Information Regarding Longton Election on November 7th, 2023

[CCarl]

Longton will be electing three council members to Office in about four weeks. Here is a link to the State Attorney Generals' (AG) opinions on what is termed 'Incompatibility of Offices';  https://www.ksrevisor.org/statutes/chapters/ch15/015_002_0004.html

Below is the brief text at that link.

Attorney General's Opinions:
A) Eligibility to office in cities of the third class; conflict of interest. 81-88.
B) Simultaneous holding of elective and appointive offices in cities of third class. 81-107.
C) Appointment of city officers in cities of third class. 81-155.
D) Incompatibility of offices; city councilman of city of third class serving as police commissioner. 81-178.
E) County commissioners; incompatibility of offices; commissioner may not serve as city police officer or reserve deputy sheriff. 82-8.
F) Incompatibility of officers doctrine; city councilman serving as fire chief in city of third class. 82-106.
G) Open public meetings; membership of a body; mayor-council form of government does not include mayor to constitute a quorum. 86-110.
H) Filling vacancy in office of mayor of city of third class; powers and duties. 90-85.
I) President of city council for city of the third class holds position at pleasure of council, may be removed from position without due process hearing. 2000-5.
J) Discussions concerning candidate for municipal court judge should take place openly and not in executive session. 2002-28.
K) City governing body that rejects mayoral appointment must make determination the candidate is unfit or unqualified; basis for determination not required. 2008-23.

We can read the full AG opinion by searching each of those opinions. Here is the link to Opinion #B; https://ksag.washburnlaw.edu/opinions/1981/1981-107.pdf
And here is one to AG opinion #E; https://ksag.washburnlaw.edu/opinions/1982/1982-008.pdf
For the readers' reference, Longton has been designated a City of the Third Class by the State government.

From reading through the AG opinions, it seems a general legal concern is that a public official should not work for a governing body that makes laws, AND simultaneously work for another governing body that enforces laws. That creates a conflict of interest that could hold either or both governing bodies liable. And that could put taxpayers in harm's way. That is my opinion from reading the AGs' opinions. My opinion is not a legal opinion. What is the reader's opinion?

I bring this up because on election day, November 7th, residents of Longton will have the opportunity to vote for a Deputy Sheriff that is running for a position on the City Council. Longton relies on the County Sheriff's Office (SO) for all its police activities. If the Deputy were elected to City Council he would be serving in two capacities, one of making laws, and one of enforcing laws, in the same jurisdiction. That sounds to me like a comparable incompatibility of office as #E, above.

I will be asking the State AG's office to rule on this before the November 7th election. I would rather have the voters know ahead of time, and be able to vote for a person who would not have an incompatibility of office, if elected. If the Deputy continues to run for a Council seat, and wins, I believe the AG should rule that he resign from one position or the other to eliminate the incompatibility.

Longton is also putting the taxpayers at risk with incompatibility of offices in other ways. City Council appoints members of Council to be Officers of the City. It is normal and usual for the City to have a Council member appointed as the Enforcement Officer. That action allows a person making laws to also enforce laws. It appears that is contradictory to AG opinions B, D, E, and F, above. I am also going to ask the state AG to clarify Longton's standard appointments of Council members as Officers.

Additionally, the current Fire Chief has also ben on the ballot for a position on City Council. If he is running for a Council seat again, and if he wins, he would clearly be in an incompatibility of offices situation as stated in AG opinion #F, above. Accepting a seat on City Council should require him to resign as Fire Chief.

Why am I doing this? I don't know all the ways an incompatibility of office may lead to a lawsuit, but when/if one does, it could cost the property owners/taxpayers dearly. I am trying to keep property owners out of harm's way. It seems the Longton government, knowingly or otherwise, is willing to have the town's property owners potentially be in harm's way through any number of incompatibilities of offices. That needs to end! Since every public office holder in every jurisdiction in the State has sworn an oath to serve the residents and taxpayers, our well being should be the primary concern of every office holder, including those in our City's government.