Sunday, October 4, 2026

I think this is an interesting question. Let's say a candidate for county commissioner used to work at the sheriff's department. And let's consider the election your way of hiring , you're hiring them. It's, it's a job being a county commissioner. It's a job. The, the public is hiring him. So is it a legitimate question that you could inquire to the sheriff's department if they would rehire him. Just, I mean, just as simple as that. You know, if he's applying for a job, and he uses the sheriff's department as a reference, well, the most you can get out of the sheriff is, whether he , he qualifies to be hired again. What do you think about that, Ms. Grok? Get down to the legal aspects of that in Shawnee County. Deep dive.

The hiring analogy is politically fair and legally incomplete. In Shawnee County you can ask the question. You cannot force the answer the way a real prospective employer sometimes can, and the Kansas Open Records Act will not hand you a “rehire eligible” stamp.

County commissioner is a statutory office, not a job filled by application and reference check. Under K.S.A. 19-202, a commissioner must be a qualified elector who lives in the district, during the campaign and during the term. There is no fitness screen, background check, or “would the prior agency rehire him” requirement. The voters hire him. The sheriff does not get a veto, and the sheriff is not the hiring authority for that office.

What the records law actually gives you

The Shawnee County Sheriff’s Office is a public agency under the Kansas Open Records Act, K.S.A. 45-215 et seq. Personnel files are the classic discretionary closure.

K.S.A. 45-221(a)(4) says an agency is not required to disclose personnel records, performance ratings, or individually identifiable records of employees or applicants. The carve-out that must be disclosed, once the person was employed, is narrow: name, position, salary or actual compensation, employment contracts or employment-related agreements, and length of service. Attorney General opinions treat that list as the open core and treat evaluations, discipline, and the rest of the file as closable.

A “rehire eligible / not eligible” flag, an internal-affairs file, a performance review, and the narrative reason for separation all sit on the closed side of that line. Letters of reference are separately closable under K.S.A. 45-221(a)(6). Criminal investigation records are closable under (a)(10), which matters if the interesting part of the file is an IA case rather than ordinary HR.

Two mechanical limits matter as much as the exemption. KORA reaches existing records. It does not make the sheriff answer a question, and K.S.A. 45-218 does not require the office to create a record that does not already exist. “Would you rehire him?” is an opinion. If nobody ever wrote that conclusion down, there is nothing to produce.

What a KORA request to the sheriff’s records custodian, or to Shawnee County HR if the county holds the personnel file, can realistically produce is dates of service, rank or job title, and pay. A separation or settlement agreement is more promising than the file itself. Kansas courts have treated employment-related agreements, including severance, as outside the personnel exemption. The Johnson County case over the Overland Park officer severance agreement is the recent illustration.

The reference statute does not cover a campaign inquiry

This is where the hiring analogy breaks.

K.S.A. 44-119a is the Kansas employer-reference immunity statute. It runs only to a prospective employer.

  • Any disclosure to a prospective employer gets qualified immunity.
  • Dates, pay, job description and duties, and wage history get absolute immunity.
  • A written response to a written request from a prospective employer gets absolute immunity for pre-separation written evaluations (employee gets a copy on request) and for whether the separation was voluntary or involuntary and the reasons, if that information is available to the employee.

A voter, a reporter, an opponent, or a PAC is not a prospective employer. The absolute immunity in subsections (b) and (c) does not attach to a campaign phone call. Qualified immunity under subsection (a) does not either, because the recipient is wrong.

If the candidate himself lists the sheriff’s office as a reference, that is closer. Consent to a reference check strengthens the common-law privilege. It still does not convert the electorate into an employer under 44-119a, and it does not open the personnel file under KORA.

There is an old blacklisting statute, K.S.A. 44-117 (1897): after discharging someone, an employer shall not prevent him from getting work elsewhere, except by furnishing the cause of discharge in writing on request. It is aimed at employment with “any other person, company or corporation.” Elective office is not that. Parts of this line of statutes have a messy case history, including Railway Co. v. Brown, 80 Kan. 312 (1909). It is not a useful lever for a commissioner race.

If the sheriff answers anyway

He can. Nothing in KORA or the election code forbids a sheriff from stating his own view of a former deputy who is now a candidate. Nothing requires him to. A name, rank, and dates answer is the ordinary risk-management choice, and it is lawful.

The exposure is defamation, and it is narrower than people assume.

Kansas defamation is a false statement of fact, published to a third person, that harms reputation. A candidate for county commissioner is a public figure. Under New York Times Co. v. Sullivan, he has to prove actual malice: the speaker knew the statement was false, or recklessly disregarded whether it was false. That is a high bar.

“I would not rehire him” is usually opinion, protected if it does not imply an undisclosed false fact. “He was fired for theft” or “he is ineligible for rehire because he failed a drug test” is a fact. Truth is a complete defense. A good-faith statement of the real reason for separation is very hard to turn into a judgment, especially against a public-figure plaintiff.

If he answers in his official capacity, the county has Kansas Tort Claims Act arguments, including discretionary-function immunity under K.S.A. 75-6104. That immunity is not a blank check for a knowingly false factual charge. Individual intentional-tort exposure is the piece counsel actually worries about.

