http://www.clearwaterks.org/DocumentView.aspx?DID=66
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CITY OF CLEARWATER, SEDGWICK COUNTY, KANSAS
CITY COUNCIL MEETING
MINUTES
March 27, 2007
The regular meeting of the City of Clearwater, Sedgwick County, Kansas, City Council was held on Tuesday, March 27, 2007, at 6:30 p.m., in the Clearwater City Council Chamber, City Hall, 129 E. Ross Avenue, Clearwater, Kansas.
The following members were present: J. L. Walker, Mayor, Mike Justice, Mike York, Lyle Berntsen, David FitzGerald, and Casey Carlson. The following staff members were present: Kent Brown, City Administrator; Cheryl Wright, City Clerk; and Janet Amerine, City Attorney. Others present at the meeting were Karen Lippoldt, Youthville; Bob Cumming, Jim Whitney, Rickey Baker, Les Langston, John Mishler, and Farol McMillan, citizens; C. J. Walker, Ronald Jamison, Matt Doffing, Eric Barker, John Westbrook, James Conrad, Cory Whitlock, Leslie Babb, Chris Parker, Aaron Cherney, Cody Struthers, Ronald Jamison, Carlene Stevenson, and Katie Gette, Clearwater High School students.
Mayor Walker called the meeting to order at 6:30 p.m. Walker gave the invocation, which was followed by the Pledge of Allegiance. The Clerk called the roll to confirm the presence of a quorum.
1. Approval of the Minutes of the Regular Meeting of March 13, 2007
MOTION: Council Member Berntsen made a motion to approve the minutes of the meeting. The motion was seconded by Council Member York and passed unanimously.
2. Mayor’s Recommendations
Mayor Walker with Council consensus appointed Anthony Geissinger as firefighter and Ryan Shackelford for Planning Commission.
3. Public Forum
No one addressed the Council.
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4. Presentation on Youthville – Foster Homes
Karen Lippoldt Foster Care Recruiter/Trainer, representing Youthville addressed the Council. Lippoldt distributed to each Council Member a packet of information on Youthville. Lippoldt stated that Sedgwick County is in a crisis situation with foster kids. There are an abundance of children coming into care and not enough homes. Lippoldt continued to state that she has been going to Council meetings in all the out lying communities in Sedgwick, Sumner, Harper, Butler, and Cowley Counties trying to get more homes. The biggest concern is the teenagers that live day to day in a different facility. According to state regulations a child can only live in a residential facility for 90 days after that they have to leave and a place has to be found for them. These kids spend their days at Youthville waiting for a home and go from one emergency home to another. For most of the kids schooling is nonexistent. Lippoldt stated that most of the kids want to go to school, want to have friends, and want consistency in their lives. Lippoldt stated that there are approximately 1,400 kids in foster care right now and there are only about 250 homes available, and a home can only have four kids at a time. Lippoldt requested for everyone to think of people that might be willing to try foster care and she stated that she would speak to any group that might have an interest in the Foster Care Program.
5. Bids for Parking Lot at City Park
City Administrator Brown stated that the plans for the City Park parking lot is from plans developed by K-State students, reviewed by the Park Advisory Board and approved by the Council. Brown stated that according to the Engineer’s estimate the City does not have enough funds available to pay for the entire parking lot. Brown presented a spreadsheet detailing the bids from the 4 paving contractors. The base bid is for the main part of the parking lot with two separate entrances and exits, excavation, and curb and guttering. Alternate bid #1 is for the Ross Avenue 15 parking stalls to the south of the parking lot along with curb and guttering. Alternate bid #2 is for 22 parking stalls on Ross Avenue west of the current concession stand and on further to the Methodist Church parking on Ross Avenue. Brown reviewed the base bids and the alternate bids.
Contractor Base Bid Alt. 1 Alt. 2 Total
Engineers Estimate 142,244.00 38,194.00 57,786.00 238,224.00
APAC Shears 102,220.00 18,733.50 33,289.00 154,242.50
Cornejo 109,790.00 11,464.00 42,314.00 174,568.00
Kansas Paving 136,681.00 33,726.50 56,766.00 227,173.50
Lafarge 125,015.90 22,555.00 40,370.00 187,940.90
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Brown stated that APAC Shears is the overall total low bidder. Brown continued to state that in the 2007 budget there could be $60,000 available from the Park budget and the drainage budget. If the Council were still interested in doing the project the additional funds would have to be obtained by financing. Brown stated that he advised the bidders due to a couple of circumstances they may not be notified right away as to whether the bid was awarded. Council Member FitzGerald stated that he is in favor of doing the whole parking lot along with the drainage, curb and guttering and getting rid of the ditch on Ross Avenue. Mayor Walker stated that the bids came in less than the Council originally discussed and questioned how the City would obtain financing? Brown stated that he has not discussed financing with the local banks as he was not sure of the amount and if the Council would decide to continue with the parking lot. Council Member Carlson stated that if the total amount of $154,000 was financed then there would be additional funds in the park budget to perhaps do restrooms or some additional park improvements. Council Member Justice stated that he has stated his concerns before and is not sold on the 15 parking stalls on the east. Justice explained that there would be cars backing out at the intersection of Third Avenue and Ross Avenue and at the entrance to the park and that will create a traffic nightmare. The Council discussed at length various portions of the plans for the parking lot and parking stalls. Mayor Walker stated that the Council talked over the same things previously and agreed to send the plans out for bid. FitzGerald questioned if City Administrator Brown would check on various ways for financing? City Attorney Amerine stated that she attended a conference where the Department of Agriculture had a presentation on grants, low interest loans and loan guarantees. A Department of Agriculture project from a rural community with a population of fewer than 20,000 could qualify if it is for off street public parking. Brown stated that first staff needs to know if the Council is still interested in doing the project and direction on the possible amount to be financed. After a brief discussion, staff was directed to check into the Departments of Agriculture grants or low rate interest, and to check with the local banks and to provide various options.
6. Bids – City Equipment
City Administrator Brown stated that the1969 dump truck that is up for bid is for scrap only and not for street use, as a title would not be issued. Brown reported that 3 bids were received for the 1969 dump truck; Ron Lambert $51.00, Rick Baker $175.00 for the truck and $25.00 for the snow blade, and Gary Berger $305.00. Brown requested that if Council accepts a bid that he requests to be in the motion a time frame stipulated for removing the vehicle.
MOTION: Council Member FitzGerald made a motion to accept the bid from Gary Berger for $305.00 for a 1969 International dump truck for scrap with a stipulation that it is to be removed from the sewer ponds in 30 days. Council Member Justice seconded the motion and it passed unanimously.
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7. Senior Community Center and Director Update
City Administrator Brown referenced a proposal for the Clearwater Senior/Community Center Advisory Board prepared by several individuals from the Senior Center using Haysville as a model. This is the formal way that allows the Mayor and Council to appoint members to the Advisory Board and a formal way for recommendations to the Council concerning the programs and operations at the building. The structure for the Senior/Community Center Advisory Board will be somewhat like the Library Board. Brown then referenced the Clearwater Senior Center Planning Committee, which is comprised of only seniors above the age of 55. The draft included the wording of membership and the Council discussed that would be changed. The Senior/Community Center is available for everyone in the community to use and there is absolutely no membership involved. Brown then referenced the job description for the Senior/Community Center Director and discussed the recommendations presented by the seniors. Brown explained that in Haysville the Events Planning Committee is in charge of decorations, and setting up the room for events. They are basically a volunteer group. Council Member Justice stated that the proposals presented by the seniors looks fairly good, but his concern is that nowhere does it show the involvement of the Director. Brown stated that in Haysville the Advisory Board is accountable for the funds from Sedgwick County and for the budget with advice from the Director. The Events Planning Committee will have limited funds for activities at the Center and can do fund raising for additional funds. After a brief discussion, the Council advised staff to make the discussed changes to the proposals.
8. Resolution Regarding Ambulance Lease/Purchase Agreement
City Attorney Amerine stated that she reviewed the Resolution provided by Home Bank & Trust for the purchase of an ambulance. Amerine stated that it directs her to review the agreement and negotiate appropriate modifications. Amerine continued to state that the agreement is not prepared and will not be prepared until Home Bank receives the approved and signed Resolution. Council Member FitzGerald questioned if staff was successful in requesting Home Bank & Trust to waive the $300.00 documentation fee. City Clerk Wright stated that the fee is being waived. Mayor Walker stated that the Resolution is Council approval to enter into an agreement for the lease/purchase of an ambulance. Amerine stated that she would review the agreement as soon as it is available. Wright stated that Home Bank is also requesting that the Council approve a Proposal Acceptance. City Clerk Wright assigned Resolution 2-2007.
MOTION: Council Member Justice made a motion to approve the Proposal to enter into lease/purchase financing as written, minus the $300.00 documentation fee, with Home Bank & Trust. Council Member Berntsen seconded the motion and it passed unanimously with Council Member Carlson abstaining.
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MOTION: Council Member FitzGerald made a motion to approve Resolution No. 2-2007 referencing financing an ambulance pending City Attorney Amerine’s review of the agreement before final signature. Council Member York seconded the motion and it passed 4 – 0 with Council Member Carlson abstaining.
9. Wire Transfer Authorization – Home Bank & Trust
City Clerk Wright stated that twice a month a wire transfer is required to send employees 457 Contribution funds to AllFirst Bank. Home Bank & Trust is requesting that all eligible check signers approve the Wire Transfer Authorization. By consensus, the Council approved signing the Wire Transfer Authorization.
