Gov. Kathleen Sebelius [Updated] Gov. Sebelius’ reception for Dr. George Tiller at the Governor’s mansion while Tiller was under criminal investigation has been in the news for the past several days. News reports today focused on a late reimbursement to the State of Kansas for the event. Gov. Sebelius did not report auction items she donated to the Greater Kansas City Women’s Political Caucus, like the reception, as expenditures by her campaign committee or PAC, so the donations must have been made by her personally.

Last week Gov. Sebelius was on an online Lawrence Journal-World video saying that Dr. Tiller purchased the auction item “a year and a half or so ago,” which would have been the Torch Dinner in 2006. Today’s Kansas City Star now quotes sources that the reception was a year and a half after the purchase in Sept 2005, a year earlier than previously thought.

The Campaign Finance Act and Rules and Regulations published by the Kansas Governmental Ethics Commission in 2008 say this in Article 23, Expenditures and Other Disbursements:

(f) In-kind contributions. An in-kind contribution constitutes an expenditure.

Article 24 clarifies In-Kind Contributions:

19-24.1. Value of an in-kind contribution. … The donor of the item or service shall place the value on the in-kind contribution when given.

These ethics rules require both the Kathleen Sebelius gubernatorial campaign committee, and the Kathleen Sebelius Bluestem PAC, to have reported a fair market value for items donated to the Greater Kansas Women’s Political Caucus, but these rules do not apply to Kathleen Sebelius as a private citizen.

The PAC report for the Greater Kansas City Women’s Political Caucus will never reveal donations since their 501(c)4 organization hosted the event and auction, not their PAC. The IRS 990 for the Caucus in 2006 shows how much money was raised by the Torch auction in 2005:

Greater Kansas City Women\'s Political Caucus IRS 990

Greater Kansas City Women\'s Political Caucus IRS 990

The Greater Kansas City Women’s Political Caucus complied with reporting the non-profit activities on their IRS 990 and their PAC’s activities in reports to the Kansas Ethics Commission. But what about Kansas politicians that donated items for the auction at the yearly Torch dinner?

Gov. Kathleen Sebelius was honored at the Torch Dinner 2002 with their Erika S. Fox Pillar Award. Partial information that is known about Sebelius’ donations to this group in subsequent years:

Torch 2004 Live Auction Item (Sept 23, 2004)

Sebelius’ donation: “Have a Ball with the Governor”

Sebelius 2004 donation

Torch 2005 (Sept 29, 2005)

Today, Gov. Sebelius is claiming that in 2005 Dr. Tiller bought an auction item for the reception at Cedar Crest.

The name of the donated item is not know, but this short description from 2005 says Sebelius had an auction item:

Auction Donors
Many thanks to Auction Chair, Jill Jolicoeur and her outstanding committee, who worked so hard and raised more than $25,000 to support the mission of the Caucus! Below is a list of the businesses and individuals who donated the more than 100 items. Please support them with your business!

… Hon. Dennis Moore … Hon. Sandy Praeger … Hon. Kathleen Sebelius …

Torch 2006 (Sept 20, 2006)

From the Kansas City Star’s Buzz Blog (Torch tidbits):

“A late-arriving from Wichita Kansas Gov. Kathleen Sebelius also was well received, particularly when she offered up as an unexpected auction item dinner for six with her and the First Dude at the Governor’s Mansion.”

Now that Sebelius is claiming Tiller bought the item in 2005 instead of 2006, the winner of this dinner auction item is unknown.

The accounting for 2006 between the 501(c)4 and PAC seems a bit odd:

Even though this year’s Torch Dinner was the most successful yet, with $35,000 profit going to the PAC and $25,000 going to the (c)(4) organization, it just wasn’t enough to cover the $75,000 spent.

Apparently the 501(c)4 hosted the event at a loss, but still gave money to the PAC.

Torch 2007 (Sept 27, 2007)

From the program:

Photo Op with the Governor. Kansas Governor Kathleen Sebelius is offering a photo opportunity in the Governor’s office in the State Capitol Building along with a Kansas Flag once flown over the Capitol and an autographed Tile of the Great Seal of Kansas. A wonderful gift for anyone who knows there’s no place like home … Kansas!
[sold for a reported $550]

While Gov. Sebelius gave in-kind contributions to the Greater Kansas City Women’s Political Caucus 501(c)4 organization, apparently she did not report these items on either her gubernatorial report or Bluestem PAC report since she was making these donations personally. A review of the following reports failed to find any of the reported auction items: Jan 10, 2006, Jan 10, 2007 and Jan 10, 2008. [The report for Jan 10, 2005 is not available since it can only be obtained from the Kansas Secretary of State for $0.50/page.]

Other Kansas candidates known to have given in-kind contributions to this group included Congressman Dennis Moore, Attorney General Paul Morrison, and Kansas Treasurer Lynn Jenkins.  All of these donations must have been personal donations to be legal.

In 2005 when Tiller won the auction item to attend the reception at Cedar Crest, Tiller’s ProKanDo PAC “Development” Director, Jennifer Wright, was the 2005 Torch co-chair, and Gov. Kathleen Sebelius was the mistress of ceremonies. Prior to overseeing the Torch Dinner 2005, Gov. Sebelius held a fund-raising event at the same hotel:

Sebelius Fundraiser prior to Torch Dinner 2005

Carol Williams, Executive Director of theKansas Governmental Ethics Commission explains the ethics rules about donations:

The Sebelius, Morrison, and Jenkins campaigns are not required to report any auction donations unless they are specifically campaign related. If the Governor donates an item to a charity or other type of auction and she does so in either her personal or official capacity, it is not a reportable campaign expenditure. Only when campaign funds are used to purchase an item to be donated would they be reportable.


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2 Comments to “Did Gov. Kathleen Sebelius violate Kansas ethics laws by donating auction items and not reporting them? No, not if they were personal donations.”

  1. sasnak says:

    Sun Tzu said “Choose your enemies carefully, for you will come to resemble them”. The stated foe for you is Democarts in Kansas and their movement. It is obvious to me that the rise of the Democratic Party reflects Sun Tzu’s warning.

  2. efg says:

    sasnak: Thank you for your comments, but why are you using a tax-payer funded .edu E-mail account from a state institution for such political postings?

    I do not understand your Sun Tzu comments. I am trying to provide some balance to the left-leaning media, and cover some topics they ignore. I have no “stated foe.”

    Your singular interest in my blog is a bit of an enigma.

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