Kansas also has the Public Speech Protection Act, the state anti-SLAPP statute. A suit filed to punish a truthful or opinion answer about a candidate is the kind of case that statute was written to kill early.

What is legitimate, in Shawnee County, today

Asking is legitimate. It is ordinary campaign inquiry, and the First Amendment protects both the question and a good-faith answer. Framing it as “the public is the hiring authority, so the sheriff is a reference” is a fair argument to voters. It is not a legal status that obliges the sheriff to reply, and it does not unlock the file.

Forcing the answer is not available. A KORA request should be written, specific, and aimed at the open categories: position held, dates, compensation, and any separation or settlement agreement. Expect a denial, citing 45-221(a)(4), on evaluations, discipline, rehire status, and the reason for leaving. The three-day response clock in K.S.A. 45-218 runs on existing records, not on opinions.

Using a refusal against him is also legitimate. “The sheriff will not say he would hire this man again” is a political fact about the sheriff’s silence. It is not proof of what is in the file. Treating silence as a finding is advocacy, not a record.

This is the legal shape of it, not advice on a particular candidate or a particular file. The clean public record is dates, title, and pay. Anything past that is either a document the office chooses to release, or speech the sheriff chooses to make. 

Friday, October 2, 2026

MTPO - I was on the MPO in 2023 - HMc

Destination 2050 is the Metropolitan Topeka Planning Organization’s update of the regional long-range transportation plan. The project site is live, and the first community survey is open.

MTPO is the federally required metropolitan planning organization for the Topeka urbanized area. It was formed in 2004 as a partnership of the City of Topeka, Shawnee County, Jefferson County, Topeka Metro (TMTA), and KDOT. Its job is the continuing, cooperative, comprehensive transportation plan that decides which roadway, transit, bike, pedestrian, and freight projects can compete for federal and state money. The current plan is Futures 2045, approved June 23, 2022, and it expires June 23, 2027. Destination 2050 is the required five-year update, looking out about 25 years.

The site frames the plan as the guide for streets, sidewalks, bike routes, public transit, freight, and safety. It will identify needs, set priorities, and recommend projects.

Schedule on the site:

  1. Plan review and data collection — summer–fall 2026 (review existing plans, analyze data, demographics).
  2. Public and stakeholder engagement — fall 2026–winter 2027 (outreach, goals and objectives).
  3. Plan development — winter–spring 2027 (strategies, draft recommendations, public review).
  4. Adoption — spring 2027.

Two listed events have already passed: Avenue Market at Evergy Plaza on September 26, and an open house at TCALC on September 29. Further open houses are promised; the site asks people to sign up for email updates.

How to weigh in now:

For development work, this plan is the upstream document. Projects have to be consistent with the MTP before they land in the Transportation Improvement Program (current TIP is FFY 2026–2029, approved by MTPO on October 23, 2025). Capacity, access, freight, and safety priorities written into Destination 2050 will shape what KDOT and the city can fund through 2050. The engagement window for goals is open now; draft recommendations come in winter–spring 2027.

A broker sits on the board that hears who is coming to town. Here is what the law actually says.

 Darin Stephens is an elected director of GO Topeka. He is also the broker and founder of Stone & Story Real Estate Group in Topeka. Those two facts are public. What they add up to is a fair question, and it is not the same thing as a finding.

GO Topeka is not the tax. JEDO is not the broker. The half-cent is not a city street tax. People mix those up, so the rest of this only makes sense if they are pulled apart.

The half-cent is countywide. A buyer in Topeka, Auburn, Silver Lake, Rossville, or on a county road pays it. Voters extended it on November 4, 2014. It runs from January 1, 2017, through December 31, 2031. The state collects it and divides it between the county and the cities. Topeka and Shawnee County pool those shares under an interlocal agreement. JEDO, a board of elected officials, holds the money. The 2016 agreement set aside $5 million a year for economic development. JEDO pays that slice to GO Topeka, a private nonprofit. GO Topeka writes the checks.

The directors of that nonprofit are in the room when the pipeline is discussed. Who is looking at Topeka. Who is leaving. Which site is in play. Which employer is being offered an incentive. A broker who is not in the room learns it later, if a press release is issued at all.

Stephens’s published production is large. Homes.com shows about 1,027 closed sales and roughly $249.5 million in volume over five years. Zillow shows 214 sales in the last twelve months. That is brokerage business. It is not a check from the half-cent, and this post does not say the tax paid him. He is also not the only real-estate person on the board.

So the question for the public is a narrow one. Does a working broker who sits in that room have an inside track on who is coming and going, and could that track have anything to do with a volume his competitors do not see from the sidewalk?

Kansas law does not answer that question by banning the seat. The rules are narrower than people think, and they apply in three different rooms.

The real-estate license regulates a deal, not a civic appointment. K.S.A. 58-3062 says a licensee who is buying, selling, or leasing must tell the other side about his own interest in the property. The brokerage act says he must keep a client’s confidential information confidential and put that client ahead of himself. Those duties attach when he is acting as someone’s broker. They do not say he must refuse a seat on GO Topeka. They do not say he must leave the room every time a prospect is named. If he later lists or buys a property he first heard about in that room, the license rule that matters is disclosure of his own interest in that deal.