10. Access Agreement with Owner of Clearwater Senior Residences
City Administrator Brown stated that the only access to the parking lot of the senior residence from Janet Avenue is thru the Senior/Community Center parking lot. In order to guarantee that the senior residences always have access, Mark Cox of South Crest L.L.C. is requesting an Access and Parking Easement Agreement to guarantee access to Janet Avenue. City Attorney Amerine stated that the agreement also states that if there is overflow parking at the Senior/Community Center they can park in the senior residences parking lot. Brown continued to state that on the construction of the senior residences staff has requested that a drainage outlet be installed in Reserve B and it has been requested several times. All of the drainage from the parking lot goes into Reserve B and there is no exit pipe. Brown stated that Mark Cox operates that he is accessible when he needs something and hard to find when staff requires information. Brown suggested that the Council approve the agreement tonight, but authorize staff to hold the agreement pending installation of the drainage pipe.
MOTION: Council Member York made a motion to approve the Access and Parking Easement Agreement between the City of Clearwater and South Crest L.L.C for access to the senior residences from Janet Avenue. Council authorizes staff to hold the signed agreement pending actual installation of the drainage pipe in Reserve Pond B. Council Member Carlson seconded the motion and it passed unanimously
11. Review Aquatic Center Rates
City Administrator Brown stated that Council requested that staff contact other Aquatic Centers to check on membership prices. Brown stated that he was able to get a copy of a survey that was done recently by another City. Brown reviewed various rates stating that Council Member Carlson had requested a proposal on a family pass to give a break on
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cost to larger families. Brown stated that when the City had the old pool and family memberships were available, it was difficult to define a family and the pool was losing a lot of money. Since the construction of the new Aquatic Center there have only been single passes for $40.00 and it has been coming very close to breaking even. After reviewing the survey on pool rates and a lengthy discussion the Council suggested to try having family memberships again.
The City will offer a family membership for a family of 4 for $120.00 with each additional family member being $30.00. In order to determine the number of people in the household, it will be by the number of exemptions on the 2006 tax return. If there were any objection to showing the tax return as proof, then a family membership would not be offered. The family membership would be able to be purchased from City Hall and a specified time at the Aquatic Center to be determined at a later date after discussion with the pool manager. All other rates will remain the same for the 2007 season.
MOTION: Council Member FitzGerald made a motion to provide a family membership to the Aquatic Center of up to 4 people for $120.00 with each additional family membership at $30.00 each and available for a specified time period with the proof of amount of family members determined by the 2006 IRS dependents. Council Member Justice seconded the motion and passed unanimously.
At 8:30 p.m. Mayor Walker request a five-minute break.
At 8:35 p.m. the Council returned to regular session.
12. Reports
City Administrator Brown questioned if the Council had reviewed the job description for Fire Chief that was provided in the packet? By consensus, the Council approved the job description.
City Administrator Brown stated that last year at well #7 the chlorine had deteriorated the piping that goes under ground and it had to be replaced. Brown continued to state that a similar thing has happened at well #6 and well #8. The problem is due to the age of the wells and well #6 has the worst deterioration and the plan is to redo it in 2007 and well #8 in 2008. Ernie Misak has had a couple people look at the wells and is recommending that the Council approve the bid from Layne Western for well #6 in the amount of $3,966.00, plus $250.00 if only one well is done this year. By consensus, the Council approved the bid from Layne Western. Brown stated that well #6 is right on the corner of 103rd & Hoover.
City Administrator Brown reported that the old well house by the Aquatic Center has
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been demolished and the new well house has been started. The air stripper has been delivered and is setting on the slab of the new well house. Brown stated that the City has worked with KDHE to get all of the appropriate permits done and ended up forgetting the building permit. City staff had completed the permit for work on well #2 next to the water tower.
City Administrator Brown reported that a police officer has contacted the people at the corner of Hellar & Gorin concerning removing the old refrigerator in the back yard.
City Administrator reported that the new ambulance is due to be delivered on April 16th. EMS Director, Wayland Whitlow is in the process of obtaining the state license. Brown stated that there has been a situation come up that the Medical Society that sets up the protocols they had a problem that with Dr. Papish being the only medical advisor and there was not a backup. That has been worked out with Dr. Young, the medical advisor with Sedgwick County, to be the backup medical advisor. Brown reported that the Ambulance Director has to report to the State Board of EMS and the Medical Society for Sedgwick County in order to keep the Clearwater Ambulance service functional.
City Administrator Brown stated that on Friday a group of 15 senior citizens met and interviewed the three candidates for the Senior/Community Director.
City Administrator Brown reported that on March 17th the Chamber of Commerce sponsored a City Council candidate forum. A tape of the forum will be aired on Community Cable Channel 7.
Council Member Berntsen questioned if there is any word on the repairs for the tennis courts? City Administrator Brown stated that he talked to the contractor concerning the spots where there is a surfacing issue. Brown stated that he does not have a time that the work would be done.
Council Member Justice questioned why the fountains at Chisholm Ridge are not working? City Administrator Brown stated that because of the rain, the level of the ponds are so high that the fountains have been turned off.
Council Member FitzGerald stated that Joe Castor contacted him and he is interested in beginning an astronomy club. Castor requires a place where there is some avoidance from direct light for regular night-sky observing. Castor has checked around the City and a possible site is the firing-range near the sewer ponds. Castor told FitzGerald once he obtains a site for his telescopes. Castor will then be contacting school groups, Scout groups, and other youth in the area. After a lengthy discussion, the Council suggested that Castor check out the brush dump and see if it would be more suitable for his astronomy club.
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Council Member FitzGerald requested that in the future the check that is received periodically from recycling should be sent to the Unity Lodge #273 at PO Box 304, instead of sending the check to the Lions Club. The Lions Club has not had any involvement in recycling for quite some time. The Masons will then distribute the funds to the organizations that help with the recycling.
13. Executive Session - Personnel
MOTION: At 9:15 p.m. Council Member Carlson made a motion to enter into executive session for personnel reasons for a period of fifteen minutes. Council Member FitzGerald seconded the motion and it passed unanimously.
At 9:30 p.m. the Council returned to regular session with no action taken.
Mayor Walker requested a Special Council Meeting on April 3rd at 7:00 p.m.
City Administrator Brown stated that he has contacted Waste Management and the spring cleanup is scheduled for May 4th & 5th. Brown stated that the people with the hazardous waste are not available so it was suggested to have the hazardous waste cleanup on April 26th & 27th.
City Administrator Brown reported that there would be a Transportation Enhancement Grant opportunity in the fall for an 80/20 grant. The downtown plan could be an application in this program.
14. Adjournment
MOTION: Being no further discussion to come before the Council, Council Member Justice moved for adjournment. The motion was seconded by Council Member FitzGerald and passed unanimously.
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CERTIFICATE
State of Kansas }
County of Sedgwick }
City of Clearwater }
I, Cheryl S. Wright, City Clerk of the City of Clearwater, Sedgwick County, Kansas, hereby certify that the foregoing is a true and correct copy of the approved minutes of the March 27, City Council meeting.
Given under my hand and official seal of the City of Clearwater, this 13th day of April 2007.
Cheryl S. Wright, City Clerk
Tuesday, April 27, 2010
Sunday, April 25, 2010
Sunday, April 18, 2010
Kansas Representative Neufeld Shuts Down Kansas Grandmother From Testifying On Behalf Of Grandchild
Kansas Representative Melvin Neufeld advocates for foster care knowing that the system has failed children and families. When a grandmother spoke before his committee this year, he cut her off and ended the meeting.
What about Neufeld?
Melvin Neufeld is the same legislator that threatened another legislator to swing a vote or he would tell his wife he was having an affair. BLACKMAIL!
Here's the comments by Neufeld to the other legislator:
Neufeld again stated, "You're voting with us this time. We know you were caught up in the [fifth floor] lounge in a compromising position with two [female] lobbyists earlier this evening. You're voting green or we'll call your wife."
http://www.kscourts.org/Cases-and-Opinions/opinions/supct/1996/19961108/74412.htm
A National Advocate for families wrote a email, see below, to Neufeld on behalf of Summers and other families after reading the article on this link:
http://www.khi.org/news/2010/mar/04/judges-tie-prevention-foster-care-reform
From: Josie P [mailto:info@josieperez.com]
Sent: Sunday, April 18, 2010 1:07 AM
To: 'melvin.neufeld@house.ks.gov'
Subject: My Response to request for a respo
Dear Rep. Melvin Neufeld:
I am writing to you as I received an email that was very disheartening regarding your treatment of a constituent during a recent meeting, it is as follows…
During a recent meeting, a Frankie Summers was speaking to you and you walked out and stated that the meeting was over before she finished speaking. As far as families are concerned Mr. Neufeld, 2010 is the year of the family and the year of transparency. My million dollar question is, with you in office, will there be a future where children are raised with their biological families?
During this time, our families and country are suffering economic turmoil and this email is to inform you that we are committed to addressing issues such as yours to our coalition nationwide. With over 30,000 members, our largest group consisting of grandparents, (the largest population of voters) continuing to respond in this manner may affect your returning to office during the coming election. I may be wrong to state that perhaps you are either without children of your own (or without a conscious) to be able to walk away in such a manner (with a smile).
