. The spending plan represents a 25 percent increase from the 2005 budget of $17.2 million while maintaining the 2005 mill levy rate of $15.84 per $1,000 of assessed value.

Under the 2006 budget, the owner of a $200,000 home in Prairie Village will pay about $364 per year in city property tax. A major factor in the budget increase is the city’s commitment to maintaining street and storm drainage infrastructure. Nearly one-third of the total budget, or $7.2 million, is earmarked for infrastructure improvements, with more than half of the funding coming from grants.

Northwest Johnson County
Shawnee residents can count themselves lucky once again as the governing body stands firm in its goal to maintain the city’s current 20.85 mill levy in 2006. The city has steadily decreased or maintained the mill levy since 1994.

The council also approved a total budget amount of $61.7 million, which represents about a 2.6 percent increase from 2005’s estimated budget.

City Manager Gary Montague has informed council members that they should be prepared to raise taxes within the next two years.

Montague recommended a 2 mill increase, which would result in $46 more in property tax per year for the owner of a $200,000 house. Even a 1 mill increase would result in an extra $650,000 per year for the city, he said.

According to the city’s debt service need analysis, the city will slide into negative figures, roughly minus $4.5 million, by 2009. That amount will almost double every year thereafter.

“Basically, in 2009 we run out of money,” Montague said, based on all the Capital Improvement Plan items budgeted up to that point.

City revenue will increase in 2006, thanks to the newly adopted stormwater utility fee. The collection of this fee will generate $35,714. Fifty-eight percent of Shawnee’s revenue is generated by sales tax, with the rest coming from service fees, franchise fees, fines, licenses and permits.

Montague said the city has consistently took in more money than it spent from 1997 to 2003. However, in 2004 and so far this year, the city has spent more than it is receiving in revenue.

Lenexa’s 2006 city budget focuses on infrastructure needs. Allocating additional funds towards taking care of several infrastructure items follows strategic city goals established by the governing body earlier this year.

“These are things that have been pent up over the last couple years but we’ve not had the necessary resources to address them,” Wade said.

Lenexa’s total recommended budget is $88.3 million, a 4.3 percent increase from 2005’s $84.7 million budget.

In addition, the proposed budget shows no signs of a property tax increase and the mill levy will remain 26.513, which will generate $23.8 million in revenue.

Being able to maintain the mill levy, Wade said, is due to a 4.8 percent increase in assessed valuation from $866.5 million to $908.2 million, a projected 30 percent increase in natural gas service franchise tax, a projected 20 percent increase in compensating-use tax and a projected 10 percent increase in motor vehicle tax collection.

According to City Administrator Quinn Bennion, there are no significant changes anticipated in Merriam’s 2006 budget, which shows no signs of a tax increase for property owners. The mill levy will be maintained at 19.275 mills, which last increased in 2003 from 18.526 mills.

The city anticipates a slight assessed valuation increase based on early estimates by the county appraiser. Last year’s preliminary assessed valuation was about $150 million.

The city’s five-year capital improvement budget typically is comparable to the city’s operating budget, which should increase in 2006 by 5.3 percent, or from $14.4 million to $15.2 million.

School districts
Property taxes will rise in Shawnee Mission by nearly 5 mills, but the district will continue to have the lowest property tax rate of all public school districts in Johnson County.

The mill levy last year was 42.655 mills; the district board has adopted a 2005-06 levy of 49.759 mills. The $187.4 million budget includes a surplus for tentative salary increases.

The district also received $15.5 million from the state’s new funding plan and began adding staff in late July.

The Blue Valley School District is spending $6.9 million more this year, but the property tax for schools will go down, said Jenny Newel, executive director of business and finance.

The district is using all of the local option budget, which increased from 25 percent to 27 percent after the state Legislature’s summer session. However a 6.4 percent increase in property value in the district means the mill levy will go from 62.12 mills last year to 61.39 this year.

The owner of a $250,000 house will pay $21 less for Blue Valley schools.

Deputy Superintendent Al Hanna said he was certain the district would provide salary increases.

“One item that makes our situation different than Shawnee Mission and Olathe is we did not receive the same amount of new money,” Hanna said.

The Shawnee Mission and Olathe school districts both have more than three times the number of at-risk students than Blue Valley, which is one of several factors in the financial gap. Olathe received about $19 million in new funds and Shawnee Mission received $12.9 million.

Olathe’s public school teachers will make at least 7.5 percent more money than they did last year.

The compensation increase is part of the proposed 2005-06 budget. The proposed budget calls for a levy of 68.1 mills. The current levy is 69.177.

The Olathe district received about $19 million through the state’s new finance formula. Olathe’s continued growth and number of low-income students contributed to the additional money. The district anticipates 650 new students this year.

The following article appeared in the Johnson County Sun.

“Community college board lowers mill levy, tuition hike”
Elaine Bessier
Johnson County Sun

Johnson County Community College taxpayers will pay less for the college this year and students will pay less next year.

Taxpayers will pay less because the board trimmed the mill levy. Students will pay less because the board cut a tuition hike in half, from $2 to $1, starting in January.

The board cut the levy by .478 mills, from 9.428 to 8.960. This means the owner of an average Johnson County house, valued at $220,025, will pay about $227, or $1.65 less than this year, based on the lower levy. The bill would have been $239 if the board had not cut the levy.

The college last lowered the levy in 1999, from 7.746 to 7.184 mills. Since 2000, the levy has increased from 7.646 to 9.438 mills, or 23 percent.

