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FHSU Foundation awarded Field estate

By James Bell
Hays Post

“It did not happen.”

That is the wording used to describe the writing of a codicil that would have shifted the bulk of the estate of Earl O. Field – estimated around $20 million –  from the Fort Hays State University Foundation to longtime caretaker Wanda Oborny in a court ruling released Wednesday afternoon.

The Foundation argued the codicil was fake, and Field had continued with his desire for the estate to be given to the Foundation until his death Feb. 19, 2013.

Oborny argued Field had changed his mind writing a codicil to his will that gave Oborny 50 percent of the estate with another 25 percent willed to his longtime attorney Joe Jeter and the remainder to be given to the Foundation.

After hearing testimony in March and reviewing legal documents submitted by both sides in the case, Senior Judge William F. Lyle wholly sided with the Foundation.

“The Court must agree with the experts who concluded that not only did Earl not sign these letters/codicils, but that were not typed by him,” the ruling said.

Further, Lyle found differences in structure, punctuation, date placement, along with other inconsistencies lead the court to believe Field did not prepare, nor sign, the documents.

The court also cited timing issues with the development of the codicil, and the signatures of the witnesses, Steve and Kathy Little.

“The Court has struggled with the dates of the alleged codicils,” the ruling said. “The Court has concluded that the will/codicil signed by the Littles had to be dated prior to the unwitnessed will/codicil that was found earlier presented to and rejected by both Joe Jeter and Don Hoffman due to no witness or notarization of Earl’s signature.”

The court further questioned why a codicil formed on Jan. 22, 2013, would not have been mentioned in a letter the next day.

“The Court concludes that it was not mentioned by Earl in that letter because it did not happen,” the ruling said, noting both Earl and his wife, Nonie, had made changes to their wills several times during their lives and would have mentioned the change so that it would be known by the involved parties.

After finding the later codicil was invalid, the court concluded the only valid will in the case is the Aug. 12, 2010, will that gave the majority of the estate to the Foundation.

 

 

 

Candidates file for office in Ellis County

HAYS – Two Ellis County Commissioners up for re-election in the fall will face primary opponents in August.

The deadline for party candidates to file for the August 2nd primary election was 12 p.m. Wednesday. Independent candidates have until noon on August 1st to file for the November general election.

Incumbent second district commissioner Barb Wasinger has filed for re-election as a Republican and will face fellow Republican Al Ackerman in the August Primary.

District three commissioner Dean Haselhorst has also filed for re-election as a Republican and faces Republican challenger Ronald Adams in August.

There are only two other contested races in the August primary in Ellis County.

The general election is November 8.

Below is a list of all the party candidates that have filed for election in Ellis County, according to the County Clerk’s office.

COUNTY OFFICE PERSON FILING PARTY AFFILIATION
Attorney Thomas J Drees Democrat
Clerk Donna J Maskus Democrat
Treasurer Ann Pfeifer Democrat
Lisa Schlegel Republican
Register of Deeds Rebecca A Herzog Democrat
Sheriff Ed Harbin Democrat
County Comm 2 Al Ackerman Republican
Barbara K Wasinger Republican
County Comm 3 Dean F Haselhorst Republican
Ronald Adams Republican
Big Creek Twp Treasurer Michael A Slattery Republican
Big Creek Twp Trustee Shane J Scheve Democrat
Freedom Twp Treasurer Florian Dome Democrat
Ward 2 Precinct 1 Committeewoman Shala Mills Democrat
Ward 2 Precinct 1 Committeeman Darrell Hamlin Democrat
Ward 2 Precinct 2 Committeewoman Patricia JoAnn Jennings Democrat
Ward 2 Precinct 2 Committeeman Henry Schwaller Democrat
Ward 2 Precinct 3 Committeewoman Samantha Kochanowski Democrat
Ward 2 Precinct 3 Committeeman Louis Caplan Democrat
Ward 2 Precinct 4 Committeewoman Trina M Powell Democrat
Ward 2 Precinct 4 Committeeman Ed Harbin Democrat
Ward 3 Precinct 1 Committeewoman Cheryl A Duffy Democrat
Ward 3 Precinct 2 Committeewoman Dorothy M (Dottie) Staab Democrat
Ward 3 Precinct 2 Committeeman Glenn D Staab Democrat
Ward 3 Precinct 4 Committeewoman Ann Pfeifer Democrat
Joni Phelps Democrat
Ward 3 Precinct 4 Committeeman Eber Phelps Democrat
Lyn R Lee Democrat
Ward 3 Precincnt 4 Committeewoman Becky Pyle Republican
Ward 3 Precincnt 4 Committeeman John W Pyle Republican
Ward 4 Precinct 1 Committeeman Asher C White Democrat
Ellis Ward 2 Precinct Committeewoman Jolene M Niernberger Democrat
Ellis Ward 3 Precinct Committeeman Philip H Martin Democrat
E Big Creek Precinct Committeewoman Elaine Adams Republican
E Big Creek Precinct Committeeman Ronald Adams Republican
N Big Creek Precinct Committeewoman Gipsy G Bird Democrat
N Big Creek Precinct Committeeman John Michael Bird Democrat
Herzog Twp Treasurer Jerry Schmidtberger Democrat

 

Report: Kansas tax collections fall far short in May

Kansas Department of RevenueTOPEKA, Kan. (AP) —Kansas is reporting that its tax collections last month were $74.5 million less than anticipated.

The Department of Revenue reported Wednesday that the state collected $469.5 million in taxes in May, when the official projection was $544 million. The shortfall was 13.7 percent.

The state has failed to hit its revenue projections 10 of the past 12 months. And state officials and university economy issued a new, more pessimistic revenue forecast in April.