Today, Americans do not have time for individuals who think they are of such stature and entitlement, to respond with disrespect, lacking compassion and so detached from the American people, taking your constituents for granted. I assure you that by the time you read this email, this email has been bcc’d to over 5000 constituents, and by week’s end, a copy of this email will have reached over 100,000+ families and grandparents nationwide. Your actions will be noted by so many American Families, you will be able to Google your name and actually find this story posted on Facebook and every other social networking site available to Americans.
I would just like to reiterate, that although many Americans may not recall exactly what took place on that momentous day the constitution was signed by our forefathers; one thing Americans can declare with certainty is that, America still continues to remain, “The land of the free and the home of the brave.” God Bless America and to those who continue to stand up for the right to the pursuit of happiness, morals, their belief in God and justice for all. That when our government finalizes the stripping of our rights to the following listed will be the day you no longer have a population of souls to govern and serve. You should feel blessed that there are still human beings with good will and love still in their souls. For the way this country is going, with all the foster care, adoptions, institutionalized drugging and abuses being deployed at an alarming rate, violating the very human and constitutionals rights of these children of the future; your children and grandchildren will be left with the remains of animalistic behaviors, pedophiles, violent criminals and vegetables; a reality that is foreseeable in the near future by the way the circumstances present themselves today. For our country has reached a critical point now, and the only answer our government speaks of is of our being un-patriotic; yet, in being a patriot is the acquiring of another labeling; for intelligent is the individual who knows it’s about our treatment for one another, as humans beings, respecting others and acting with consciousness and remorse, knowing that there will be consequences for the ignoring of these injustices, whether it be now, or before God.
As per email received, it states the following:
Ms. Summers read a four-and-a-half page, single-spaced statement that found fault with every police officer, social worker, counselor, attorney and court worker who had dealt with her granddaughter and daughter.
After 15 minutes, the committee chairman, Rep. Melvin Neufeld, R-Ingalls, asked Summers to finish. Summer said she wasn’t finished and continued reading.
After a few seconds, Neufeld said the hearing was over and got up to leave. Summers objected, saying it wasn't right that Neufeld had listened to Burgess and not to her.
Neufeld, a key player in the privatization initiative, smiled and left the room.
Sincerely,
Family Rights Advocator
J. Perez
Tuesday, March 30, 2010
Kansas Representative Mike Kiegerl emails his constituents to let them know how hard he has worked for them. Mike is not shy about telling of his frustrations including the illegal activities by Kansas Child Welfare Services aka Social and Rehabilitation Foster Care Services.
Mike is the Chair for the Children's Issues Committee.
Below is Mike's latest email which includes this comment:
"""KID'S ISSUES I am frustrated that no meaningful legislation has been passed to correct the mismanagement, malfeasance, and waste of money by SRS. My committee has fully documented abuse and financial irregularities in this agency. The interest by the Governor and legislative leadership is not great enough to make the necessary changes this session. The idea seems to be that a new Governor and a new Secretary will be in office in January and then we will act. There are a couple of small measures in the pipeline still, but certainly not what needs to bedone. We’ll go to bat next session."""
((SERIOUS ALLEGATIONS OF MALFEASANCE AND HE SAYS HE HAS PROOF!!! AND THE CHILDREN AND FAMILIES HAVE TO SUFFER ANOTHER YEAR BECAUSE THE GOVERNOR AND OTHER LEGSILATORS DON'T CARE???))
Read below the entire email:
----- Forwarded Message ----
From: Rep. Mike Kiegerl
To:
Sent: Mon, March 29, 2010 12:33:31 PM
Subject: Legislative Week 11 - 2010
THAT WAS THE WEEK THAT WAS
We only met for three days this week, two of which were long, 12 and
14 hours respectively, to complete the bills on general order.
Thursday, Friday and Saturday are reserved for House/Senate Conference
Committee meetings to iron out differences between bills passed by
both Chambers but which differ in content or terminology. When these
differences are great, many meetings are necessary to arrive at a
compromise acceptable to both. Once the conference committee produces
the final version of a bill, both Chambers have another vote to concur
to finally send it to the Governor for signature. During the debate to
concur/non concur, no amendments or changes are possible; only an up
and down vote to accept or reject.
BILLS WORKED THIS WEEK (vote count in parentheses)
Passed with my support:
HB 2685 Personal and Family Protection Act (65-57)
H Sub for SB234 Civil procedure garnishment (120-2)
H Sub for SB 269 Compensation awards eminent domain procedures
(117-5)
H Sub for SB 305 Tort claims act (122-0)
H Sub for SB 306 The concealed carriage changes (107-15)
SB 359 School districts, special ed (107-15)
SB 362 School districts, teacher contracts (109-13)
H Sub for SB 377 Construction contracts, liens registry (84-38)
H Sub for SB 381 Criminal procedure, threat, or use of force (120-2)
SB 388 Insurance regulation (93-29)
SB 452 Alcoholic beverages, licensure (122-0)
H Sub for SB 514 The Community Defense Act (106-16)
SB 519 Courts, electronic payment (122-0)
SB 537 Claims against real property, liens (122-0)
HCR 1614 The rainy day fund amendment to the constitution (102-20)
SB 541 Court of Appeals, number of judges (122-0)
SB 262 Emergency medical service, attendants (122-0)
SB 387 Claims against the state (122-0)
SB 414 The Health Care Stabilization fund (122-0)
SB 415 Municipal bonds, investment (121-1)
SB 475 Funeral directors (118-4)
SB 491 Respiratory therapists (122-0)
SB 500 Healing arts excepting a prohibited act
SB 513 Building construction alternative project delivery (122-0)
HB 2415 Surplus property, educational institutions (121-1)
HB 2418 Carbon dioxide reduction, state liability (122-0)
HB 2468 Sex offender registration (122-0)
HB 2547 Vehicle dealers licensing act (114-8)
SB 464 Payment of taxes (120-0)
HB 2578 Property taxation, refunds loans to counties (120-0)
SB 326 Crime victim’s compensation (120-0)
SCR 1615 Claiming State Sovereignty under the 10th Amendment
(109-11)
HB 2166 Late term abortion (89- 33)
HB 2448 Water data depositary (92-30)
HB 2620 Firearms Freedom Act (95-27)
HB 2669 The Kansas Employment Initiative Act (121-1)
SB 67 Mistreatment of a dependent adult (22-0)
SB 83 Naturopathic doctors (109-13)
SB 146 KPERS furloughed employees (118-4)
SB 293 School buses length of service (116-6)
SB 300 Special license plates (116-6)
SB 368 DUI Interlock devices (122-0)
SB 372 Guardianship, conservatorship (122-0)
SB 410 Electronic payments (121-1)
SB 449 Medical gas installers (90-32)
SB 460 Concerning children permanency priority of certain orders
(119=3)
HB 2566 Agriculture (112-10)
HB 2643 Establishes a committee to simplify the state tax structure
(120-4)
HB 2520 Willful failure to collect tax (23-1)
HB 2521 Electronic filing of taxes (106-18)
HB 2689 Taxes Pottawatomie, Kingman counties (123-1)
SB 430 Income tax, credits, limitations (119-5)
HB 2671 Fire marshals reporting to insurance commissioner (67- 52)
HB 2107 Police, firemen retirement, pension (119-0)
SB 373 Municipal courts (113- 6)
SB 394 Pesticide education (119-0)
HB 2440 Criminal procedure (119-0)
HB 2581 Criminal procedure (118-1)
These bills I could not support:
SB 310 Marriage license fee waiver (64-58)
SB 463 Increasing bonded debt limits (105-18)
SB 382 Housing loan deposit, changing requirements for borrowers
(92-30)
SB 313 Limiting KS development finance bonding authority
SB 346 Cost of offenders in custody (92-30)
HB 2666 Animal health dept fee increase (93-29)
SB 461 Compensation of magistrate judges (86-34)
HCR 5032 THE HEALTH CARE FREEDOM CONSTITUTIONAL AMENDMENT
This required a 2/3 majorities in both House and Senate. It was
fairly certain that the Senate had enough votes, therefore the House
acted first. We voted three times but never reached the 84 we needed.
Not unexpectedly, the Democrats supported their party in charge in
Washington but it was the usual suspects of so-called
“Republicans” in Topeka who put them over the top.
This bill would have given Kansans the opportunity to vote on a
constitutional amendment to preserve the freedom to provide for the
health care of their choice. I co-sponsored the amendment and several
representatives spread the following remarks over the Journal of the
House indicating their strong support, but to no avail as we never got
more than 77 of the 84 votes needed. :
“Mr Speaker: We support Health Care Reform that lowers cost,
improves access, and portability of insurance. Shifting the high cost
of care today from the individual to the tax payer is no solution. If
the medical profession loses its humaneness and patients become lost
in a sea of bureaucracy and quotas, patients will be hurt and many
bright and talented people will not want to become doctors. We must
encourage competition. We believe Kansans want the right to choose
their own health care plan, hospital, and doctor.”
Also, “Mr Speaker: My constituents are dismayed that in the past
16 months they have become part owners of General Motors, numerous
large banks and other financial institutions and that, as tax payers,
they are co-signers of more than a trillion dollars worth of mortgages
and student loans.
We do not believe that the government should own or partially
nationalize these industries nor should it control 1/6th of our
economy which is what the Bill passed last Sunday does. Kansans should
have the choice to vote on this amendment.”