Although lowering the levy, the board passed a $114,047,821 operating budget May 19. The budget is 6.9 percent greater than last year.

The college benefited from a decrease in the expected tax delinquency rate, from 4 to 3 percent. The college also anticipates an increase of 7.7 percent in state aid in 2005-06 compared to the previous fiscal year. The actual amount received may be adjusted by the Kansas Board of Regents.

The county also expects a 5.5 percent increase in property values with reassessment. The revenue from higher property values and projected tax revenue increases will help cover the college’s budget.

Enrollment, which had been projected to increase by 2 percent this year, increased by 6.2 percent.

“This community has always responded to the needs of the college,” board Chairwoman Elaine Perilla said. “When we ask them for support, the students and the taxpayers always say yes. Now that we have the opportunity to reduce the cost to them, we are happy to do so.”

The board is happy to make cuts, said Lynn Mitchelson, trustee and chairman of the finance committee.

“All of us are pleased to offer a budget of this quality and still have revenue to make some reductions,” Mitchelson said. “The trustees have been good stewards - when we can reduce the mill levy, we do so.”

Tuition, instead of increasing by $2 per credit hour, as announced in December, will drop by $1 for the spring semester. Under the new tuition plan, Johnson County residents will pay $63 per credit hour, $78 per credit hour for Kansas residents outside Johnson County and $144 per credit hour for non-residents.

An estimated 2 percent increase in student credit hours for the 2005-06 year resulted in the projected addition of 10 new staff positions, including six faculty positions to accommodate enrollment growth in business, mathematics, science, anthropology, psychology and reading. The four other new positions are in information services and admissions.

The new budget also includes a 3.5 percent salary increase starting July 1. Total compensation, including benefits, will increase 4.1 percent for that period.

This is the second year of a bargaining agreement between the college and the Faculty Association. The trustees approved a three-year rolling extension of the collective bargaining agreement with the Faculty Association.

The trustees will approve a legal budget in August.

The following article appeared in the Johnson County Sun.

“JCCC approves budget, lowers tax levy”
Elaine Bessier
Johnson County Sun

Johnson Countians will experience a 5.6 percent decrease in the mill levy for Johnson County Community College as a result of the Board of Trustees’ unanimous approval Aug. 10 of a $152 million budget for 2005-06.

The levy is at a three-year low. The budget also reflects a decrease in the student cost per credit hour for spring semester.

“I’m pleased we can fund a growing college and reduce the mill levy,” said Lynn Mitchelson, finance committee chairman. “I think it’s wonderful that we can lower the burden for the college we think will be named the number one community college.” The college is in the process of applying for the Baldridge Award.

No citizens spoke during the public hearing preceding approval of the budget. The spending plan calls for a decrease of .478 mills in the levy assessed taxpayers, reducing it to 8.96 mills from the 2004-05 total of 9.438.

The levy dip will cut taxes for the average Johnson County house, valued at $220,025, to about $227 a year.

The college cut the mill levy and reduced tuition by lowering from 4 to 3 percent the amount budgeted to cover tax delinquency rates. The college also anticipates an increase of 7.5 percent in state aid in 2005-06 compared to the previous fiscal year. Assessed valuation in the county is expected to increase by 5.4 percent.

The budget reflects a 4.1 percent increase in salary and benefits, and provides six new full time teaching positions. The jobs are needed to accommodate growth in mathematics, science, business administration, anthropology, psychology and at the Academic Achievement Center. Other new positions are in admissions and information services.

Capital expenses include increased funding for computers and additional debt. Funds are also provided for three major facilities projects: Regnier Center for Technology and Business, Nerman Museum of Contemporary Art and remodeling of the Arts and Technology Building for Auto Technology.

The following article appeared in the Johnson County Sun.

“No levy, tuition increases at JCCC”
Elaine Bessier
Johnson County Sun

There is good news for Johnson County taxpayers and Johnson County Community College students.

The mill levy assessed taxpayers to support the college in 2005-06 will remain the same, at 8.96 mills, for 2006-07. Tuition will remain the same, too, according to budget guidelines approved Nov.17 by the board of trustees.

Last year, the board reduced the levy from 9.438 mills to 8.96 mills and reduced student cost per credit hour by $1 from what had been set for the spring 2005 semester.

The average residence will taxed about $231 next year, compared to $227 this year.

Johnson County residents will pay tuition of $63 a credit hour, Kansas residents $78 a credit hour and non residents $144 a credit hour.

The college is able to hold the line on the levy and tuition because of an anticipated 5 percent increase in the county’s assessed valuation, Budget Director Don Perkins said .

“That, combined with the current cash balance and an anticipated 2 percent enrollment increase makes it possible,” Perkins said.

The budget will reflect a 6 percent increase in state aid.

Capital budgets will be based on demonstrated need and as planned for the major building projects under way. Operating budgets will be limited to 2 percent increases, except for items over which the college has little control such as utilities and postage.

The 2006-07 budget will continue to reflect revenue from .5 mills for major facilities projects. New buildings opening, including the Regnier Center for Technology and Business and the Nerman Museum of Contemporary Art, projected to open in 2007, will lead to consideration of additional support positions.

The board also approved refinancing about $8.4 million of 1998 Student Commons and Parking System revenue bonds. This will save the college some $340,000 and reduce the borrowing cost by at least 3 percent, board Treasurer Lynn Mitchelson said.

The following article appeared in the Johnson County Sun.

