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HAWVER: Toying with the separation of powers

martin hawver line art

Remember the separation of powers business you learned in school? You know, there’s the executive branch of government, the legislative branch of government and the judiciary, separate from the other two because there’s not supposed to be politics in the courts.

Well…there’s an interesting little provision in the Legislature’s yet-to-be passed bill that would finance the judiciary in Kansas for the next two years that has the Legislature dabble in the management of the Judiciary and maybe it is constitutional, maybe not.

Here’s the deal. The Legislature, dabbling, of course, tied the last two years’ judicial budget to a shakeup in court management that most people never heard about: Judges of the state’s 31 judicial districts will elect their local chief judge instead of having the judge appointed by the Chief Justice of the Kansas Supreme Court. Oh, and that chief judge in each of the districts can opt to take over the budget of each district, deciding which judge gets a new desk, more staff, whatever…

The judiciary, of course, wasn’t intrigued by this dabbling, seeing it as just the first baby step into injecting politics into the operation of the courts. There was opposition by the court to linking those organization policy changes and the budget for the courts in the same bill, but it happened.

And, the plot grew thicker when a district court judge from out west this spring filed a lawsuit asserting that the management issues that the Legislature inserted into the previous judicial budget bill were unconstitutional. That’s the appropriations/policy bill for the fiscal year which ends June 30.

Well, the new bill that finances court operations for the two years starting July 1 has that “non-severability clause,” too. Which means the policy issues in the nearly expired budget/policy bill will carry over into the next appropriation for the judiciary.

The new budget bill renews that non-severability clause, which means if the policy decisions the Legislature imposed on the court are found to be unconstitutional—by the courts—that because the policy issues and the budget are unseverable, the policy issues are thrown away and so is the appropriation to operate the courts.

Hmmm… Sounds a little like extortion, or at least a lesser included offense, doesn’t it?

So, if the dabbling with court management is found by the courts to be unconstitutional, there’s no budget for the courts. Any chance that might influence a court decision on the management provisions that the Legislature passed? Any chance that a judge hearing this case will wonder whether he/she can make his/her car payments if there is no judicial budget that provides their salary?

That’s just the first issue of the Legislature sticking its nose into the operation of a different branch of government.

And, of course, if that western Kansas judge wins his suit and lawmakers can’t essentially manage the courts, the issue then quickly turns to whether the non-severability clause cutting off funding for the courts works. That’s the bigger issue that will have wider ramifications on the public than judges deciding who runs their district court.

Of course, there’s a chance that the non-severability clause is unconstitutional for some reason other than just not feeling right to some grown-up Kansans. So, if the judge wins and the Legislature can’t dictate who manages the courts, that’s one thing, and it leads to the second step of this dance, whether a non-severability clause in itself is an unconstitutional overstep of the Legislature’s authority.

And, the courts will decide that one, too.

Syndicated by Hawver News Co. of Topeka, Martin Hawver is publisher of Hawver’s Capitol Report. To learn more about this nonpartisan statewide political news service, visit www.hawvernews.com.

REVIEW: ‘Tomorrowland’ poorly mixes message and narrative

James Gerstner reviews movies for Hays Post.
James Gerstner reviews movies for Hays Post.

The structure of a plot is one thing, the cohesion of an idea is quite another. Plot should enclose and ensconce its ideas and give them fertile ground in which to grow. Too much or too little rigidity encasing a narrative often times ends up exposing it to too little or too much light, a common threat to ideas.

I didn’t quite know what I should expect from “Tomorrowland.” I am happy to report that movie-goers won’t be sorry for their selection, even if they leave the theatre with a dent in their hats from the movie’s well-meaning, but overbearing theme. Film’s beating audiences to death with their messages has been done in the past; but regardless of “Tomorrowland’s” lack of subtlety, it’s message is worth hearing.

I wish that “Tomorrowland’s” execution had been smoother. The plot structure is rough around the edges, to say the least. You could even say that it’s outright confusing in some places, and it’s not even a difficult structure. For example, two of the male child actors in this film are nearly identical and they arrive on screen back-to-back. If I had a lifetime to examine them side-by-side, I would probably still get them mixed up. That’s poor casting of a dangerous sort that mislead me down a rabbit hole that I wasn’t supposed to exist.

