Kansas bill would limit subpoena power of Ethics Commission amid ongoing investigation

Rep. Paul Waggoner, a Hutchinson Republican, has introduced a bill that would limit the subpoena power of the Kansas Governmental Ethics Commission.

The legislation, introduced last week, would require the commission to verify the legitimacy of a claim and determine probable cause before issuing a subpoena. The commission would be unable to use subpoenas to determine whether probable cause exists.

Waggoner did not immediately respond to a request for comment on the bill.

The bill’s introduction comes after the commission’s executive director Mark Skoglund subpoenaed a number of Republican officials last year in relation to an investigation into possible campaign finance violations.

While Skoglund could not confirm or deny the existence of any particular investigation or subpoena, he told the Star Monday that he believes this bill is in response to the commission’s investigations into Republican lawmakers.

Skoglund said the legislation is a “direct attack” on the commission’s ability to investigate violations of campaign finance laws because it would functionally eliminate the ability to use subpoenas to investigate suspected violations.

Skoglund said the bill should make Kansans question why lawmakers want to weaken the law enforcement entity in charge of government oversight.

“There are members of the Legislature apparently determined to ensure there is no effective oversight agency over their activities,” he said. “At that point, it’s unlikely that Kansans should ever be able to trust governmental decision-making.”

Rep. Pat Proctor, a Leavenworth Republican who chairs the House Elections Committee where the bill was introduced, said he thinks there is room for checks and balances to the commission’s power. He added that he has heard “a lot of concerns” about the commission.

“They’re cop, judge, jury and executioner,” Proctor said in regard to the Kansas Governmental Ethics Commission. “There’s really nobody else in the process. It’s just the commission — kind of a one man band.”

Brandon Woodard, a Lenexa Democrat and ranking minority member of the House Elections Committee, said the bill was an example of “Topeka corruption.”

Woodard said the Kansas Governmental Ethics Commission exists not only to make sure campaigns are run fairly and ensure that campaign funds are managed correctly, but also to help lawmakers.

“I am uncomfortable with the thought of taking away investigative abilities from the body that is literally there to hold us accountable,” he said.

The legislation also comes after Republican lawmakers attempted to remove Skoglund from his position last April.