“Commission hears request to place eminent domain question on ballot”
Jack “Miles” Ventimiglia
Johnson County Sun

Eminent domain could be a hot button, 2006 election issue, Ben Hodge said after speaking to the County Commission during an Aug. 18 meeting. Hodge, 25, Prairie Village, a college student, surprised political observers in April by winning election to the Johnson County Community College board. He declined last week to say whether he planned to run for a commission seat.

“No formal decisions have been made yet,” he said.

Hodge said he does not own real estate, but putting the eminent domain measure on the county ballot would be good public policy.

“I believe this is a win-win-win situation for everybody,” he said. “It would be a win for the Constitution, a win for the voters and frankly on a political level it would be a win for (commissioners) because it would take this issue off the table in the 2006 elections, because this will be a statewide (issue) for any statewide seat, for any state Senate seat and for the County Commission.”

The commission took no action on Hodge’s request. Hodge said he expects his county-level proposal would be mirrored at the state level in the next legislative session.

Sen. Kay O’Connpr said in an earlier interview she expected a statewide effort to curb eminent domain after the U.S, Supreme Court sided with local governments in June. The court ruled in the case of Kelo v. New London, Conn., that local governments could seize private property, then give the property to another private person to increase the property’s financial value.

The ruling allows houses, churches and businesses that could be put to “better use” - such as having the land converted for a mall or private recreation facility - to be seized. The government would pay fair market value for the property regardless of what the owner might believe the land is worth, regardless of whether the owner receives too little money to rebuild elsewhere and regardless of whether the land holds family, sentimental or spiritual value.

Hodge proposed asking county voters to forbid eminent domain for economic purposes. Afterward, he said he recognized the importance of development.

“Economic development is important, but what is more important is the upholding of the Constitution and the upholding of personal property rights,” Hodge said. “If I had a house in my family for a hundred years it would not be fair to me to take my home and transfer it in order to make a Walgreens. It’s just not fair and it’s not constitutional.” Commissioner John Segale said taking land helps communities develop economically. He also said cities are a better place to make such proposals than the county.

About 40 percent of county land remains unincorporated and subject to potential acts of eminent domain by the commission. Segale said commissioners have not been involved in eminent domain and would not get involved without good reason.

The following article appeared in The Olathe News.

“Help protect personal property rights”
Benjamin Hodge
Letter to the editor
The Olathe News
August 23, 2005

I encourage Olathe residents to contact Johnson County commissioners to ask that commissioners open up debate on eminent domain and on the protection of property rights within the county. A recent U.S. Supreme Court decision now makes it fully legal - for the first time in American history - for a city or county government to take the private property of one person and transfer it to another person, merely because this transfer of property will create additional tax revenue.

On Thursday, I proposed an amendment to the county charter that would limit the county government in its ability to use eminent domain, and I need the help of Olathe residents to make sure the ball gets rolling. An amendment would require the votes of six out of the seven county commissioners and a vote by the people of Johnson County. The hard part will be convincing six commissioners on the merits of this issue.

The use of eminent domain should be used only for true “public uses” - such as schools, roads and airports. However, it is now possible for the Olathe to take a row of homes and sell the property to an apartment complex developer because of the property tax benefit. Or, the county may now take a gas station and sell it to a Walgreen’s because of a sales tax benefit.

This is not what the country’s founders intended. Please contact the county commissioners and ask that they support an effort to protect the rights of private property owners.

Benjamin Hodge
Trustee, Johnson County Community College

The following article appeared in The Kansas City Star.

“Debating eminent domain”
Benjamin Hodge
The Kansas City Star
Date: January 5, 2006

When a precedent of 220 years is altered, the public deserves a debate. In Johnson County, one elected official should be commended for enabling an important debate. Johnson County Commissioner John Toplikar, by appointing a committee to examine the issue of eminent domain, has taken the lead in serving the public on this issue.

Opinions and outcomes aside, the people of Johnson County are better, and the county is stronger overall, because of this discussion.

The power the state has to take property is a matter that involves the changing of a long-standing precedent. The state now has greater authority to take private property through the use of eminent domain. This is not debatable. Because of the U.S. Supreme Court’s 5-4 Kelo decision, the property-rights playing field has been altered.

Unless a U.S. state has a law or a constitutional provision limiting the use of eminent domain - and Kansas does not - it is now acceptable for a local government to transfer private property from one owner to another for the purposes of economic development (e.g., to create jobs or to increase sales taxes).

How state and local governments should respond is debatable. But, again, that the rules have changed is not up for debate. And what concerns me the most is not the future of property rights in Kansas, but the level of silence with which elected leaders in Johnson County have responded.

The committee on eminent domain had two public forums, and even with only marginal press coverage, the turnout was positive.

If the committee recommends limitations to the government’s ability to take private property, I am not certain what the County Commission would do with this. The seven commissioners could vote to limit the county’s ability to use eminent domain, and/or they could make a recommendation to the Kansas Legislature.

But on the morning of Dec. 1, Chairwoman Annabeth Surbaugh and five other commissioners approved a 2006 state legislative agenda of about 40 items that included a recommendation that the state not limit the ability to take property. This was not a close vote; it was a 6-0-1 vote, where Toplikar (remaining neutral) abstained.

They approved this legislative agenda, even though residents would be voicing their opinions on eminent domain later that night at the first public hearing. This was the same day the Surbaugh commission voted to add a public affairs position to, presumably, improve communication with the public.

