Judge denies Basehor mayor's request to put recall election on hold

Archive for Thursday, January 26, 2012

Lengthy appeal process could await

Basehor Mayor Terry Hill speaks to the Basehor Chamber of Commerce during his 2012 State of the City address Thursday at Community National Bank in Basehor.

By Matt Erickson

January 26, 2012

The Basehor recall election Feb. 28 will be the first Leavenworth County election to be subject to the voter ID law passed by the Kansas Legislature in 2011.

Beginning with this election, each voter will need to show a photo ID before voting at a polling place. Each voter requesting a ballot by mail must write down his or her driver's license number on the form or send a copy of a photo ID. Voters 65 or older may use expired documents.

For more information about the voter ID requirements, visit the Kansas Secretary of State's website at sos.ks.gov, or call (800) 262-VOTE.

Previous Sentinel coverage of the efforts to recall Basehor City Council members Dennis Mertz and Iris Dysart and Basehor Mayor Terry Hill:

Oct. 31: Residents launch effort to recall Mertz, Dysart over Loughry firing

Nov. 2: Mertz, Dysart deny recall group's accusations

Nov. 14: New recall petition targets mayor

Nov. 22: Mayor responds in letter to residents

Dec. 7: Recall email raises concerns

Dec. 20: Election set for Feb. 28

Jan. 12: Judge rules for mayor's recall election to continue

Leavenworth — A judge Thursday denied Basehor Mayor Terry Hill's request to put his recall election on hold until an appeal is heard.

The mayor, though, said he would continue to fight the recall in front of a higher court. That means the issue could be mired in court for quite some time — perhaps even past April 2013, when Hill's four-year term as mayor will end.

That was one reason Leavenworth County District Court Judge David King denied Hill's request, the judge said during a hearing Thursday. Delaying Hill's recall election until his appeal is settled, the judge said, might effectively be the same as canceling it altogether, as the appeal process could be lengthy.

Hill, though, said after Thursday's hearing that he would continue to seek a delay from the Kansas Court of Appeals, where the case is headed next.

Earlier this month, the judge ruled for Hill's recall election to proceed, but Hill is appealing the ruling. The mayor contends that his recall petition did not cite sufficient grounds for his removal from office.

With less than two weeks remaining before advance balloting begins for the Feb. 28 Basehor recall election, Leavenworth County will proceed with Hill on the ballot along with Basehor City Council members Dennis Mertz and Iris Dysart, county clerk Janet Klasinski said after Hill's hearing Thursday.

Advance ballots for the election will contain Hill's name, Klasinski said. If a higher court halts Hill's election before Feb. 28, she said, votes for or against Hill simply won't be counted.

After the hearing Thursday, Hill said some people had advised him to put the issue of his recall in the hands of Basehor voters and let the election proceed. But he had decided to keep fighting, he said, because he feared some residents might vote for his recall based on an accusation that he had misused public funds while making purchases with a city credit card, which he said is untrue.

“That's what caught their attention, and that's what has legs, is, 'The mayor charged a whole bunch of stuff he wasn't supposed to charge,' ” Hill said.

The judge earlier this month said the recall petition did not show that the mayor's credit card purchases amounted to misuse of public funds, and he ruled that the allegation could not be posted at recall election polling sites.

If the county were forced to conduct a separate recall election for Hill rather than adding him to the Feb. 28 ballot, it would increase costs by about $2,600, Leavenworth County Counselor David Van Parys said in a court document earlier this month. The city of Basehor will foot the bill for the recall elections.

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LightTheDarkCorners 1 year, 3 months ago

The judge didn't rule that the mayor's credit card purchases did not amount to misuse of public funds. He said, "If the petition intended to make the claim that Terry Hill used city funds to purchase a coffee pot and a scanner, had them delivered to his home, and converted them to his personal use, or some use not otherwise authorized by the city, it could easily have said so." Not the right words doesn't change the facts.

onlythetruth 1 year, 3 months ago

There you go not telling the truth again.

LightTheDarkCorners 1 year, 3 months ago

I guess you think Judge King is not telling the truth - the statement is quoted directly from his ruling.

onlythetruth 1 year, 3 months ago

Also I am told that the letter that Dennis and Iris made about Mayor Hill that included a list of charges that they are claiming are all Mayor Hill's aren't actually the mayors. Almost all of those charges are not even the mayors. There you go guys go again not telling the truth.