With the exception of the confusing children, the cast of “Tomorrowland” is strong, even if no one gives a particular stellar performance. Britt Robertson, of “The Longest Ride” fame, is a rising star who will hopefully get better gigs after sharing the screen with George Clooney and the wonderful Hugh Laurie, who played Dr. House on “House M.D.” For the good of the industry, Laurie definitely needs to spend his tomorrows being a mainstream character actor.

At the end of the day, I liked “Tomorrowland,” and will always love the core concept and philosophy behind its message of dreaming, hoping and working for a better tomorrow. We, all of us, need to take care of each other and our planet. As a rule, we humans like to wait for our enemies to take concrete forms before we launch ourselves into the fight. That paradigm is certainly handy in the case of bears or terrorist threats. On the other hand, it’s about time that we start working on helping our planet before the entire thing catches on fire. Waiting for this one to be concrete may well be too late for you and I. If “Tomorrowland” can jolt some additional minds into caring about the world, then I am perfectly happy to have endured the clunky movie that surrounded the message.

4 of 6 stars

KDADS Seeks to Remedy Problems at State Mental Hospital

By Bryan Thompson

The Kansas Department for Aging and Disability Services on Thursday outlined a plan to limit the number of patients admitted to the state mental hospital at Osawatomie.

The plan was unveiled at the first meeting of an advisory committee tasked with identifying the ideal mix of hospital and community-based services for Kansans with mental illnesses.

Federal regulators are requiring extensive renovations to make Osawatomie State Hospital safer for patients.

KDADS Secretary Kari Bruffett said the 206-bed facility will have to keep its census below 147 patients while the work is in progress, because patients can’t be housed in areas under construction. Bruffett formed the new Continuum of Care Committee to use what she called a “short-term crisis” at Osawatomie State Hospital as a springboard to re-evaluate the Kansas behavioral health system.

“Federal surveys found that we needed to replace ceilings in order to be in compliance with current code for psychiatric facilities,” Bruffett said. “We are certainly still keeping Osawatomie State Hospital open during that time, but we are having to reduce the capacity sort of building by building.

“So for us the urgency is, and the opportunity is, to look at, do we continue to renovate the state hospital buildings — the other buildings — after this phase of construction, or what do we want to actually have, long-term, the role of the state hospitals be in the behavioral health system overall?”

The state hospitals in Osawatomie and Larned serve Kansans with severe and persistent mental illnesses.

To keep the Osawatomie hospital census below 147 patients, people with mental health issues who may need to be hospitalized will first be screened at a community mental health center. If that process indicates inpatient care is needed but there is no room at the state hospital, Osawatomie officials and the community mental health center will try to arrange other services to meet the patient’s needs.

Those options may include admission to a private hospital, crisis stabilization services or a 24-hour structured care environment. If the selected facility refuses to accept the patient, other options will be pursued.

Bruffett said KDADS will help patients pay for appropriate care outside the state hospital system as needed.

“We do have right now in front of the Legislature a governor’s budget amendment to add $3.5 million to assist during the renovation phase at Osawatomie State Hospital,” she said. “That is for the diversionary funds needed for folks that might otherwise be in the state hospital. That governor’s budget amendment has support in both chambers of the Legislature.”

But for the committee, the long-term issue is determining how to allocate scarce financial resources in the mental health system. Topeka Police Captain Bill Cochran said the reality is that jails are the biggest mental health providers. But he said innovative training programs for officers and the general public are beginning to reduce the number of people with mental illnesses in the Shawnee County Jail.

“Community-based services is where it’s at, and that’s what’s going to make everything work,” Cochran said. “The whole idea behind community-based services is you keep people out of the state hospital. Money and funding is important. I would love to see more money put into the budget, but I also realize at some point community partners have got to say, ‘We’re going to do this because it’s the right thing to do.’ I think that’s what makes it work in Topeka and Shawnee County.”

Still, Bruffett said there’s no doubt that Kansas needs more mental health bed space.