The people of Johnson County will play a role in determining what will occur in Kansas next year with property rights. Major shifts in public policy need to occur with an open debate and public input.

Benjamin Hodge serves as chairman of the Johnson County committee on eminent domain, and he is a member of the Johnson County Community College Board of Trustees. He lives in Prairie Village.

The following article appeared in The Kansas City Star.

“Hearings to look at eminent domain”
Finn Bullers
The Kansas City Star
December 1, 2005

Your home is your castle, the cynics will tell you, until the government wants to buy you out and take your land. That fear - fed by a U.S. Supreme Court ruling this summer affirming that local governments can take private property for public economic gain - has stoked a spirited national debate on eminent domain.

Tonight, one Johnson County commissioner plans to jump-start the dialogue here.

Commissioner John Toplikar of Olathe will be host to the first of two public hearings to gauge the public’s appetite for limiting the county’s power to use eminent domain, also known as condemnation.

The move has taken county officials by surprise.

They say they can’t remember the last time the power was used in any significant way to condemn someone’s land and pay fair market value.

In the last 20 years, the county has never used the power as a tool for economic development as Wyandotte County did, for Kansas Speedway, and Merriam did, for its Town Center shopping district, said Don Jarrett, the commission’s chief legal counsel.

But the fact that they can, critics say, should be warning enough.As the commission’s point person for economic development, Toplikar has appointed a four-member committee to study the issue and make a recommendation to him by mid-January.

Repeated efforts to reach Toplikar were unsuccessful this week, but he has sent mixed signals as to where he stands on the topic.

As the commission’s voting member to the Kansas Association of Counties, Toplikar voted for that group’s legislative platform, which endorses eminent domain “for economic development purposes while strengthening the process in a manner that balances private property interests and the welfare of the community at large.”

But at a recent County Commission meeting, Toplikar said he generally doesn’t support the idea of legislative platforms.

He also did not weigh in on a county legislative plank opposing “undue restrictions” on eminent domain, but had said previously that he didn’t like the practice.

Commissioners will vote on its legislative platform today.

Meanwhile, Toplikar has appointed Ben Hodge, an MBA student at the University of Missouri-Kansas City and a Johnson County Community College trustee, to lead the eminent domain committee.

Hodge said the committee may recommend that the county amend its charter to limit the use of eminent domain. Any charter change would have to be approved by voters.

The idea is not popular with some.

Larry McAulay, the county’s director of legal services, said critics don’t understand that the county commissioners already have the authority they need to prevent abuses.

“You don’t need to pass a law to tell yourself not to do it,” McAulay said. You just don’t do it.”

It’s difficult, McAulay added, to draft restrictions without eliminating the ability to take private property for uses like sewers and roads.

“Yes, there are isolated incidents where a given governing body went too far,” he said. “But if a mistake is to be made, let it be made at the local level” where elected officials may pay the price at the polls.

But Hodge wants a safeguard up front.

“Usually our representatives act in good faith. However, the laws for eminent domain need to be changed because once land is taken and houses are torn down, you can’t take that back.”

To reach Finn Bullers, call (816) 234-7705 or send e-mail to fbullers@kcstar.com

The following article appeared in the Johnson County Sun.

“County eminent domain hearings begin tonight”
Jack “Miles” Ventimiglia
Johnson County Sun

What do Johnson Countians think about eminent domain and should county government do something about it?

Property rights form the root of the question.

The Supreme Court this year decided in Kelo v. New London, Conn., that government could use public power to bolster private gains by taking citizens’ property. The decision set off a national controversy that has drawn in Johnson Countians, including Ben Hodge, a member of the Johnson County Community College board.

The controversy involves those who say there is something wrong fundamentally with the government taking private property from one person to bolster the economic gains of another.

The other side suggests government should be able to give private property to a developer so the government can reap greater tax revenues needed to provide public services.

County Commissioner John Toplikar appointed Hodge to head a task force to determine public thinking and whether the commission should take a position on eminent domain.

“Everyone is welcome to come and we’ll be taking public comment,” Hodge said. “We will be submitting a recommendation to the county.”

The first meeting is at 7 tonight at the northeast county building, 6000 Lamar Ave., Mission.
The second meeting will be held at 7 p.m. Tuesday, Dec. 13, at the main county building, 111 S. Cherry St., Olathe.

“Our goal with this would be to get the public input and we’ll be making a recommendation, likely directly to the county, for legislation which would relate to the county’s ability to use eminent domain,” Hodge said.

The recommendation will be made in January.

The following article appeared in The Kansas City Star.

“JCCC board acts on personnel matters”
Melodee Hall Blobaum
The Kansas City Star
Date: April 11, 2006

For the second time in less than a week, the Johnson County Community College board of trustees met on short notice Monday night to discuss personnel and legal matters.

After an hour and 15 minutes behind closed doors, the board returned and fired one employee, accepted the resignation of a second and suspended a third.

The board also revised the college’s nondiscrimination policy to include protection for sexual orientation. The vote was 4-1. Trustee Virginia Krebs did not attend.

Trustee Benjamin Hodge voted against the change.

“I don’t believe this represents the values of the people of Johnson County and the people of Kansas,” Hodge said.

“I think it’s unfortunate that this was done in a way that we did not seek input from the people of Johnson County, and I think the college will suffer because of it.”

Vincent Clark, president of the college’s faculty association, called the policy change a “tremendous development.”

Before the board met in closed session, college President Charles Carlsen announced that Dorothy Friedrich had been promoted to vice president of human resources.