Could some tell me why this group would make up so many lies to get rid of the mayor? What's the hidden agenda?

Cause I do believe that the city is facing a 500,000 dollar lawsuit? Because of the actions of Mertz, Dysart, and Box? True of False?

If council member Mertz looked so closely at the administrators contract, why didn't he read the termination clause.

politico_guardian 1 year, 3 months ago

I do believe the Judge ruled that the Mayor / Administrator altered the contract if I am correct? Was this addressed at today's hearing?

21-5920. Tampering with a public record. (a) Tampering with a public record is knowingly and without lawful authority altering, destroying, defacing, removing or concealing any public record. (b) Tampering with a public record is a class A nonperson misdemeanor.

http://www.kscoplaw.com/crimcode/2668code/art59.htm#21-5920

merickson 1 year, 3 months ago

politico_guardian, I can answer that. The judge did not rule that the mayor and administrator altered the contract, because the judge's ruling did not concern whether or not any of the alleged actions on the recall petition actually occurred. The judge is not looking into that at all.

The judge did rule earlier this month that the allegation regarding Mark Loughry's contract, as given on the recall petition, was sufficient to prompt a recall election. At today's hearing, the judge added that he was mistaken when he said in his earlier ruling that there was no such state statute as 21-5920, so he reinserted a citation of that statute into the grounds for recall to be posted at polling sites. That's the "tampering with a public record" statute you referred to.

Matt Erickson Sentinel staff writer

politico_guardian 1 year, 3 months ago

Mr, can you tell me why this would go before election and not before jail¿ I dont understand this criminal sistem¿

merickson 1 year, 3 months ago

Well, this recall is not part of the criminal system. The recall election was prompted because a group of Basehor residents circulated a petition, which listed reasons they believed the mayor should be recalled. The county attorney approved those reasons as valid. There is no criminal investigation involved.

Matt Erickson Sentinel staff writer

politico_guardian 1 year, 3 months ago

If I did those I would be facing time. Is there a criminal investgaton going¿

merickson 1 year, 3 months ago

I can't report an answer on that. Law enforcement agencies don't tend to talk about ongoing investigations before they've made an arrest.

In a public statement in November, Dennis Mertz said he'd been told back in August that there was a criminal investigation into possible policy violations by city staff. There's more about that here: http://www.basehorinfo.com/news/2011/...

Matt Erickson Sentinel staff writer

johninbasehor 1 year, 3 months ago

Since you don't understand the system by your own submission, then why do you keep commenting on things that are over your level of intelligence? All you seem to keep doing is spreading lies and propaganda to defend a position that is non-defendable. When a person in good status, volunteers to leave a perfectly good job and move his family to a new city and job, thinking logically, you don't take less money and less insurance. Many of us think that is a given. Personally, I still think this comes back to Mr Reevy in the language in the contract and the fact he had a beef with Mr. Loughry. One thing for sure, whom would want the job of Mayor with this bunch of vultures circling your head every time you try to do the right thing by people!

onlythetruth 1 year, 3 months ago

Came across this link today. Has anyone else seen this email people are talking about. Came across it looking for more information about the recalls

http://www.dysartmertz.net/komaproof/

basehordream 1 year, 3 months ago

This comment was removed by the site staff for violation of the usage agreement.

onlythetruth 1 year, 3 months ago

Thanks Dennis. Haven't you learned that posting comments online can get people sued.

onlythetruth 1 year, 3 months ago

Do us all a favor and turn your computer off. We don't have anymore money to spend. 500,000 what is that 25,000 a post.

basehordream 1 year, 3 months ago

Mrs. Hill you only wish this was Dennis so you could blame everything on him. i am clearly on Iris and Dennis side as i believe they did right. you are out to destroy anyone who wants to stop corruption.

Keep Iris and Dennis www.dysartmertz.com>

babetwo 1 year, 3 months ago

Basehordream: Onlythetruth is not Mrs. Hill, but she does only speak the truth, something you should try.