It will take four years before the new law will take full effect but
we will start paying for it now. While no one knows the details of
this 2,700 page act, certain conclusions can be drawn based on what
has been published. There will be fewer choices of providers and there
will be rationing of care based on some economic calculus. Decisions
on treatment will move from physician to a bureaucrat, and you will be
forced to buy insurance approved by the government. Coverage for
illegal aliens and for abortion is paid by the taxpayer. Nothing
desirable so far. Will we have a health care system which serves the
people? Undoubtedly, but certainly at lesser service and quality as
our current one, as flawed as it is.
THE 2010 VOTER SURVEY, RETURNS ARE COMING IN
….and I thank you for that. We mailed 4,700 and so far we have
about 900 returns. We will start tabulating April first and advise you
of the data collected. We’ll share the raw numbers with the other
Representatives who are doing the same survey in their district. This
will give us a sufficient sample of the views of the electorate.
Almost all have written commentary and I will read them all during the
April recess and report back to you.
I much appreciate the contributions we find in many of the
envelopes, thank you. This will help in the upcoming campaign. This is
not a moneymaker, nor do I expect it to be. The mailing was $2,900 and
I’ve received about $800. But I also got a couple of hundred new
subscribers to my newsletter and valuable information. Please send it
in and don’t worry about money.
EDUCATION PROPAGANDA – DON’T FALL FOR IT
The latest government bulletin by Kansas Association of School
Boards (KASB) has this headline: "Committee recommends $172 million
cut for school; districts.” Really? The recommendation was to fund
schools at the same level as last year. The $172 million are federal
stimulus funds which were given last year but not this year. The
school districts knew that would be the case for a year and had the
opportunity to adjust their spending.
Cost for non-instructional overhead is still too high. Years ago we
mandated that 65% of funds allocated must go into the classroom and we
let KASB define what that means. They included nurses, librarians,
teachers, and the necessary materials but we’re at less than 60% of
that mandate state wide.
We know that reducing the districts from 293 to 40 will save $300
million annually, but KASB is fighting that tooth and nail. Fixing the
costly funding formula will also save millions; same violent
opposition. Finally more flexibility with the unencumbered balances
would also be helpful.
Independent audits have been offered to districts to help find areas
of savings. These have been very successful, with one district saving
over $1 million alone. The audits are performed by legislative post
audit a non political, neutral agency. Only six of 293 districts have
participated so far (none in Johnson County.)
We can and must reduce cost in K-12 but not at the expense of the
teachers or what goes into the classroom. We ought to concern
ourselves with the question why a superintendent should get a raise
and make six times what a teacher gets while the board cuts the
Parents as Teachers program. Don’t blame the legislature.
LAST WEEK’S VISITORS
Thomas Foster, Chief Judge, Johnson County Sheriff Frank Denning and
one of his officers, Captain Robert Keller, Johnson County Commission
Chairlady Anna Beth Surbaugh, Megan Woods of the Salvation Army (who
brought a half dozen donuts), Calvin Hayden, Johnson County
Commissioner.
It is always nice to see a constituent but please call for an
appointment so we can visit in leisure. 785-296-7682.
GUTTA CAVAT
…lapidem non vi sed saepe cadendo. If your Latin is rusty, that
means, “The drop of water does not hollow the stone with force but
by constantly falling.” Determination matters. For three years I
have been trying to pass a bill which will provide insurance coverage
for hearing aids. The opposition is fierce; the insurance lobby hates
it, the insurance commissioner does not want it and many legislators
don’t want to vote for mandates.
But I’ve been persistent. Forgetting the lobbyists, I first worked
on the commissioner. Last year, she shifted from opposed to neutral
which helped. Next, I began working on colleagues from both sides of
the aisle. I befriended one of the Dem leaders and she worked on her
caucus and I was confident this time I had the votes. (First year the
bill received 13 votes, second 32, last year 53, but I needed 63.)
It is now too late to introduce a stand alone bill. I started
looking for a bill to amend it into. I thought I found one Tuesday but
my amendment was ruled “not germane,” so it is back to the drawing
board. I hope to find a Senate bill to tack my amendment on. If I
cannot find one, I pre file it as a freestanding bill for next
session. This will give me time to work on the Senate. God willing,
I’ll pass this soon.
KID'S ISSUES
I am frustrated that no meaningful legislation has been passed to
correct the mismanagement, malfeasance, and waste of money by SRS. My
committee has fully documented abuse and financial irregularities in
this agency. The interest by the Governor and legislative leadership
is not great enough to make the necessary changes this session. The
idea seems to be that a new Governor and a new Secretary will be in
office in January and then we will act. There are a couple of small
measures in the pipeline still, but certainly not what needs to be
done. We’ll go to bat next session.
I’M NUMBER 160
This will really upset the retromingent nasty old lady who keeps
accusing me of catering to fat cats and special interests—but never
naming who these people are. The latest HAWVER’S REPORT lists
gratuities from lobbyists to legislators. When lobbyists wine and dine
you they must fill out a report which includes how much they spent. Of
the 168 legislators on the list in Topeka, I rank 160. Only 8 got even
less than I did, and two of those have been absent because of major
illness.
I have a policy of not accepting after hour invitations because I
commute and I want to be with my saintly wife, who has been cancer
free for six years, thank GOD. Lobbyists are free to come to my office
and they frequently do to bring data, information, and their view of
bills. I appreciate their efforts.
THE KANSAS OPTOMETRIC ASSOCIATION
…asked me to tell you about the SEE TO LEARN program which is a
wonderful, free vision assessment for three year old children. These
fine folks have donated over $2 million in care through this program.
Good eyesight is a prerequisite for learning and you should take
advantage of this program for your child. For more information or an
appointment, call 800-960-EYES or go to www.seetolearn.com
.
SENIOR NOTES
The Federal Trade Commission has a new guide on health topics
important to seniors. These include generic drugs, hormone therapy,
hearing aids, and medical ID theft. Call 877-382-4357 or go to
http://www.ftc.gov/whocares
.
Aging related legal matters dealing with health care planning and
financial decisions can be obtained by calling 203-221-6580 and asking
for a copy of "Legal Matters."
Social Security has a service which will expedite disability claims
for applicants with severe medical conditions. Using it will get you a
decision in days. To see whether you qualify click on "Appeal Request
and Appeal Disability Repor
t."
THE HOUSE BUDGET PROPOSAL
The House Republican leadership proposed a budget which does NOT
include a tax increase and which will have a $302 million ending
balance. The key provisions are as follows:
Funding K-12 at the same level as last year but not replacing the
$172 million the Feds will not provide
A 5% pay cut for all state employees
Freeze KPERS employer contribution at the 2010 level in 2011
Delay $24 million in disaster assistance
Institute a state wide hiring freeze
An across the board 1% SGF reduction except for K-12
Pulling $450 million from KDOT
Recapturing Medicare/Medicaid liabilities
And some other provisions.
This is a first proposal and will need to be vetted, but should be a
basis for discussion. The democrats want to postpone all decisions
until May 3rd, the end of the session, at which time they’ll want to
advocate for a huge tax increase. I hope I’m wrong. Stay tuned.
THE LAST WORD
I have wondered at times what the Ten Commandments would have looked
like if Moses had run them through the US Congress.
Ronald Reagan
--
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Tuesday, March 23, 2010
No Surprise On This ONE! The Sedgwick County DA's Office Likes the Child Molesters!
DA Declines to File Charges Against Camelot Nurse
Posted: Feb 26, 2010 11:37 AM CST
Updated: Mar 02, 2010 3:52 PM CST
http://www.kwch.com/Global/story.asp?S=12051021
No charges related to reported sexual abuse will be filed against a Camelot nurse.Latest Update
The Sedgwick County District Attorney's office declined to file charges against a nurse at the Camelot Center. The nurse was suspected of having sex with a 17-year-old staying at the treatment center.
A spokesperson says there was "no evidence to prove anything criminal was committed."
Police don't plan to investigate the case further. The nurse will still be charged in municipal court for Batter of a Law Enforcement Officer.
------------------
Original Coverage (2/26)
By Megahn Snyder (WICHITA, Kan.)
A nurse at a treatment center for teens could face charges for having sex with a 17-year-old client.
Wichita police tell us someone saw the woman leave the Camelot Center in Riverside with the boy early Thursday morning. The witness called 911. Police later responded to the woman's southeast Wichita apartment where they found the teen and the woman.
She was booked on one count of unlawful sexual relations for allegedly having sex with the teen who was locked up at the facility. She could also face battery charges for fighting the officers who arrested her.
Posted: Feb 26, 2010 11:37 AM CST
Updated: Mar 02, 2010 3:52 PM CST
http://www.kwch.com/Global/story.asp?S=12051021
No charges related to reported sexual abuse will be filed against a Camelot nurse.Latest Update
The Sedgwick County District Attorney's office declined to file charges against a nurse at the Camelot Center. The nurse was suspected of having sex with a 17-year-old staying at the treatment center.
A spokesperson says there was "no evidence to prove anything criminal was committed."
Police don't plan to investigate the case further. The nurse will still be charged in municipal court for Batter of a Law Enforcement Officer.
------------------
Original Coverage (2/26)
By Megahn Snyder (WICHITA, Kan.)
A nurse at a treatment center for teens could face charges for having sex with a 17-year-old client.
Wichita police tell us someone saw the woman leave the Camelot Center in Riverside with the boy early Thursday morning. The witness called 911. Police later responded to the woman's southeast Wichita apartment where they found the teen and the woman.
She was booked on one count of unlawful sexual relations for allegedly having sex with the teen who was locked up at the facility. She could also face battery charges for fighting the officers who arrested her.