After the meeting, Carlsen said that the policy matter was included on the agenda because the board’s regular meeting agenda for April 26 was filled.

He said the firing and resignation resulted from a series of performance reviews.

The suspension was the result of an employee’s failure to fulfill job responsibilities.

College spokeswoman Julie Haas said the personnel moves were not related to the policy change.

The following article appeared in the Johnson County Sun.

“Hodge dislikes handling of discrimination policy”
Elaine Bessier
Johnson County Sun

A change made Monday to the Johnson County Community College non-discrimination policy, adding protection for sexual orientation, should have been made in a regular board meeting rather than a special meeting, Benjamin Hodge said.

Hodge, the newest member of the board, cast the only dissenting vote. Virginia Krebs was absent from the meeting.

After meeting behind closed doors Monday to address several personnel issues, the Board of Trustees voted 4-1 to add sexual orientation to the factors that should be excluded from consideration in the personnel policy.

Other exclusions include a person’s race, color, age, sex, religion (changed from creed), marital status, national (changed from ethnic) origin, disability and veteran status.

Hodge said he was more concerned with how and why the meeting was handled than he was with the outcome. He believed the issue should have been handled in a regular monthly meeting.

In a statement released Tuesday, Hodge said, “Chairwoman Elaine Perilla and President Charles Carlsen have lost much of my respect and trust … I believe the meeting was held solely to minimize the exposure of this one issue of the non-discrimination clause. The manner in which the issue was handled was unprofessional.

“It was probably legal, but it was not honorable. It seems that Perilla and Dr. Carlsen are more concerned about being popular with the faculty than with listening to the thoughts of the 300,000 voters in the county.

“It would have been most respectful to allow the public to comment on this because you are setting social policy,” Hodge said. “The issue was not debated.”

After the meeting, Vincent Clark, president of the Faculty Association, called the action “a wonderful development” and said the association had requested the change.

“It brings the college into accord with the Kansas Board of Regents, the University of Kansas, K-State, most other Regents institutions and the University of Missouri,” Clark said.

He sent a letter to Carlsen in December, asking his help on the matter, and sent letters to all board members on March 30 asking for the change.

“This makes sure students and faculty members feel safe from harassment,” Clark said.

“It’s very important for the institution,” said Kami Daly, associate professor of English, who attended the part of the meeting when the change was made.

The following article appeared in The Kansas City Star.

“JCCC revises guidelines on nondiscrimination”
Melodee Hall Blobaum
The Kansas City Star
April 13, 2006

Five months after racist and anti-gay graffiti appeared in restrooms at Johnson County Community College, the college’s trustees quietly added sexual orientation to the institution’s nondiscrimination policy. The action at a hastily called special board meeting Monday night surprised even proponents of the change and drew criticism from a trustee who opposed the revision.

Trustees approved the policy change during the open portion of the meeting, though it was also discussed in a closed-door executive session.

“The meeting was a surprise,” said Kami Day, an associate professor at the college who had advocated that the policy be changed to protect gender identity.

“It’s a step, and a huge improvement.”

The school’s Faculty Association brought the matter to the board and administrators at a Collegial Steering Committee meeting in January, said Vincent Clark, president of the association.

“We believed that a number of students, faculty members and staff members didn’t feel safe on campus without some explicit indication in the policy itself of protection for sexual orientation,” Clark said.

Some on the campus are reluctant to bring insults to the attention of authorities, Clark said. But at least two incidents were reported to college security.

In incidents Nov. 1 and Dec. 2, vandals scrawled racially derogatory and anti-gay words and drawings in men’s restrooms, said Larry Dixon, the college’s manager of public safety.

The graffiti didn’t appear to be directed at anyone in particular.

“It was just despicable words,” he said.

Beyond the graffiti, Day said, some teachers aren’t sensitive to their gay, lesbian, bisexual or transgender students.

“It’s a lack of awareness more than anything,” she said. “There needs to be public discussion.”

Trustee Benjamin Hodge agreed about the need for public discussion.

He opposed the change in policy as well as the manner in which it was handled.

“I am completely certain that we should not have discussed this issue in the manner that we did,” he said.

Hodge said he believed that including the policy discussion in a special meeting on short notice was done to minimize exposure to the issue and reduce public input.

“It was probably legal, but not honorable,” he said.

But Trustee Elaine Perilla, who is chairwoman of the board and sits on the steering committee, said the policy change had received lots of public input.

The matter was discussed at the steering committee’s meetings in January and March.

The committee makes recommendations to the Board of Trustees on matters not related to salary negotiations.

“We had letters from all over the place, mostly driven by the Faculty Association,” she said.

Trustee Jon Stewart, who also sits on the steering committee, said the matter had not arisen in a regularly scheduled board meeting. But, he said, trustees had promised to have a report for the steering committee meeting before the regularly scheduled trustees meeting April 26.

Hodge, Perilla and Stewart said the policy was discussed in the closed session Monday night. The meeting was closed both to discuss nonelected personnel matters and for consultation with the board’s attorney on a matter protected by attorney-client privilege.

Mark Ferguson, the board’s attorney, said attorney-client privilege prevented him from commenting on the closed-door discussion.

Topeka attorney Mike Merriam, who staffs the Kansas Press Association’s legal hot line, said it’s conceivable that board members could seek an attorney’s advice on their legal exposure if they do or do not adopt a policy. But, he said, “whether or not the policy is a good one and should be adopted is an open meeting matter, no question about that.”