“We don’t suggest that community options will fully replace the need for inpatient beds,” she said. “We also know there’s been, over the last decade and longer, a reduction in the number of inpatient beds in community hospitals throughout the state. That’s not unique to Kansas, by any means. That’s true throughout the country, and that creates a pressure on the system.”

That pressure worries Amy Campbell, a lobbyist for the Kansas Mental Health Coalition, a nonprofit group dedicated to improving the lives of Kansans with mental illness. Campbell said she’d be concerned if anyone in her own family had to cope with mental illness this summer, as the state attempts to deal with what she called “this bed crisis.” Even so, Campbell sees hope in the mission of the new Continuum of Care Committee.

“The really positive thing about what occurred at our meeting today, though, was that they brought up some very specific recommendations that have come forward out of former groups and task forces,” she said. “It doesn’t appear to me that they’re going to try and invent the wheel here. It appears to me that they’re trying to build on the recommendations that we already have in place, and I think that’s really encouraging.”

The committee’s target is to have recommendations to KDADS leadership by June 26.

Bryan Thompson is a reporter for Heartland Health Monitor, a news collaboration focusing on health issues and their impact in Missouri and Kansas.

Rural Opportunity Zone program working in rural Kansas

Map- Kansas Dept. of Commerce (click to Enlarge)
Map- Kansas Dept. of Commerce (click to Enlarge)

By Alyssa Scott

KU Statehouse Wire Service

TOPEKA – Located on the western border of Kansas, Greeley County is the least populated county in the state with 1,301 residents. During the past decade, the county experienced the state’s greatest population loss with a 19 percent drop. Since then, the county has been working to reverse the decline, benefitting from the Rural Opportunity Zones program which has bolstered the population, increased school enrollment and spurred home sales. Since the program’s beginning in 2011, it has brought 55 new residents to the county.

“Greeley County has spent the last 10 years working diligently to reverse population decline and to stabilize the community’s economy,” said Christy Hopkins, the county’s community development director. “As a community, we saw the program as a way to help draw trained, educated, productive individuals to Greeley County. We’re seeing population growth for the first time since the 1980s and we’re eager to see that continue.”

In 2011, a representative from the Kansas Department of Commerce introduced ROZ to the local Board of Supervisors as a way to increase the county’s population, which was 1,250 after the decade of decline. Mike Thon, a member of the board, said despite the cost of offering the program the board decided it was something the community needed to offset the decline. In the first year of the program, the county supported 14 participants for a total of $21,000.

“The biggest concern when we discussed it at our meeting was how far are we going to go with it, how deep we wanted to go and what kind of investment we wanted to make,” Thon said.

As a part of the ROZ program, individuals who move to Greeley County have the opportunity to earn student loan repayments of up to $15,000 over the course of five years. Half of the cost is covered by the state and the county is responsible for the remainder. Thon said although legislators and governors expressed concerns about the cost, the board was not concerned about the county paying $1,500 per participant each year.

“We’ve got 25 people enrolled and we are paying $1,500 a year per person, so that’s a sizeable investment, but look at the return we’ve received,” Thon said. “I know that there are counties that chose not to do the ROZ program or chose not to fund it to the degree that we and other counties have, but they haven’t experienced the positives that we’ve experienced.”

When households and family members are included, these 25 participants represent an additional 55 residents for the county. Hopkins said a goal of the program is to bring more young people to rural areas, and all but one of the 55 new residents in Greeley County are under the age of 40. These ROZ households account for 17 children, five of which are in school and 12 are pre-school age. Hopkins said school enrollment is an area that has recently grown with a 25 percent increase from 2013 to 2014.

“It doesn’t take many children enrolled in our school district to offset the cost of ROZ,” Thon said. “We’ve seen an increase in student enrollment in Greeley County and it’s not just because of the ROZ program, but we’ve seen growth where other counties haven’t and ROZ was a part of that.”

Ken Bockwinkel, superintendent of Greeley County Schools, said in addition to experiencing an increase in students, the school district has been able to hire more teachers. Since the student loan repayment is an incentive for individuals with degrees and certifications, Thon said it is an important recruiting tool for schools and hospitals.

“Working in schools, it’s hard to recruit teachers out here to western Kansas,” Bockwinkel said. “By having the ROZ program available, teachers can take advantage of that and hopefully stick around for more than just a year.”

