Yes, working as a paid governmental affairs lobbyist for the League of Kansas Municipalities (LKM) while also serving as Mayor of Topeka would likely create a conflict of interest under Kansas ethics laws. While Kansas law permits local officials to hold other jobs, the specific nature of a lobbying role for an organization like the LKM presents a clear potential for incompatible duties and impaired judgment. [1, 2]
Potential conflicts • Divided loyalty: As mayor, your primary duty is to represent and act in the best interests of Topeka. As a lobbyist for the LKM, you would be advocating for the collective interests of cities and towns across Kansas, which may not always align with Topeka's specific priorities. This creates a potential conflict between serving your constituents and fulfilling the agenda of your employer.
• Impaired independence of judgment: Kansas ethics law prohibits a local official from having a financial interest that "would tend to impair his or her independence of judgment". A paid lobbying position with the LKM would constitute such a financial interest. Your decisions as mayor could be influenced, or be perceived as being influenced, by your employer's stance on legislation or other issues.
• Confidential information: As mayor, you would have access to confidential city information and discussions regarding policy and strategy. As a lobbyist, you would be representing another organization before state agencies and the legislature. Using confidential city information to advance your employer's interests would violate ethics rules, and the risk of doing so creates an inherent conflict.
• Abstention from action: Under Kansas law, a local official can sometimes avoid a conflict of interest on specific matters by abstaining from participation. However, the role of a lobbyist for an organization that advocates on broad legislative issues affecting all municipalities is so encompassing that abstention would be nearly impossible. You could not fully perform your job as mayor if you constantly had to abstain from matters related to municipal interests. [1, 3, 4, 5]
What Kansas law requires • Disclosure of substantial interests: Kansas law requires local officials in policymaking positions to file a Statement of Substantial Interests. A paid position with the LKM would need to be disclosed.
• Advisory jurisdiction: While the Kansas Governmental Ethics Commission handles state-level conflicts, its jurisdiction over local-level conflicts is only advisory. Enforcement for local ethics violations, including fines and potential removal from office, is typically handled by the county or district attorney. [2, 6, 7, 8]
Conclusion: The dual role of Mayor of Topeka and paid lobbyist for the League of Kansas Municipalities presents a clear and substantial conflict of interest under Kansas ethics standards. While a position on a volunteer board may be acceptable, a paid lobbying position would likely create incompatible duties and lead to impaired judgment, putting you at risk of violating state law and undermining public trust. [1, 2]
AI responses may include mistakes.
[1] https://www.codepublishing.com/KS/Nickerson/html/Nickerson01/Nickerson0102.html[2] https://sos.ks.gov/elections/election-standards/Kansas-Election-Standards-Chapter-VII-Public-Officers.pdf[3] https://www.ksrevisor.gov/statutes/chapters/ch75/075_043_0004.html[4] https://ethics.kansas.gov/wp-content/uploads/2025/03/75-4304.pdf[5] https://lawyerlewis.com/practice-areas/[6] https://kpdc.kansas.gov/local-level-conflict-of-interest/[7] https://kpdc.kansas.gov/state-level-conflict-of-interest/[8] https://kpdc.kansas.gov/local-level-conflict-of-interest/
Henry McClure
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