Perilla and Stewart said board members had the opportunity to discuss the policy when it came to a vote in the open part of the meeting.

Only Hodge commented, as he voted against the change. At that time, he said the policy change did not represent the values of the people of Johnson County or Kansas.

“We should have sought public input,” he said Tuesday. “It would have been most appropriate to invite public comments.”

To reach Melodee Hall Blobaum, call (816) 234-7733 or send e-mail to mblobaum@kcstar.com.

The new policy

The revised Johnson County Community College nondiscrimination policy reads, in part:

“Johnson County Community College is a place where freedom of expression and civility are encouraged. … All personnel policies of the Johnson County Community College shall be applied without regard to a person’s race, color, age, sex, religion, marital status, national origin, disability, veteran’s status, sexual orientation or other factors which can not be lawfully considered, to the extent specified by applicable federal and state laws.”

The following article appeared in the Johnson County Sun.

“College trustees vote to reject state maintainance initiative”
Elaine Bessier
Johnson County Sun

The Johnson County Community College board rejected an invitation to join the other 18 Kansas community colleges and universities in a statewide initiative to address deferred maintenance on the campuses.

The college already has an ongoing deferred maintenance plan, Interim President Larry Tyree said. For $5,000, the state would review that plan and make recommendations. The fee is determined by the enrollment and square footage of the institution. College lobbyist Bob Vancrum has recommended against participation due to concern about local control.

The state’s other 18 community colleges and six universities are participating in the plan. The advantages to Johnson County are that the college might receive some funding and would be seen as a team player.

“Another presumed benefit is that we would get an evaluation,” board Chairman Lynn Mitchelson said. “It’s a philosophical choice. We have a different situation than the other 18 schools.”

“Ultimately, we may get benefits but it’s still (state) control,” trustee Elaine Perilla said. Mitchelson, Shirley Brown VanArsdale and Jon Stewart voted to join the plan and Perilla, Hodge and Virginia Krebs voted against joining.

The following article appeared in The Kansas City Star.

“Candidates say they’ll be all ears”
MELODEE HALL BLOBAUM
The Kansas City Star
June 7, 2006

Search JCCC interim leader

All three agree that listening, help in finding long-term leader are key to college’s future. Three men seeking to be Johnson County Community College’s interim president offered striking similarities as they answered questions this week in a series of forums.

They plan to spend a lot of time listening to faculty, staff, students, trustees and the community.

They won’t be satisfied with maintaining the status quo, no matter how short their tenure.

And they’re happy to assist trustees in the search for a long-term president.

But they also offered distinctively different backgrounds.

J. Larry Durrence, 66, built his collaborative skills as executive director of a constitutional commission to improve Florida’s tax system and budgeting process before becoming president of Polk Community College in Lakeland, Fla., in 1998.

Bill Eddy, 72, calls Johnson County banker Ben Craig his mentor, noting that they met when they were a “couple of young squirts” in the Kansas City, Kan., Chamber of Commerce.

Larry Tyree, 61, has decades of community college leadership experience in Florida and Texas, and a passion for community colleges after graduating from one himself.

“Each one brings something different,” said Marilyn Rinehart, the school’s vice president of instruction. “And each one addressed different issues.”

The school is seeking an interim leader after former president Charles Carlsen retired unexpectedly in April, a week after the school newspaper published allegations that he had sexually harassed a female employee in 2003. Carlsen denied the allegations. An independent investigation is under way.

Vincent Clark, faculty association president, said he didn’t think any of the three candidates said anything the two others wouldn’t have agreed with.

He praised the school’s trustees for conducting the search in an open way. But he noted that the turnout at Tuesday’s forums — fewer than 70 persons showed up at any of the three ask-the-candidate sessions — shows why it’s important to conduct the search for a long-term president during the school year.

Why they want the job:

Durrence: Retired from Polk Community College in February after serving as president for eight years. But after a few months, said he realized he still was passionate about community colleges. Eddy: Said he wasn’t looking for the job, but was approached by trustee Jon Stewart and others to see whether he might be interested. Eddy’s response, he said, was, “Why would I want to do that? I m retired.” But he said the job offers an opportunity to “make lemonade out of lemons.”

Tyree: Retired as president of Santa Fe Community College in Gainesville, Fla., in 2001, and then took a post as a professor in the University of Florida’s Department of Educational Administration and Policy. But as much as he enjoyed being on the faculty, he said, “I missed the action.”

Their role as an interim:

Durrence: Would offer a new set of eyes to help the school move forward in meeting its goals, reassure staff and community in a period of instability and “prepare the stage for a new president.”

Eddy: Listen, listen, listen. Help trustees determine qualities that are important in the next president. He told those at a forum: “I don’t see myself as one who minds the shop and keeps things running. I m more of a change agent.”

Tyree: Listen to as many voices as possible to identify issues and challenges at the college. Let trustees return to their role as policymakers. Provide stability and build trust with open communication.

What’s next?

Students, faculty and staff can weigh in with their views via an online evaluation through 7 p.m. today. Paper evaluation forms were available for community members who attended Tuesday’s forums.

The board meets at 5 p.m. Thursday, but Chairwoman Elaine Perilla said she expected that most of the meeting would take place behind closed doors. Trustees might choose an interim president during the meeting, but Perilla said the choice wouldn’t be announced publicly until the school had worked out a contract with the person they selected.

The following article appeared in The Kansas City Star.