Hopkins testified on behalf of ROZ at a House Taxation Committee meeting in March and listed business growth and additional housing construction as key areas of success for Greeley County as a result of the program. Participants have purchased seven homes and have also moved into four previously unoccupied family homes. They have also opened two new businesses: a financial planning office and an audiology clinic.

“Right now, and we haven’t had this for a long time, there is not a vacant store front on Main Street,” Thon said. “Drive through any small town in Kansas and say that. You can’t. You’re not going to find many communities like that across rural Kansas.”

With this, Greeley County has seen job growth and Thon said it ranks in the lowest three counties in the state in terms of unemployment. Despite common stereotypes, Hopkins said rural life has a lot to offer young people who have recently earned their degrees.

“Rural Kansas is a place of great opportunity,” Hopkins said. “From the entrepreneur looking to get his or her start to the job-seeker in a wide range of fields, rural Kansas has boundless potential.”

Melissa Borthwick, a physician’s assistant in Greeley County, is currently in her first year as an ROZ participant. Borthwick, who is originally from a rural town, said her goal was to move back to that lifestyle and earning student loan repayments from ROZ helped her do this.

“Personally, Greeley County has given me the opportunity to practice medicine in a way that a larger town would not allow, such as a wide range of conditions, a more independent practice and the opportunity to practice in the ER and clinic both daily,” Borthwick said.

Although Greeley County is still a small community, Thon said it is important for the government to continue giving attention and support to it.

“We may be small, but we have an impact,” Thon said. “We contribute to the overall productivity and overall well-being of the state of Kansas. Things like this that have a positive impact on us have positive impacts not just on us, but on the entire state.”

Alyssa Scott is a University of Kansas junior from Wichita majoring in journalism and French.

 

FHSU Virtual College gains expanded recognition

sara-ver-logo_2FHSU University Relations

Kansas, Fort Hays State University and the FHSU Virtual College are now part of a national higher education network, which guarantees students that the education they receive from FHSU is fully accredited in other states.

The State Authorization Reciprocity Agreement (SARA), which Kansas joined in November, is an agreement among member states, districts and territories that provides a national standard for graduate and undergraduate programs, according to NC-SARA.org.

“SARA provides our students with a peace of mind, allowing them to go forward knowing that their program is recognized across the country,” said Dennis King, director of the Virtual College.

Ranked No. 1 in best online bachelor’s in nursing programs by at least one online ratings agency, and by others as No. 1 for most affordable online graduate schools for master’s degrees in 2015, along with many other accolades, FHSU’s Virtual College is striving to make its programs even more efficient for their students.

The agreement centralizes program recognition across state lines and benefits the students, both virtual and on campus, by allowing them to receive accreditation for their programs online and in other states.

“FHSU is in a good position,” said King. “We want this to be as seamless and easy as possible for our students.”

Kansas lightning strike blamed for $1M in fire damage

Grandview Plaza fire
Grandview Plaza fire damage

GRANDVIEW PLAZA – Fire officials say damage from a Saturday night fire at the 36-unit Geary Estates apartment complex building has been placed at more than $1 million dollars. The building is considered a total loss.

There were no injuries in the blaze that has been listed by authorities as caused by a lightning strike.

Geary County officials say firefighters responded to report of a lightning strike at the apartment complex in Grandview Plaza just before 5:30 p.m..

They checked the roof of the structure for damage and located four spots where lightning had struck, but no fire or flames were located.

The interior of the building was also checked for smoke and fire. The Red Cross worked with the apartment complex staff to arrange housing for the displaced residents.

Gerry Berges, Geary County Rural Fire Chief, reported at approximately 8:30 p.m., Grandview Plaza firefighters who were still on scene smelled something burning.

Grandview Plaza fire on Saturday night
Grandview Plaza fire on Saturday night

They located a small fire on the east side of the complex in the area of the roof eaves. Fire extinguishers were used to try to put the fire out from inside the building.

Both Junction City and Fort Riley Fire Departments again responded with ladder trucks, and Geary County Rural Fire also responded with an engine to assist.

Thirty mile-per-hour plus easterly winds and low water pressure in the area hampered the firefighters.