KSman57 1 year, 3 months ago

This comment was removed by the site staff for violation of the usage agreement.

becky 1 year, 3 months ago

I am still waiting for the letter that the mayor said he planned to mail to all the registed voters that was in December of 2011. Basehor people are still waiting to the respond to recall allegations. Oct. 26, 2011 Is it OK to tell Basehor you make more , so you can get more of a salary raise. To misreprent your salary by previous employer. The former city attorney Patrick Reavey found out about the salary hike . Loughlry"s opposition to Reavrys legal opinions on the separate agreement between the city and former city Clerk Mary Mogle and annextion in Cedar Falls and Loughlrys contract to provide family health insurance. It is strange that mayor Hill wanted city attorney Patrick Reavey gone from office, HE FIRED HIM. hired another one that cost the city $4,000.00 a month . Patrick Reavey cost the city less than half the cost of what this new one is costing us. The council doesn,t appoint the city attorney, the mayor does YOUR MAYOR HILL He has never said WHY he fired Patrick Reavey . Come on mayor Hill tell us. the people of Basehor wants to know. you the people of Basehor have to decide, read all the articles in the papers, all the information that you can find and you decide , you want a mayor that makes decisions without the council members knowing . That is why we have council members they make the decisions , not the mayor

authenticjersey 1 year, 3 months ago

This comment was removed by the site staff for violation of the usage agreement.

LightTheDarkCorners 1 year, 3 months ago

Mayor desparately trying to avoid facing the judgment of the people - filed another appeal January 31st. See for yourself: http://judicial.kscourts.org:7780/pls/ar/clerks_office.request_case enter the case number 107452 Dysart and Mertz have no fear of facing the people because they are in the right.

babetwo 1 year, 3 months ago

Jim, Jim, Jim, There you go again! Violating KOMA is in the right????

LightTheDarkCorners 1 year, 3 months ago

Chris, Chris, Chris, state the specific date, time, location, participants, the discussion and how that violates KOMA along with some hard copy documentation, otherwise you and your committee are just making things up. Documents showing actual facts are such pesky things, aren't they?

babetwo 1 year, 3 months ago

Yes, actual facts are certainly pesky things........................such as the actual facts stated in a $500,000 lawsuit brought onto the city by you and your buddies! You should try telling the truth. How about telling the folks the real reason for your Personal agenda.

LightTheDarkCorners 1 year, 3 months ago

Chris, State the specific date, time, location, participants, the discussion, and how that violates KOMA along with some hard copy documentation, otherwise you and your committee are just making things up. Answer the question asked or don't post.

LightTheDarkCorners 1 year, 3 months ago

Loughry's claim is just part of your election strategy. Anybody who reads that poorly prepared piece of crap realizes it ain't goin' nowhere.

LightTheDarkCorners 1 year, 3 months ago

My only personal agenda is responsible ethical efficient government.

ProudOfOurCity 1 year, 3 months ago

This comment was removed by the site staff for violation of the usage agreement.

basehordream 1 year, 3 months ago

Feb 9th. Mayor's stay was denied in the appellate courts. This is his third court decision. All three were NO Mr. Hill, you will face the voters on Feb 28th because there is enough evidence against you.

OldtimeBasehor 1 year, 3 months ago

This comment was removed by the site staff for violation of the usage agreement.

politico_guardian 1 year, 3 months ago

This comment was removed by the site staff for violation of the usage agreement.

onlythetruth 1 year, 3 months ago

I have looked at the statements and it appears to me that the bulk of the charges that you speak of are from vendors (Accounts Payable) that provide services to the community of Basehor.

For example Deffenbaugh Industries ($18,000-$20,000) – Trash Service Net standard ($2900) – IT Services for City

Please stop trying to manipulate the Basehor Community with all of this misleading information. I am sure that your next post will say that the $20,000 to Deffenbaugh Industries was also charged by Mayor Hill. Must have a lot of boxes to through away from all the stuff you claim he receives from Amazon.

The letter that the Recall committee against Mayor Hill mailed out to residents that alleged spending by Mayor Hill, provided false information over 90% of the alleged $10776 was determined to not to have been charged by Mayor Hill, though an open records request with the City of Basehor. To find the truth visit.

http://mayorhill.basehor-recall.com

The Best one of them all is that the recall committee alleged that Mayor Hill spent $3990 on Ingram’s Magazine. However, if we look at the 11/7/2011 visa statement you provide on the recall site for mayor hill we can see on page 6 that the City of Basehor's actual expense was $695 (not made by Mayor Hill). The remaining $3295 was paid for by Valley View Bank ($1000), USD #458($1245), Citizen’s Bank($250), Chamber of Commerce($500), and First State Bank ($300). The recall committee against Mayor Hill has provided proof on their own website that the information that they have mailed out to residents is false.

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