“JCCC confirms interim choice”
MELODEE HALL BLOBAUM
The Kansas City Star
June 16, 2006

Larry Tyree will begin work as the interim president of Johnson County Community College on July 5. The school’s trustees approved his hiring in a 5-1 vote Thursday afternoon.

Tyree, of Sarasota, Fla., will be paid $18,833.33 a month. The college will also reimburse him for reasonable expenses and provide an automobile, laptop computer and cell phone. His contract is month to month.

Trustee Ben Hodge voted against the contract, saying he welcomed Tyree but thought the college could have saved money by hiring local candidate Bill Eddy.

Trustee Lynn Mitchelson said checks of Tyree’s references earned him universal praise for his service as the CEO of community colleges.

In 2002, Tyree was interim leader at a community college in Kentucky. Earlier he held leadership posts at several institutions in the South.

Mike Martin, a Faculty Association officer, praised the selection.

“I m personally elated,” he said. “He has the experience, background and vitality to both stabilize the institution and maintain, possibly even elevate, our national profile.”

Trustees also took an initial step in their search for a permanent president to replace Charles J. Carlsen, who retired suddenly in April.

They identified two search firms that will be asked to make presentations at the board’s meeting in July. The consultants are Hockaday-Hunter & Associates in North Carolina and David Ponitz, president emeritus of a community college in Ohio.

In other business, board chairwoman Elaine Perilla asked that her name not be on the slate of board officers to be elected in July. She has led the board since 1997.

Perilla appointed trustees Jon Stewart and Shirley Brown-VanArsdale to the board nominating committee.

The following article appeared in The Kansas City Star.

“Education veteran will lead JCCC until president is hired”
KANSAS CITY BUSINESS JOURNAL
June 30, 2006
Gabriella Souza

The Johnson County Community College board of trustees has named Larry Tyree as interim president. He will take the helm July 5 and serve while the college searches for a permanent president.

Tyree comes to the Kansas City area after retiring in the spring as a professor at the University of Florida. He also is president emeritus of Santa Fe Community College in Gainesville, Fla., where he served from 1990 to 2001. In 2002, the community college named its library in honor of Tyree.

Tyree said he hasn’t decided whether to pursue the position permanently because it is “a way down the road.” Lynn Mitchelson, vice chairman of the board, said the person who steps into that role will have big shoes to fill. JCCC made significant strides under Charles Carlsen, who retired as president in April after 25 years with the college. Enrollment increased from 6,000 when he took office to more than 18,000 in the fall, making it the state’s third-largest higher education institution.

The college experienced some turmoil in the spring, when the campus newspaper published reports that Carlsen allegedly had sexually harassed an employee in 2003. Carlsen voluntarily retired, stating that he had done nothing wrong but that the issue had become a distraction to the college’s education mission.

“My sense is that there are communications, trust and morale issues, but I won’t know that until I get there,” Tyree said. Mitchelson said that the board wants to hire a new president quickly but that because Carlsen was such a “visionary,” it probably would take some time. He said the board wants to hire a new president by the spring of 2007.

In the meantime, Mitchelson said, the college has a well-qualified interim president. He said Tyree stood out because of his breadth of experience at the community college level and his success in the field.

Tyree said he was drawn to JCCC because of its high quality of service and personnel and its effective work with the community to develop the economy.

Katherine Gratto, graduate coordinator for the education administration and policy department at the University of Florida, said Tyree’s selection did not surprise her because of his extensive knowledge of the education system.

“He’s a very humble man,” Gratto said. “He never talks about himself. He gets uncomfortable when anyone makes a fuss over him.”

Mitchelson said Tyree’s main task will be to bring stability to the administration. Tyree also will oversee completion of the Regnier Center for Technology and Business and the Nerman Museum of Contemporary Art.

The following article appeared in the Johnson County Sun.

“Explosive elections ahead”
Steve Rose
Johnson County Sun

The filing deadline is still a couple of months away, but rumors are ripe that we will see an explosive local election season, including some real bombshells. Hold on to your helmets.

The most startling race will be an effort by former Overland Park Mayor Ed Eilert, a political moderate, to unseat incumbent County Commissioner Dolores Furtado, another moderate. There had been rumors that a conservative was going to challenge Furtado in this non-partisan race, but that may change, now that Eilert is in the race. Furtado, a one-term commissioner from the mid-northeast part of the county, who is a professor of microbiology, has done a good job, yet the bets are that few in her district even know her name. Although little of this district is in Overland Park, Eilert still has the advantage of high name recognition. This will be a dandy race to watch. Either way, the county cannot lose.

Another county commissioner, Doug Wood, may find himself in the race of his life. Wood, who is serving his eighth year as a commissioner from Olathe, has made a lot of enemies, particularly when he became the vocal advocate for the Oz project. His opponent, Kathy Huttmann, is a highly respected three-term city councilwoman from Olathe who has also served two years on the Olathe Planning Commission. The word on the street is that Huttmann can pull off a primary victory, because the outspoken and controversial Commissioner Wood has alienated much of the Olathe leadership and many of his constituents.

U.S. Rep. Dennis Moore may get a virtual free pass in November if his only Republican opposition is State Rep. Scott Schwab from Olathe. Some say the unknown Schwab is a sacrificial lamb, recruited by Republicans to put up somebody to challenge Moore. It is safe to assume Schwab will be rewarded somehow by the GOP for his gallant effort.