Tuesday, March 9, 2010
9 former employees sue Topeka juvenile facility
http://www.kansas.com/2010/03/09/1216705/9-former-employees-sue-topeka.html
The Associated Press
· http://www.cjonline.com
TOPEKA, Kan. - A closed juvenile center in Topeka has been sued for discrimination by nine former employees.
In the federal lawsuit, the former employees of Forbes Juvenile Attention Center allege that they were subjected to racially insensitive jokes, intimidation and disparities in job evaluations.
The nine employees are seeking $500,000 in damages.
Scott Henricks, an official with center's parent company said the company wouldn't comment because it didn't know about the lawsuit.
The Topeka Capital-Journal reported last year that a 12-year-old resident alleged he was repeatedly raped because of insufficient staffing and room checks at the center. The company settled that lawsuit out of court in late November.
The center closed a few weeks after the story was reported.
Information from: The Topeka Capital-Journal, http://www.cjonline.com
*************************************************************************
Youth detention center in 'chaos'
http://cjonline.com/news/local/2009-10-17/youth_detention_center_in_chaos
Created October 17, 2009 at 9:30pm
Updated October 18, 2009 at 1:15am
Insufficient staff numbers and inadequate room checks by a Topeka juvenile residential center opened the door for a 12-year-old boy to be repeatedly raped by his roommate over three days in January 2008, a civil lawsuit claims.
"The rape, sodomy, sexual assault and sexual battery could not have happened if the boys or men were properly supervised," reads the suit.
The suit, filed last year in Shawnee County District Court against the owners of Forbes Juvenile Attention Facility, isn't the only place to find concerns about the welfare of residents of the facility.
Other issues related to the treatment of residents have been raised in inspection reports, internal memos and the words of former FJAC workers. Allegations of racial discrimination and questions about how FJAC administrators notify authorities of alleged abuse also have been raised.
The problems, former staffers say, allowed sexual misconduct to go unnoticed.
"The last couple months before I left, it was chaos," said Clarence Tyson, a shift supervisor who resigned in late 2008 after seven years at FJAC.
The allegations are just that -- allegations, the FJAC administration said. Terry Campbell, executive vice president for Clarence M. Kelley Juvenile Justice Resources, which owns FJAC, said a handful of unhappy workers have already made similar claims to other governmental agencies.
"I'm sure SRS has received them, KDHE has received them, JJA has received them, the governor has probably received them," Campbell said. "It's because we've got disgruntled staff, former employees. They're not the majority of the professional staff that we have."
Campbell said there have been only six reports of sexual misconduct at FJAC since 2007, and only two were sexual assaults.
FJAC, located at Forbes Field at 6700 S.W. Topeka Blvd., is a privately run youth residential center, a nonsecure group home for male juvenile offenders that houses up to 56 youths ages 12 to 17. The offenders sent to FJAC aren't the most dangerous in the juvenile system, thus one reason why it isn't a locked facility.
Since a new administration took over at FJAC in late 2007, the Kansas Department of Health and Environment has investigated 20 complaints there. That is more than any of the 29 similar facilities contracting with the state except for one -- Camelot Lakeside in Goddard, which has had 26 such complaints. Many of the complaints against FJAC allege insufficient staffing led to the incidents.
And at least six workers -- five former and one current -- have filed state or federal discrimination suits in 2009. In addition to alleging black workers were treated differently, some of the suits say employees feared retaliation for reporting alleged abuse to authorities as required by regulations and law.
Campbell points out most allegations by the former employees and allegations investigated by KDHE couldn't be substantiated.
Ward Loyd, chairman of the Kansas Advisory Group on Juvenile Justice and Delinquency Prevention, said he hadn't heard of the allegations but said "where's there's smoke, there's usually fire."
"It's certainly unfortunate to hear that we've got these types of allegations with any Kansas facility," he said. "The whole issue with having them placed in these kinds of facilities is to provide for their needs, not to complicate them."
Civil suit
The 12-year-old plaintiff in the current civil suit against FJAC was referred to the facility in late 2007 or early 2008 by case manager Kenyetta Byrd. Soon after, an FJAC worker contacted Byrd concerned about the boy's small size. According to a February 2008 report by the Juvenile Justice Authority's inspector general on the incident, the caller told Byrd the boy would be "eaten alive."
"They didn't even have clothes small enough to fit him," said Toni Wash, a drug and alcohol counselor who worked at FJAC from late 2007 to late 2008. "Everyone was asking why he was there."
Campbell said he wouldn't comment on any incident under litigation. In addition to the civil case against Kelley Juvenile Detention Services, the roommate suspected of raping the 12-year-old is facing criminal sodomy charges in juvenile court.
Immediately after Byrd got the alarming call from the FJAC worker, another case coordinator called and told her to disregard the previous caller. The boy was then placed at FJAC.
The alleged rape and sodomy occurred from Jan. 22 to Jan. 24, 2008, and as soon as FJAC learned about it, officials there contacted authorities. The lawsuit claims FJAC workers didn't conduct room checks every 15 minutes as their policy mandated. The inspector general's report says room-check logs contained blanket statements about the whole floor without specific mention of individual room checks.
In an e-mail to Campbell on Feb. 14, 2008, Kelley administrator Scott Henricks conceded some fault.
"The cause of the alleged incident can partially be attributed to staff error," he wrote.
In its court response, however, FJAC flatly denied the allegations of improper staff work.
JJA commissioner Russ Jennings said:, "Is there a concern that staff aren't checking rooms regularly? Yes, there certainly is."
Mona Brown, a floor staffer for more than a year until she was fired in January, said she wasn't surprised something happened.
"The staff ratio just wasn't there," she said. "That is the thing that sets it up for things to happen."
Runaway
The alleged rape isn't the only incident in which inadequate supervision has been an issue at FJAC.
A KDHE investigatory report from March 19, 2009, chronicled how a resident stole a worker's cell phone and her car after FJAC staff members left him in a visitation room alone with instructions to stay put.
After meeting for 30 minutes and then going to their offices for another 20 minutes, staff members returned to the room to find the boy gone.
A security video would later show him walking up and down the halls on both floors. The report stated the boy roamed the halls for "approximately one hour and was able to steal a teacher's cell phone and car keys and then exit the building and steal a car without being noticed or missed."
"There was not adequate staff to supervise youth at all times," the report said.
The incident was reported to Metropolitan Topeka Airport Authority police, but it wasn't immediately reported to KDHE, as required by FJAC's own policies. It was two weeks before KDHE was notified.
Campbell said it was important to remember residents aren't locked up at FJAC.
"One takes off, one steals a car, and the issue we have is why didn't we tell KDHE about that at the time?" he asked. "Well, we should have (notified KDHE), but I think our primary concern is getting the police notified, making sure the kid is all right and make sure no one gets hurt."
It wasn't the first time KDHE, which shares oversight responsibilities with the Kansas Department of Social and Rehabilitation Services, heard of a such problem.
KDHE has received five complaints ranging from sexual activity between the boys to runaway youths, all of them blamed on a lack of staffing. Three of the complaints were unfounded, KDHE said.
But a Jan. 14, 2009, investigative report found evidence of inadequate staffing. The visit to FJAC was prompted by allegations another 12-year-old -- not the boy in the lawsuit -- was sodomized by his roommate. The KDHE report stated staff ratios were in compliance at the time of the incident, but a review of the previous year's records by the agency showed 14 shifts weren't staffed properly.
The report said FJAC administrator Jeff Sampson stated he had hired six to seven new employees and was at that time fully staffed.
KDHE's findings were conservative, said Sue Mayhan, who was the second-shift supervisor from October 2008 through May 2009.
"In the eight months I was there, we might have had adequate staffing three months," she said.
Clarence Tyson, a first-shift supervisor who left in late 2008 after seven years at FJAC, said employees were "always asking about staffing."
"Sometimes they'd have 14 or 15 kids on a unit and only one staff," he said.
KDHE requires facilities like FJAC to have at least one staff member for every seven residents during waking hours and one employee for every 10 at night.
In a Nov. 2, 2008, memo, floor staffer Alan Barr wrote to Sampson, "I continue to be on the wing constantly by myself, and I feel my safety is in question."
Campbell wouldn't comment on specific incidents but said KDHE's lack of findings on most of the claims was vindication. He said any problems with staffing were most likely the cause of employees calling in sick, and any issues were immediately addressed.
He said maintaining a consistent staff can be difficult in a facility with juvenile offenders. Since 2007, the facility, which ranges from 40 to 60 workers, has employed 111 people.
Jennings said in his experience running a juvenile detention center in western Kansas, "There's a multitude of issues in terms of recruitment, retention and trainability of employees."
How the facility responded when things did happen is the source of former employees' complaints to KDHE and the Kansas Human Rights Commission.
'Tom, Dick and Harry'
Former employees' statements, complaints to KDHE and claims in discrimination filings allege staff members were routinely discouraged by Sampson from reporting alleged abuse or misconduct to authorities.
Mayhan said Sampson questioned her in November 2008 when she heard an allegation of sodomy and called the MTAA police and other authorities.
"He said it was stuff like that that can get a facility closed down," she said. "He told me I call MTAA too much and that KDHE keeps getting the reports on us and that it's not good for us."
Mayhan said Sampson later told her and other staff members he was tired of having SRS and KDHE investigating "for every Tom, Dick and Harry thing."
Campbell said he wouldn't comment on any personnel matters. He said allegations of employees being discouraged from reporting incidents have appeared in at least some of the discrimination cases filed with KHRC.
