A recent Meadowlark article, “Free Speech” May Cost Kansas Citizen $7500, gave details from a civil fine hearing held by the Kansas Governmental Ethics Commission in January, which was decided at their February meeting.
Kris Van Meteren brought a complaint to the Ethics Commission several months ago, and then talked to the press about his signed complaint. Van Meteren then found himself the subject of an ethics complaint for breaking confidentiality about his own complaint, and was later fined $7500.
This article shows the actual complaint filed against Van Meteren by the Ethics Commission, as well as the Commission’s Findings of Fact and Conclusions of Law (see below).
After the secret Executive Session held to discuss this case, which is part of Kansas Law, Commissioner Gerald Goodell made a motion to fine Van Meteren $2500 for violation of the first count, and $5000 for violation of the second count. Van Meteren is facing a fine of $7500 for what he considers was “free speech” on his part.
Van Meteren’s attorney issued a statement after the Ethics hearing (see below), but Van Meteren was prohibited from making any additional comments about this case. This gag order will prevent any additional comments by Van Meteren as he considers legal appeals in state and/or federal courts.
Van Meteren brought an ethics complaint against State Senator Dwayne Umbarger several months ago. Somehow after Van Meteren’s complaint was filed, Sen. Umbarger amended his campaign reports with no obvious explanation for the timing of his amended returns other than Mr. Van Meteren’s complaint. The Commission’s Conclusions of Law found Van Meteren intentionally violated Kansas confidentiality statutes about an ethics complaint he had filed.
The ethics issues that Van Meteren complained about cannot be known by the public since there is no transparency on the actions of the Ethics Commission in that case, and that is allowed by Kansas Law.
The legal conflict in this case is between Kansas law and confidentiality of an ethics complaint, and the U.S. Constitution’s 1st amendment right to free speech. Oddly in this case, the one making the complaint, is the one being fined. This has a a chilling effect on free speech, and one’s right to bring a grievance against the government.
Kansas Governmental Ethics Commission
Complaint 424: William D. Beightel v. Kristian D. Van Meteren
Complaint 424 Van Meteren
Findings of Fact and Conclusions of Law
Van Meteren’s Response: Ethics Commission Violates the Constitutional Rights of Kansas Citizen
Van Meteren Response to Ethics Fine
Related:
- “Free Speech” May Cost Kansas Citizen $7500, Kansas Meadowlark, Feb 18, 2009.
- First Amendment Defense Thorny Issue for Ethics Commission, Kansas Meadowlark, Jan 21, 2009.
- 1st Amendment Constitutional Right may become issue in Kansas Ethics Commission Hearing in January. Silence the accuser?, Kansas Meadowlark, Dec 17, 2008.
- Did Senator Umbarger violate ethics rules buying a carport with campaign money? Umbarger clairvoyant?, Kansas Meadowlark, Aug 7, 2008.
Tags: 1st Amendment, Civil Fine, Dwayne Umbarger, Ethics, ethics violation, Kris Van Meteren