With Schwab’s state rep seat opening up, an ambitious - no, that would be an understatement - a highly ambitious Ben Hodge may run for that seat. Hodge, you will recall, is the 20-something trustee at the community college who upset the applecart when he came out of nowhere to win the seat two years ago. Word is, he is moving to reside in Schwab’s district, so he can file there. If elected, he would serve in two posts, as a legislator and as a JCCC trustee. An avowed right-winger, it is doubtful young Mr. Hodge, a full-time college student, will face opposition either in the Republican primary or the general. He reflects the Olathe district’s politics like a mirror.

With State Rep. Eric Carter trying to move up to insurance commissioner - a highly risky proposition against a strong Republican incumbent, Sandy Praeger — that leaves his Blue Valley area seat open. Dr. Jeff Colyer, two-time loser as a candidate for Congress, is ready to pounce on the seat in the Republican primary.

Incumbent state Rep. Patricia Kilpatrick, an incumbent in the Blue Valley area, will have her hands full with Sheryl Spalding itching for a run at the seat in the primary. Spalding is a former Blue Valley School Board member with lots of connections and would be a fierce campaigner. Could be an upset in the making. State Rep. Ray Merrick, Stilwell, the legislator who screamed for local control of schools and then voted against the House bill that did just that, may get a long-shot primary contender, Brad Wagner, a former unsuccessful candidate for the BV School Board.

With State Rep. David Huff, from Lenexa, retiring, the open seat so far has only attracted Ron Worley, a former city employee. It’s a surprise conservatives have no horse in this race, so far.

The hot race to watch will happen in November. Incumbent far-right conservative, state Rep. Mary Pilcher Cook from Shawnee will face off against moderate Cynthia Neighbor, who has switched parties from Republican to Democrat. Neighbor, a Shawnee Mission School Board member, defeated Cook four years ago, but Cook came right back and took the seat in the next election. Neighbor figures she can skip the conservative-dominated Republican primary and do better in November.

Note these are early strong rumors. Things could still change before filing deadline in June.

The following article appeared in the Johnson County Sun.

“49th House District candidate share his views with voters” Jack “Miles” Ventimiglia
Johnson County Sun

Johnson County Community College Trustee Benjamin Hodge, 26, Overland Park, faces the Rev. Bobby Love in the 49th House District Republican primary race Aug. 1.

The winner will face the Democrat Bond Faulwell in the Nov. 7 general election.

Each candidate in the contested primary received instructions to answer questions starting with a simple “yes” or “no,” understanding that equivocation or failure to answer would result in an “x” being used to start their answers. Following are Hodge’s answers only, as Love elected not to participate…

QUESTION: Would you support a Kansas constitutional amendment to curb judicial power?
Hodge: X. We have three co-equal branches of government. And every branch, including the judicial branch, must be accountable in some way to the people of Kansas. …

QUESTION: Should Supreme Court justices have to run for their offices?
Hodge: X. Judicial elections would be preferable to the current model. However, my preference is using the federal model where the Kansas governor would appoint judges, and the Kansas Senate would confirm.

QUESTION: Should public schools be required to teach abstinence? See answer.
Hodge: X. These decisions are best made by local school districts, rather than by the Kansas Legislature or Kansas Board of Education. …

QUESTION: Should public schools be allowed to teach intelligent design in science classes?
Hodge: Yes. Required by the state - no. If a local school board (or a teacher) wishes to teach intelligent design, then this should be allowed. …

QUESTION: Should the cap on local option budgets be removed?
Hodge: Yes.

QUESTION: Does a shrinking state treasury reflect a spending problem?
Hodge: Yes.

QUESTION: Would you support putting TABOR (taxpayers bill of rights to cap taxes) on the ballot?
Hodge: No. The Kansas government spends too much money, but TABOR isn’t the answer. I believe in representative government, and we need representative leaders who will vote to spend fewer dollars.

QUESTION: Should illegal aliens be allowed to take advantage of public service programs, including education and health, funded by Kansas taxpayers?
Hodge: No.

QUESTION: Should Kansas adopt English as the official language of the state?
Hodge: No.

QUESTION: Should pregnant, competent adults always be allowed to decide on their own whether to have abortions?,br> Hodge: No. I believe an advanced and compassionate society will value life at all stages - regardless of a person’s intelligence, regardless of disease, regardless of handicap, and regardless of whether a child had been planned for by the parents.

QUESTION: Can you name a case where abortion should be legal?
Hodge: Yes. I support abortion if it saves the life of the mother, or if there is an extreme health-related situation involved.

QUESTION: Except for human cloning, should scientists be allowed to pursue embryonic stem cell research as a potential means to treat diseases.
Hodge: No. I support research that does not involve the destruction of human embryos. Therefore, I fully support adult stem cell research and umbilical cord research.

QUESTION: Should lawmakers give the Johnson County Board of County Commissioners the right, regardless of city concerns, to let county voters decide whether to raise taxes to fund county public safety projects? Hodge: No.

QUESTION: Can you name and tell how you would address the state’s No. 1 problem?
Hodge: Yes. The state’s number one problem is that we have a judicial branch that is not fully accountable to the voters of Kansas. I support reforming the judicial selection system…

QUESTION: Why are you running for office?
Hodge: A major purpose of government is to maintain and further both goodness and liberty. Kansas is a great and strong state, and I would be honored to play a role in the advancement of liberty within our state.

QUESTION: Rank by importance your qualifications for office.
Hodge: Trustee, Johnson County Community College. Current endorsements: County Commissioner Doug Wood, County Commissioner John Toplikar, Kansans for Life.