Sexual misconduct
Wash said she experienced the same roadblock when she reported a possible case of sexual misconduct involving a resident in November 2008. After pushing the incident up the chain of command and getting nowhere for weeks, she said, she got a meeting with Sampson.
Wash said Sampson told her he hadn't heard anything about the incident. Soon after, she said, she began to get written up on a weekly basis.
She believed it was an effort to build a case for firing her, which happened in December 2008.
Campbell said he wouldn't go into specifics but said Wash wasn't fired for pushing to report the incident. He also said there was an investigation by SRS and MTAA police and that Wash was involved in it.
Wash said she was never contacted by anyone investigating the incident.
The Kansas Department of Labor, in determining whether Wash should get unemployment benefits, said there wasn't enough evidence to show her "alleged actions were a violation of a duty."
Months later, in an investigative document dated March 19, KDHE asked about allegations that staff members didn't do anything about an alleged sexual misconduct between two residents. Sampson told the agency: "He had checked into the incident and was not able to verify that the incident did occur. He did separate the boys at the time."
'That's my call'
In another incident in April 2008, Tyson heard allegations a floor staff member was crawling into bed with residents in the morning. He told the staff and residents to write memos.
"Resident (unnamed) said that Mr. K comes into their room and lays in the bed with them to wake them up," reads one of the memos dated April 9, 2008. "Resident said that he grabbed his toes while he was in the bed."
Tyson said he placed the documents in the mailboxes of the case worker, building supervisor and Sampson.
A few days later, Sampson came to the floor and asked the kids what happened, said floor staffer Brown. She said the residents told Sampson they didn't want the staffer fired. Brown said Sampson told the floor's staff and residents he wouldn't fire the employee and that no one was to call SRS.
"He said, 'That's my call,' " she said.
In addition to the requirement in JJA's provider handbook and in FJAC's own operations manual to report such incidents, it also says the administration should never "interfere or otherwise attempt to alter the report of an abuse/neglect claim made by an employee of the facility."
Interference in reporting such an incident is also a class B misdemeanor under Kansas statutes.
That is why Campbell said FJAC never discouraged reporting.
Tyson said a few weeks went by after the memos were sent to Sampson and the staffer was still on the floor.
"I thought something should happen, maybe a suspension with pay until the veracity was checked out," he said. "It struck everyone as odd that he was still around."
Tyson said the staffer eventually was made an intern case worker for a few weeks before he left the facility.
The policy
Campbell said FJAC takes very seriously its obligation to report abuse. He said he was sure any staff member who felt a youth was being harmed would report it to the authorities, "and if they don't, they're negligent." But he also laid out the company's multilayered policy for reporting incidents.
"Staff should be reporting it, first of all, to their supervisor and the administrator, and if they don't feel it's being addressed then they should report it to our corporate compliance officer," Campbell said. "If they're not satisfied then, then they can always go to outside agencies."
He said employees would only face possible reprimand for reporting out of turn.
Rep. Pat Colloton, R-Leawood, chairwoman of the House Corrections and Juvenile Justice Committee, said that isn't how the law reads.
"It sounds like they've got a horrible policy in place that goes against the SRS intent," she said.
JJA commissioner Jennings said it isn't unreasonable for a facility to have a policy that requires the staff to report alleged abuse to superiors first so they can try to address the problem immediately. But that policy shouldn't be used as "a process of screening of what is reported or not."
"Really an employer shouldn't do anything that dissuades an employee from doing their statutory requirement to report alleged abuse," he said.
That being said, Jenning said, FJAC and other contractors "are in a position that they are able to ensure the environment is healthy and safe."
Campbell reiterated that most of the allegations haven't been substantiated by any state agency.
"Allegations can be made by people that maybe aren't the happiest with their employers," he said. "We're very concerned by every allegation. That's why we want to look into them."
James Carlson can be reached at (785) 295-1186 or james.carlson@cjonline.com.
http://www.kansas.com/2010/03/09/1216705/9-former-employees-sue-topeka.html
The Associated Press
· http://www.cjonline.com
TOPEKA, Kan. - A closed juvenile center in Topeka has been sued for discrimination by nine former employees.
In the federal lawsuit, the former employees of Forbes Juvenile Attention Center allege that they were subjected to racially insensitive jokes, intimidation and disparities in job evaluations.
The nine employees are seeking $500,000 in damages.
Scott Henricks, an official with center's parent company said the company wouldn't comment because it didn't know about the lawsuit.
The Topeka Capital-Journal reported last year that a 12-year-old resident alleged he was repeatedly raped because of insufficient staffing and room checks at the center. The company settled that lawsuit out of court in late November.
The center closed a few weeks after the story was reported.
Information from: The Topeka Capital-Journal, http://www.cjonline.com
*************************************************************************
Youth detention center in 'chaos'
http://cjonline.com/news/local/2009-10-17/youth_detention_center_in_chaos
Created October 17, 2009 at 9:30pm
Updated October 18, 2009 at 1:15am
Insufficient staff numbers and inadequate room checks by a Topeka juvenile residential center opened the door for a 12-year-old boy to be repeatedly raped by his roommate over three days in January 2008, a civil lawsuit claims.
"The rape, sodomy, sexual assault and sexual battery could not have happened if the boys or men were properly supervised," reads the suit.
The suit, filed last year in Shawnee County District Court against the owners of Forbes Juvenile Attention Facility, isn't the only place to find concerns about the welfare of residents of the facility.
Other issues related to the treatment of residents have been raised in inspection reports, internal memos and the words of former FJAC workers. Allegations of racial discrimination and questions about how FJAC administrators notify authorities of alleged abuse also have been raised.
The problems, former staffers say, allowed sexual misconduct to go unnoticed.
"The last couple months before I left, it was chaos," said Clarence Tyson, a shift supervisor who resigned in late 2008 after seven years at FJAC.
The allegations are just that -- allegations, the FJAC administration said. Terry Campbell, executive vice president for Clarence M. Kelley Juvenile Justice Resources, which owns FJAC, said a handful of unhappy workers have already made similar claims to other governmental agencies.
"I'm sure SRS has received them, KDHE has received them, JJA has received them, the governor has probably received them," Campbell said. "It's because we've got disgruntled staff, former employees. They're not the majority of the professional staff that we have."
Campbell said there have been only six reports of sexual misconduct at FJAC since 2007, and only two were sexual assaults.
FJAC, located at Forbes Field at 6700 S.W. Topeka Blvd., is a privately run youth residential center, a nonsecure group home for male juvenile offenders that houses up to 56 youths ages 12 to 17. The offenders sent to FJAC aren't the most dangerous in the juvenile system, thus one reason why it isn't a locked facility.
Since a new administration took over at FJAC in late 2007, the Kansas Department of Health and Environment has investigated 20 complaints there. That is more than any of the 29 similar facilities contracting with the state except for one -- Camelot Lakeside in Goddard, which has had 26 such complaints. Many of the complaints against FJAC allege insufficient staffing led to the incidents.
And at least six workers -- five former and one current -- have filed state or federal discrimination suits in 2009. In addition to alleging black workers were treated differently, some of the suits say employees feared retaliation for reporting alleged abuse to authorities as required by regulations and law.
Campbell points out most allegations by the former employees and allegations investigated by KDHE couldn't be substantiated.
Ward Loyd, chairman of the Kansas Advisory Group on Juvenile Justice and Delinquency Prevention, said he hadn't heard of the allegations but said "where's there's smoke, there's usually fire."
"It's certainly unfortunate to hear that we've got these types of allegations with any Kansas facility," he said. "The whole issue with having them placed in these kinds of facilities is to provide for their needs, not to complicate them."
Civil suit
The 12-year-old plaintiff in the current civil suit against FJAC was referred to the facility in late 2007 or early 2008 by case manager Kenyetta Byrd. Soon after, an FJAC worker contacted Byrd concerned about the boy's small size. According to a February 2008 report by the Juvenile Justice Authority's inspector general on the incident, the caller told Byrd the boy would be "eaten alive."
"They didn't even have clothes small enough to fit him," said Toni Wash, a drug and alcohol counselor who worked at FJAC from late 2007 to late 2008. "Everyone was asking why he was there."
Campbell said he wouldn't comment on any incident under litigation. In addition to the civil case against Kelley Juvenile Detention Services, the roommate suspected of raping the 12-year-old is facing criminal sodomy charges in juvenile court.
Immediately after Byrd got the alarming call from the FJAC worker, another case coordinator called and told her to disregard the previous caller. The boy was then placed at FJAC.
The alleged rape and sodomy occurred from Jan. 22 to Jan. 24, 2008, and as soon as FJAC learned about it, officials there contacted authorities. The lawsuit claims FJAC workers didn't conduct room checks every 15 minutes as their policy mandated. The inspector general's report says room-check logs contained blanket statements about the whole floor without specific mention of individual room checks.
In an e-mail to Campbell on Feb. 14, 2008, Kelley administrator Scott Henricks conceded some fault.
"The cause of the alleged incident can partially be attributed to staff error," he wrote.
In its court response, however, FJAC flatly denied the allegations of improper staff work.
JJA commissioner Russ Jennings said:, "Is there a concern that staff aren't checking rooms regularly? Yes, there certainly is."
Mona Brown, a floor staffer for more than a year until she was fired in January, said she wasn't surprised something happened.
"The staff ratio just wasn't there," she said. "That is the thing that sets it up for things to happen."