Fire personnel were sent inside to help expose a firewall to help prevent the fire from spreading to the north into the other apartments and attic areas.
The fire was considered under control by 11 p.m.
An investigator from the State Fire Marshal’s Office arrived on scene Sunday morning.

A drone from Dickinson County Fire District 1 arrived and did aerial video and photography for investigators.

Kansas City, Kansas, police caught posing with rifles

KANSAS CITY, Kan. (AP) — The Kansas City, Kansas, police department says it’s investigating after photos surfaced of two officers posing with their rifles in front of a vandalized stop sign.

The Kansas City Star reports the photographs show lettering had been added to a stop sign to read, “Cops STOP murder’n.” The two officers posed for photos in front of the sign with their patrol rifles.

Police spokeswoman Amber Hickerson says the department learned of the photos after a neighbor saw the officers and posted pictures of them on social media. Hickerson did not know where the sign was located but said the vandalized lettering has since been cleaned off.

The officers were not identified.

The department says the officers showed poor judgment and the photos are “disappointing and inappropriate.”

New Kansas law on concealed guns concerns campuses

LAWRENCE, Kan. (AP) — Faculty and students have expressed concern about how a law allowing people to carry concealed guns into buildings on Kansas college campuses will affect the classroom.

After July 1, 2017, campus buildings in Kansas have to allow concealed carry unless the building has adequate security. But Board of Regents chairman Kenny Wilk says universities won’t be installing security at all of their 800-plus buildings.

Wilk says a possibility is installing security at selective buildings.

Michael Williams, incoming Kansas University Senate president told The Lawrence Journal-World there are concerns about the how weapons in the classroom will affect the open expression of ideas.

He says the University Senate Executive Committee also plans to form an ad hoc committee to explore options and recommendations.

Free summer meals for USD 489 students

summer food funUSD 489 Nutrition Services

Hays USD 489 will be providing free summer meals again this year for students in the community.

All students, ages 2-18, are welcome to enjoy breakfast and lunch at Washington Elementary School Tuesday, May 26, through Thursday, July 2.

The “Fuel Up for Fun” meals are free for kids. Cost for adults is $2.20 for breakfast and $3.50 for lunch.

No registration is required and there are no income requirements.

Breakfast will be served 8:30 a.m. to 9:30 a.m. and lunch will be served 11:30 a.m. to 1:15 p.m.

The summer food service program is in the Washington Elementary School cafeteria, 305 Main Street. Participants should enter by the playground doors. The cafeteria is located in the basement.

Steady rain swelling Missouri, Kansas streams, rivers

KANSAS CITY, Mo. (AP) — Heavy storms across Missouri and Kansas have been pushing streams and rivers out of their banks, and forecasters say more rain is likely this week.

The National Weather Service issued flood warnings Sunday for central Missouri, including along the Missouri River near Chamois and Gasconade east of Jefferson City, where minor flooding is expected early this week.

Several tornado warnings were issued for western and central Missouri, but there were no immediate reports of damage or injuries.

A flash flood watch was also issued Sunday for sections of Kansas, including in the southeast and the Wichita area, where another round of thunderstorms was expected on already saturated ground and could lead to minor flooding along area rivers.

Angela D. Augustine

Angela D. Augustine, 43, Hays, died Friday, May 22, 2015 at the Olathe Hospice House.

She was born June 8, 1971 in Hays, Kansas the daughter of Alfred and Ernestine M. (Lamkin) Augustine. She attended grade school in Munjor for eight years and graduated from Hays High School in 1990. She attended Fort Hays State University for two years majoring in art. She worked at Walmart in Hays for nearly 21 years. She enjoyed playing Bunko and loved traveling and taking photographs while on her trips to such locations as Paris, Las Vegas, and Canada, to name a few. She loved her job, movies, and shopping.

Survivors include her mother Ernestine Augustine, Munjor, two brothers; Doug Philip and wife Gail, Olathe and Bob Philip and wife Bonnie, Munjor, one sister; Patty Werth and husband Kenny, Hays, three half-sisters; Kathleen, Cindy and Pam, six nephews Stephen Philip, Robert Philip, Jr. and wife Sarah, Thomas J. Philip, Daniel and Charlotte Philip, Bill and Chelsea Werth, and Jeremy Werth, eight great nieces and nephews, and her beloved dog, Bailey.