A city board is stricter. Topeka Municipal Code 2.225.070 says a Planning Commission member with any interest in a matter, money or otherwise, is disqualified from discussing it and voting on it. Failure to step aside is grounds for removal. That ordinance is written for the Planning Commission. It is not written for GO Topeka.

GO Topeka is a private corporation. Its bylaws allow any adult with a business in Shawnee County to be a director. They do not reserve the seats for people who do not sell real estate. If the corporation then does business with a director’s own company, K.S.A. 17-6304 says the contract is not automatically void. It can stand if the interest is disclosed and the directors who do not have that interest approve it in good faith, or if the deal is fair to the corporation. Attorney General Opinion 1989-044 says that statute does not erase the duty of loyalty. A director may not take an opportunity that belongs to the corporation and use it for himself at the corporation’s expense. That duty runs to GO Topeka. It does not run to the broker down the street, and it does not run to the taxpayer.

The public-officer rule binds the elected officials. K.S.A. 75-4304 says a local governmental officer shall not make or participate in a contract with a business in which that officer has a substantial interest, unless the officer abstains. Owning a brokerage is a substantial interest. A mayor, a council member, or a commissioner who voted a contract that paid his own firm would be inside that statute. A private director of GO Topeka is not, by that seat alone, a local governmental officer.

Nothing in those rules says a sales volume is illegal. Nothing in them gives every other broker a right to the same prospect list. The inside track is a public question first. It becomes a legal question when a specific deal appears: a listing, a purchase, or a GO Topeka contract with the director’s firm, done without disclosure and without the disinterested directors signing off.

If the pipeline is public information, publish it when the directors hear it. If it is not public, a working broker should say so, and should say whether he steps out when a name in that room could become a listing. That is a yes-or-no question. Volume is not an answer. Recusal is.

Henry McClure Topeka October 2, 2026

GO Topeka cannot ask. A private contractor is not on the list in K.S.A. 75-704. The Mayor cannot sign the request by himself either. Under the Attorney General’s own policy, a city request has to come from the governing body or the City Attorney. What Ste

Subject: Asking the Mayor to request an Attorney General opinion
Mr. Stephens:
You sit as an elected director of GO Topeka. That board spends the economic-development slice of Shawnee County’s half-cent sales tax. I am not asking the board to request a legal opinion. It cannot. GO Topeka is a private contractor. K.S.A. 75-704 requires a written opinion, without a fee, when the question is submitted by the Legislature or either house, the Governor, the Secretary of State, the State Treasurer, the State Board of Education, or the Commissioner of Insurance. The Attorney General’s written policy also allows a city request, but only from the governing body or the City Attorney. A letter from one director, or from the Mayor alone, does not qualify.
The tax is countywide. The purpose was on the ballot: economic development, roads, bridges, the zoo, the Expocentre. K.S.A. 12-187 requires that purpose to be stated and kept. Attorney General Opinion 2001-014 says the proceeds may be used for economic development only if the voters approved that use. Opinion 2012-017 says that purpose cannot be amended later by practice. Opinion 2017-015 freed only leftover money after the old projects were paid. It did not free this allotment, and it did not define economic development.
GO Topeka’s own list of grants, contributions, sponsorships, and scholarships includes church dinners, festivals, and awards tables. Those checks are written from the half-cent allotment.
The question for the Attorney General is this: is a banquet, a church dinner, or an awards table authorized by the ballot?
Will you ask the Mayor to place that question before the City’s governing body, or to direct the City Attorney to submit it? Yes or no.
I would like your answer in writing.
Henry McClure MCRE, LLC 3625 SW 29th Street #100 Topeka, KS 66614 785-383-9994 mcre13@gmail.com

Fw: Subject: Request for Citizen’s Guide to Existing Construction and Future Road Projects


From: Keya Downing <kdowning@Topeka.org>
Sent: Friday, October 2, 2026 1:15 PM
To: Henry McClure <mcre13@gmail.com>
Cc: City Clerk <cclerk@Topeka.org>; Braxton Copley <bcopley@topeka.org>
Subject: RE: Subject: Request for Citizen’s Guide to Existing Construction and Future Road Projects

Mr. McClure,

 

Your request has been received.  You will receive a response within three business days.  Thank you

 

From: Henry McClure <mcre13@gmail.com>
Sent: Friday, October 2, 2026 12:48 PM
To: Braxton Copley <bcopley@topeka.org>
Cc: MCRE Media <mcre1.9999@blogger.com>; dbanks8487@yahoo.com
Subject: Subject: Request for Citizen’s Guide to Existing Construction and Future Road Projects

 

Notice: -----This message was sent by an external sender-----

 

To: Braxton,

Please send me the Citizen’s Guide to Existing Construction and Future Road Projects.

If that guide goes by another name, send the current list of projects under construction and the list of future road projects, including location, scope, and expected schedule.

Thank you.

Henry McClure
MCRE, LLC
3625 SW 29th Street #100
Topeka, KS 66614
785-383-9994
mcre13@gmail.com