Runaway
The alleged rape isn't the only incident in which inadequate supervision has been an issue at FJAC.
A KDHE investigatory report from March 19, 2009, chronicled how a resident stole a worker's cell phone and her car after FJAC staff members left him in a visitation room alone with instructions to stay put.
After meeting for 30 minutes and then going to their offices for another 20 minutes, staff members returned to the room to find the boy gone.
A security video would later show him walking up and down the halls on both floors. The report stated the boy roamed the halls for "approximately one hour and was able to steal a teacher's cell phone and car keys and then exit the building and steal a car without being noticed or missed."
"There was not adequate staff to supervise youth at all times," the report said.
The incident was reported to Metropolitan Topeka Airport Authority police, but it wasn't immediately reported to KDHE, as required by FJAC's own policies. It was two weeks before KDHE was notified.
Campbell said it was important to remember residents aren't locked up at FJAC.
"One takes off, one steals a car, and the issue we have is why didn't we tell KDHE about that at the time?" he asked. "Well, we should have (notified KDHE), but I think our primary concern is getting the police notified, making sure the kid is all right and make sure no one gets hurt."
It wasn't the first time KDHE, which shares oversight responsibilities with the Kansas Department of Social and Rehabilitation Services, heard of a such problem.
KDHE has received five complaints ranging from sexual activity between the boys to runaway youths, all of them blamed on a lack of staffing. Three of the complaints were unfounded, KDHE said.
But a Jan. 14, 2009, investigative report found evidence of inadequate staffing. The visit to FJAC was prompted by allegations another 12-year-old -- not the boy in the lawsuit -- was sodomized by his roommate. The KDHE report stated staff ratios were in compliance at the time of the incident, but a review of the previous year's records by the agency showed 14 shifts weren't staffed properly.
The report said FJAC administrator Jeff Sampson stated he had hired six to seven new employees and was at that time fully staffed.
KDHE's findings were conservative, said Sue Mayhan, who was the second-shift supervisor from October 2008 through May 2009.
"In the eight months I was there, we might have had adequate staffing three months," she said.
Clarence Tyson, a first-shift supervisor who left in late 2008 after seven years at FJAC, said employees were "always asking about staffing."
"Sometimes they'd have 14 or 15 kids on a unit and only one staff," he said.
KDHE requires facilities like FJAC to have at least one staff member for every seven residents during waking hours and one employee for every 10 at night.
In a Nov. 2, 2008, memo, floor staffer Alan Barr wrote to Sampson, "I continue to be on the wing constantly by myself, and I feel my safety is in question."
Campbell wouldn't comment on specific incidents but said KDHE's lack of findings on most of the claims was vindication. He said any problems with staffing were most likely the cause of employees calling in sick, and any issues were immediately addressed.
He said maintaining a consistent staff can be difficult in a facility with juvenile offenders. Since 2007, the facility, which ranges from 40 to 60 workers, has employed 111 people.
Jennings said in his experience running a juvenile detention center in western Kansas, "There's a multitude of issues in terms of recruitment, retention and trainability of employees."
How the facility responded when things did happen is the source of former employees' complaints to KDHE and the Kansas Human Rights Commission.
'Tom, Dick and Harry'
Former employees' statements, complaints to KDHE and claims in discrimination filings allege staff members were routinely discouraged by Sampson from reporting alleged abuse or misconduct to authorities.
Mayhan said Sampson questioned her in November 2008 when she heard an allegation of sodomy and called the MTAA police and other authorities.
"He said it was stuff like that that can get a facility closed down," she said. "He told me I call MTAA too much and that KDHE keeps getting the reports on us and that it's not good for us."
Mayhan said Sampson later told her and other staff members he was tired of having SRS and KDHE investigating "for every Tom, Dick and Harry thing."
Campbell said he wouldn't comment on any personnel matters. He said allegations of employees being discouraged from reporting incidents have appeared in at least some of the discrimination cases filed with KHRC.
Sexual misconduct
Wash said she experienced the same roadblock when she reported a possible case of sexual misconduct involving a resident in November 2008. After pushing the incident up the chain of command and getting nowhere for weeks, she said, she got a meeting with Sampson.
Wash said Sampson told her he hadn't heard anything about the incident. Soon after, she said, she began to get written up on a weekly basis.
She believed it was an effort to build a case for firing her, which happened in December 2008.
Campbell said he wouldn't go into specifics but said Wash wasn't fired for pushing to report the incident. He also said there was an investigation by SRS and MTAA police and that Wash was involved in it.
Wash said she was never contacted by anyone investigating the incident.
The Kansas Department of Labor, in determining whether Wash should get unemployment benefits, said there wasn't enough evidence to show her "alleged actions were a violation of a duty."
Months later, in an investigative document dated March 19, KDHE asked about allegations that staff members didn't do anything about an alleged sexual misconduct between two residents. Sampson told the agency: "He had checked into the incident and was not able to verify that the incident did occur. He did separate the boys at the time."
'That's my call'
In another incident in April 2008, Tyson heard allegations a floor staff member was crawling into bed with residents in the morning. He told the staff and residents to write memos.
"Resident (unnamed) said that Mr. K comes into their room and lays in the bed with them to wake them up," reads one of the memos dated April 9, 2008. "Resident said that he grabbed his toes while he was in the bed."
Tyson said he placed the documents in the mailboxes of the case worker, building supervisor and Sampson.
A few days later, Sampson came to the floor and asked the kids what happened, said floor staffer Brown. She said the residents told Sampson they didn't want the staffer fired. Brown said Sampson told the floor's staff and residents he wouldn't fire the employee and that no one was to call SRS.
"He said, 'That's my call,' " she said.
In addition to the requirement in JJA's provider handbook and in FJAC's own operations manual to report such incidents, it also says the administration should never "interfere or otherwise attempt to alter the report of an abuse/neglect claim made by an employee of the facility."
Interference in reporting such an incident is also a class B misdemeanor under Kansas statutes.
That is why Campbell said FJAC never discouraged reporting.
Tyson said a few weeks went by after the memos were sent to Sampson and the staffer was still on the floor.
"I thought something should happen, maybe a suspension with pay until the veracity was checked out," he said. "It struck everyone as odd that he was still around."
Tyson said the staffer eventually was made an intern case worker for a few weeks before he left the facility.
The policy
Campbell said FJAC takes very seriously its obligation to report abuse. He said he was sure any staff member who felt a youth was being harmed would report it to the authorities, "and if they don't, they're negligent." But he also laid out the company's multilayered policy for reporting incidents.
"Staff should be reporting it, first of all, to their supervisor and the administrator, and if they don't feel it's being addressed then they should report it to our corporate compliance officer," Campbell said. "If they're not satisfied then, then they can always go to outside agencies."
He said employees would only face possible reprimand for reporting out of turn.
Rep. Pat Colloton, R-Leawood, chairwoman of the House Corrections and Juvenile Justice Committee, said that isn't how the law reads.
"It sounds like they've got a horrible policy in place that goes against the SRS intent," she said.
JJA commissioner Jennings said it isn't unreasonable for a facility to have a policy that requires the staff to report alleged abuse to superiors first so they can try to address the problem immediately. But that policy shouldn't be used as "a process of screening of what is reported or not."
"Really an employer shouldn't do anything that dissuades an employee from doing their statutory requirement to report alleged abuse," he said.
That being said, Jenning said, FJAC and other contractors "are in a position that they are able to ensure the environment is healthy and safe."
Campbell reiterated that most of the allegations haven't been substantiated by any state agency.
"Allegations can be made by people that maybe aren't the happiest with their employers," he said. "We're very concerned by every allegation. That's why we want to look into them."
James Carlson can be reached at (785) 295-1186 or james.carlson@cjonline.com.
Twitter posts from Kansas Watchdog "hearings" (if you want to call them that) on foster care issues. It is posted below:
"SRS Jordan saying not everything said at hearings last year was true"
Who is Jordan saying is the liar this time?