She was preceded in death by her father, maternal grandparents Ernest and Hilda Lamkin, paternal grandparents Joe and Cunniqunva Augustine, and a nephew Michael Werth.

Funeral services will be at 2:00 pm on Thursday, May 28, 2015 at the Hays Memorial Chapel Funeral Home, 1906 Pine. Burial will be in the Stockton City Cemetery. Visitation will be from 5:00 until 8:00 on Wednesday and from 1:00 pm until service time Thursday, all at the funeral home.

Donations can be made in Angela’s memory to the family to help with final expenses. Condolences may be left for the family at www.haysmemorial.com.

Insight Kansas: Happiness, dysfunction can coexist

Kansas is coming apart at the seams.

The state legislature cannot figure out how to plug a $406 million budget gap, and tax proposal after tax proposal keeps getting voted down. Some school districts ended the school year early when they ran out of cash. The superintendent of the Skyline school district in Pratt County even resigned so they wouldn’t have to pay him: no money left.

Michael A. Smith
Michael A. Smith

Emporia State is famous for our Teachers College, and today’s students are telling their professors they have second thoughts about teaching here. After all, Kansas has slashed funding for education, removed their right to dispute being fired, and even considered legislation that could put teachers in jail.

The legislature is also on the verge of passing a bill to de-fund the state’s court system in the event that the state supreme court does not rule the way the legislators want, regarding the appointment of lower-court judges. This is a real bill that may pass, not a parody from The Onion or The Daily Show.

Governor Brownback and his legislative allies have quickly transformed a smoothly-functioning, generally low-key government of moderate tax rates and middle-of-the-road politicians into a political and fiscal basket case, repeatedly ignoring warnings from experts like Insight Kansas contributor and former state budget director Duane Goosen.

Our partner Paraguay may be our only hope.

The small South American country has a close relationship with Kansas: a legacy of a Kennedy Administration program called the Partnership of the Americas, which paired Latin American countries with U.S. states. Senator Dole was later a big supporter. The Partnership still exists today. Teachers, firefighters, and others travel back and forth. There is an active Kansas Paraguay Partners group, college students from Paraguay study here, and some of ours study there. Several Insight Kansas writer/professors have traveled there, too.

In 2014 and 2015, Gallup polling ranked Paraguay as the happiest country in the world. According to Gallup, Paraguay had a particularly high percentage of people answering that they “experienced enjoyment; smiled or laughed; felt well rested; and thought they were treated with respect.” Many also “said they had learned or did something interesting the day before…”

Yet Paraguay’s history features two futile wars that killed huge percentages of the country’s population. They suffered one of the longest-serving dictators of the late twentieth century: a cruel man named Stroessner who tortured his enemies and left behind a corrupt, bribery-driven political system that persists today. Smuggling is one of the country’s biggest industries, and Paraguay ranks 138th in the world for Gross Domestic Product per person. Like Kansas, Paraguay is completely landlocked and highly agricultural. The country’s budget is so mismanaged that no one knows how much their huge Itaipu Dam (shared with Brazil) cost to build. Paraguayans do not think there is anything odd about this. They are used to it.

If the Paraguay’s example serves, perhaps fiscal integrity, a competitive political system, a well-maintained infrastructure, and a solid economy are not necessary for people to be happy.

There may be hope for Kansas after all.

Michael A. Smith is an Associate Professor of Political Science at Emporia State University.

Sunday fire destroys Kansas home

photo Rice Co. Sheriff
photo Rice Co. Sheriff

CHASE— Officials are working to determine the cause of a residential fire in Rice County on Sunday morning.

Fire crews with three different departments responded to the structure fire in the small town of Chase.

Rice County officials reported the single-family residence was
fully-engulfed when they arrived.

Although the home was a complete loss, fire crews were able to quickly contain the fire from spreading to any nearby structures.

No one was home at the time the fire started. The American Red Cross disaster team is currently assisting the owner.

The cause of the fire is yet to be determined, however, fire officials say it didn’t appear to be suspicious in nature. There were no injuries.

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