#ksleg Jordan: "Checks and balances are built into the system". Removal should be for serious harm. about 4 hours ago via web
#ksleg Jordan: When at all possible childeren should be placed with natural family. Removal harms child. Must save from worse harm. about 4 hours ago via web
#ksleg State Rep Holmes: People in position of power have tremendous responsiblities. There are horror stories about removals? Safeguards? about 4 hours ago via web
#ksleg Jordan: "Life is messy". We can always do better. Compare to other states. about 4 hours ago via web
#ksleg State Rep Neufeld asking Jordan about ideas to improve the system. Jordan: Statutes are fine, but there are things to fix. about 4 hours ago via web
#ksleg State Rep Neufeld: "Don't need details" but need to do what is best for kids. about 4 hours ago via web
#ksleg State Rep Tietze asking "Where are you on confidentality"? Jordan: "Laws are to protect the child". Hurts us as an agency. about 4 hours ago via web
#ksleg Document about "Sunshine is good for children" from DC: http://tinyurl.com/yln7umr about 4 hours ago via web
#ksleg No one at hearing talking about how "Sunshine is good for children" http://tinyurl.com/yzvsv4z about 4 hours ago via web
#ksleg Jordan saying "their view of realty" isn't what is seen by SRS. State Rep Kiegerl: Actions by SRS looked like retaliation. about 4 hours ago via web
#ksleg SRS Jordan saying not everything said at hearings last year was true. about 4 hours ago via web
#ksleg State Rep Kiegerl: Take some actions so this kind of thing can never happen again. Jordan: "Limited on what I can say" about 4 hours ago via web
#ksleg State Rep Kiegerl asking SRS Jordan about Carpenter case. about 4 hours ago via web
#ksleg State Rep Kiegerl asking SRS Jordan to take a look at some cases one more time. about 4 hours ago via web
#ksleg SRS Secretary Jordan to field questions from Fed & State Committee. about 4 hours ago via web
#ksleg: Someone from Office of Judicial Administration is now talking about grants about 4 hours ago via web
#ksleg: State Rep Brunk: Thanking three young adults for testifying. State Rep Loganbill asking about "aging out" age at 18. Better age? about 4 hours ago via web
#ksleg: State Rep Neufeld: glad to hear about succsses of system. about 4 hours ago via web
#ksleg: Ritchie: SRS case worker has been very supportive. about 4 hours ago via web
#ksleg: 17 yr old "Ritchie": Been in foster care since 2004. Relatives did not have resources. about 4 hours ago via web
#ksleg: Perkins: Workers have too many kids on their case load. about 5 hours ago via web
#ksleg Perkins: Was in foster care for 6 years. First few years went well, but "All the other kids went home". I ran away. about 5 hours ago via web
#ksleg Rachel Perkins talking about her foster care experience. about 5 hours ago via web
#ksleg I only saw SRS worker twice while under their care. The 2nd time she didn't even recognize me. about 5 hours ago via web
#ksleg This person told about abuse "I am not a slave" and how she ran away at one point. about 5 hours ago via web
#ksleg Person that grew up in foster care now speaking. about 5 hours ago via web
#ksleg Spelling of last speaker's name was Janet Kado, LMSW about 5 hours ago via web
#ksleg State Rep Grant: You feel that when SRS was over foster care, it worked better? Cato: Yes about 5 hours ago via web
#ksleg State Rep Knox: Even though gov't, SRS worked as a team "the old way". about 5 hours ago via web
#ksleg Janet Cato: "Cannot say anything good about contracting" about 5 hours ago via web
#ksleg Janet Cato: "Why does this happen?" Crying about kids being left out. Their best interests are not being looked out for. about 5 hours ago via web
#ksleg Janet Cato: Too much staff turn around. Too many new workers in various agencies. about 5 hours ago via web
#ksleg Janet Cato: "This sounds negative but it's my personal experience" about 5 hours ago via web
#ksleg Janet Cato says private contracting not working. Too many agencies involved. Often parents don't know where to get help. about 5 hours ago via web
#ksleg State Rep Neufeld asking Youthville about kinship care. Youthville says we're above nat'l average: Neufeld: not satisfied with that about 5 hours ago via web
#ksleg State Rep asking Youthville about privatization vs. gov't-run system. State Rep Knox asking about "many" contractors instead of few. about 5 hours ago via web
#ksleg Youthville: Telling committee about chart before and after privatization. about 5 hours ago via web
#ksleg Youthville representative now speaking. DIdn't catch the name. about 5 hours ago via web
#ksleg Kiegerl asked about $500,000 contribution by The Farm. TFI: My understanding was the figure was in wrong category. about 5 hours ago via web
#ksleg Kiegerl to TFI: Why did you net worth increase so much in a few years? [TFI is a non-profit] KFI: We can provide more info. about 5 hours ago via web
#ksleg State Rep Mike Kiegerl: In Nov. hearing there were the least number of complaints against the farm. about 5 hours ago via web
#ksleg TFI: Target oversight that is needed. Not all areas need more attention. about 5 hours ago via web
#ksleg: State Rep Brown: We're seeing more and more complaints, yet the state is not providing more oversight. about 5 hours ago via web
#ksleg State Rep Brown to TFI: Accountability? How do you check yourself? about 5 hours ago via web
#ksleg Person from TFI (The Farm Inc) in Emporia is talking about their services. Serve about 4000 children and youth in Kansas. about 5 hours ago via web
#ksleg Live tweeting from House Fed & State Committee. Will continue today on children's issues. about 6 hours ago via web
"SRS Jordan saying not everything said at hearings last year was true"
Who is Jordan saying is the liar this time?
#ksleg Jordan: "Checks and balances are built into the system". Removal should be for serious harm. about 4 hours ago via web
#ksleg Jordan: When at all possible childeren should be placed with natural family. Removal harms child. Must save from worse harm. about 4 hours ago via web
#ksleg State Rep Holmes: People in position of power have tremendous responsiblities. There are horror stories about removals? Safeguards? about 4 hours ago via web
#ksleg Jordan: "Life is messy". We can always do better. Compare to other states. about 4 hours ago via web
#ksleg State Rep Neufeld asking Jordan about ideas to improve the system. Jordan: Statutes are fine, but there are things to fix. about 4 hours ago via web
#ksleg State Rep Neufeld: "Don't need details" but need to do what is best for kids. about 4 hours ago via web
#ksleg State Rep Tietze asking "Where are you on confidentality"? Jordan: "Laws are to protect the child". Hurts us as an agency. about 4 hours ago via web
#ksleg Document about "Sunshine is good for children" from DC: http://tinyurl.com/yln7umr about 4 hours ago via web
#ksleg No one at hearing talking about how "Sunshine is good for children" http://tinyurl.com/yzvsv4z about 4 hours ago via web
#ksleg Jordan saying "their view of realty" isn't what is seen by SRS. State Rep Kiegerl: Actions by SRS looked like retaliation. about 4 hours ago via web
#ksleg SRS Jordan saying not everything said at hearings last year was true. about 4 hours ago via web
#ksleg State Rep Kiegerl: Take some actions so this kind of thing can never happen again. Jordan: "Limited on what I can say" about 4 hours ago via web
#ksleg State Rep Kiegerl asking SRS Jordan about Carpenter case. about 4 hours ago via web
#ksleg State Rep Kiegerl asking SRS Jordan to take a look at some cases one more time. about 4 hours ago via web
#ksleg SRS Secretary Jordan to field questions from Fed & State Committee. about 4 hours ago via web
#ksleg: Someone from Office of Judicial Administration is now talking about grants about 4 hours ago via web
#ksleg: State Rep Brunk: Thanking three young adults for testifying. State Rep Loganbill asking about "aging out" age at 18. Better age? about 4 hours ago via web
#ksleg: State Rep Neufeld: glad to hear about succsses of system. about 4 hours ago via web
#ksleg: Ritchie: SRS case worker has been very supportive. about 4 hours ago via web
#ksleg: 17 yr old "Ritchie": Been in foster care since 2004. Relatives did not have resources. about 4 hours ago via web
#ksleg: Perkins: Workers have too many kids on their case load. about 5 hours ago via web
#ksleg Perkins: Was in foster care for 6 years. First few years went well, but "All the other kids went home". I ran away. about 5 hours ago via web
#ksleg Rachel Perkins talking about her foster care experience. about 5 hours ago via web
#ksleg I only saw SRS worker twice while under their care. The 2nd time she didn't even recognize me. about 5 hours ago via web
#ksleg This person told about abuse "I am not a slave" and how she ran away at one point. about 5 hours ago via web
#ksleg Person that grew up in foster care now speaking. about 5 hours ago via web
#ksleg Spelling of last speaker's name was Janet Kado, LMSW about 5 hours ago via web
#ksleg State Rep Grant: You feel that when SRS was over foster care, it worked better? Cato: Yes about 5 hours ago via web
#ksleg State Rep Knox: Even though gov't, SRS worked as a team "the old way". about 5 hours ago via web
#ksleg Janet Cato: "Cannot say anything good about contracting" about 5 hours ago via web
#ksleg Janet Cato: "Why does this happen?" Crying about kids being left out. Their best interests are not being looked out for. about 5 hours ago via web
#ksleg Janet Cato: Too much staff turn around. Too many new workers in various agencies. about 5 hours ago via web
#ksleg Janet Cato: "This sounds negative but it's my personal experience" about 5 hours ago via web
#ksleg Janet Cato says private contracting not working. Too many agencies involved. Often parents don't know where to get help. about 5 hours ago via web
#ksleg State Rep Neufeld asking Youthville about kinship care. Youthville says we're above nat'l average: Neufeld: not satisfied with that about 5 hours ago via web
#ksleg State Rep asking Youthville about privatization vs. gov't-run system. State Rep Knox asking about "many" contractors instead of few. about 5 hours ago via web
#ksleg Youthville: Telling committee about chart before and after privatization. about 5 hours ago via web
#ksleg Youthville representative now speaking. DIdn't catch the name. about 5 hours ago via web
#ksleg Kiegerl asked about $500,000 contribution by The Farm. TFI: My understanding was the figure was in wrong category. about 5 hours ago via web
#ksleg Kiegerl to TFI: Why did you net worth increase so much in a few years? [TFI is a non-profit] KFI: We can provide more info. about 5 hours ago via web
#ksleg State Rep Mike Kiegerl: In Nov. hearing there were the least number of complaints against the farm. about 5 hours ago via web
#ksleg TFI: Target oversight that is needed. Not all areas need more attention. about 5 hours ago via web
#ksleg: State Rep Brown: We're seeing more and more complaints, yet the state is not providing more oversight. about 5 hours ago via web
#ksleg State Rep Brown to TFI: Accountability? How do you check yourself? about 5 hours ago via web
#ksleg Person from TFI (The Farm Inc) in Emporia is talking about their services. Serve about 4000 children and youth in Kansas. about 5 hours ago via web
#ksleg Live tweeting from House Fed & State Committee. Will continue today on children's issues. about 6 hours ago via web
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