The state missed its projections for individual and corporate income tax collections in May by wide margins.

The department blamed slumps in agriculture, energy production and aircraft manufacturing.

Kan. Senate condemns federal LGBT directive; legislature adjourns

CapitolTOPEKA, Kan. (AP) — The Latest on the Kansas Legislature (all times local):

 

3:05 p.m.

The Kansas Legislature has formally adjourned its annual session.

Lawmakers convened Wednesday for an adjournment ceremony, but they also overrode Republican Gov. Sam Brownback’s veto of a tax bill, and the Senate approved a resolution condemning a recent federal directive to public schools on accommodating transgender students.

The House adjourned at 1:45 p.m.

The Senate gaveled out of session at 2:35 p.m.

It was lawmakers’ 74th day, making it the shortest annual session since 1974.

Legislators did not consider any proposed responses to a recent state Supreme Court decision rejecting education funding changes made earlier this year. That could lead to a special session later this month.

.

2:45 p.m.

The Kansas Senate has condemned a recent federal directive requiring public schools to allow transgender students to use restrooms and other facilities associated with their gender identities instead of their birth genders.

The vote Wednesday was 30-8, with all of the no votes coming from the chamber’s Democrats.

The chamber’s effort to criticize the directive was spearheaded by Senate President Susan Wagle. The Wichita Republican said the directive is an overreach by the federal government and the resolution is in response to the desire of parents to protect their children.

Republican Sen. Steve Fitzgerald, of Leavenworth, called transgenderism “insanity,” saying many transgender individuals are denying reality.

Democrats argued that the resolution was a distraction when lawmakers should be boosting state aid to poor school districts in response to a state Supreme Court ruling. They also said it was discriminatory.

1:50 p.m.

The Republican-dominated Kansas Legislature has voted overwhelmingly to override GOP Gov. Sam Brownback’s veto of a bill enmeshed in a multi-million dollar tax dispute involving a retired pizza magnate.

The votes Wednesday were 39-1 in the Senate and 120-0 in the House.

Brownback rejected the bill over a provision dealing with how tax disputes are handled. The override was an unusual rebuke for the GOP governor.

The provision would have ensured that any taxpayer losing a dispute before the Board of Tax Appeals could have another full trial in district court before a limited review by the state Court of Appeals.

The debate comes as ex-pizza magnate Gene Bicknell is asking the state Supreme Court to order the state to refund $42.5 million in income taxes.

___

1:30 p.m.

Kansas legislators are bracing for bad news about the state’s tax collections in May.

Lawmakers in both parties said Wednesday that they expect tax collections last month to have fallen at least $60 million short of expectations. The monthly report was due late Wednesday afternoon from the state Department of Revenue.

Tax collections have fallen short of expectations 10 of the past 12 months.

Senate President Susan Wagle told fellow Republican senators that tax collections last month were “awfully short” of expectations.

Republican Gov. Sam Brownback last month cut higher education spending and spending on Medicaid health coverage for the needy, disabled and elderly to help keep the state’s budget balanced through June 2017.

12:55 p.m.

Transgender activists and religious figures have met at the Kansas Statehouse in opposition to a Senate resolution rebuking the Obama administration’s directive that public schools allow transgender students to use the restrooms that match their gender identity.

Equality Kansas, the state’s leading LGBT group, held a rally to oppose the nonbinding resolution, which the Senate was to vote on today. Activist Sandra Meade calls the resolution a ploy to distract from the urgent need to act on school funding. The Kansas Senate is set to vote on the bathroom resolution Wednesday, the final day of the legislative session.

Lawmakers abandoned an effort Wednesday to pass school funding legislation to respond to the state Supreme Court’s Friday ruling that the existing funding system is unconstitutional.

___

12:45 p.m.

The Republican-dominated Kansas Senate has voted overwhelmingly to override GOP Gov. Sam Brownback’s veto of a tax bill enmeshed in a multi-million dollar tax dispute involving a retired pizza magnate.

The vote Wednesday was 39-1, far more than the two-thirds majority of 27 necessary to override a veto. The House was expected to vote later Wednesday.

Brownback rejected the bill over a provision dealing with how tax disputes are handled.

The provision would have ensured that any taxpayer losing a dispute before the Board of Tax Appeals could have another full trial in district court before a limited review by the state Court of Appeals.

The debate comes as ex-pizza magnate Gene Bicknell is asking the state Supreme Court to order the state to refund $42.5 million in income taxes.

___

12:35 p.m.

Republican leaders in the Kansas Senate have abandoned an effort to pass legislation to respond to the state Supreme Court’s latest decision on education funding.

Senate President Susan Wagle and Majority Leader Terry Bruce said there would be no debate Wednesday after it became clear during a meeting of GOP senators that they were deeply split.

The Legislature convened Wednesday for the ceremony formally adjourning its annual session.

Republican Gov. Sam Brownback would have to call a special session for lawmakers to approve additional education funding changes. But some GOP senators want to defy the court.

The court on Friday rejected some education funding changes made earlier this year and warned that public schools will be unable to reopen again if legislators don’t act by June 30.

___

10:15 a.m.

Kansas Attorney General Derek Schmidt says Kansas will be joining litigation against the federal government for a directive that public schools allow transgender students to use the restrooms that match their gender identity, not their sex at birth.

Schmidt’s announcement Wednesday came ahead of a Senate debate on a nonbinding resolution that condemns the recent directive from President Barack Obama’s administration.

Texas and 10 other states already have filed suit against the federal government over the directive.

Schmidt said in a statement that Gov. Sam Brownback also favors joining the list of plaintiffs against the federal government. Schmidt said he is now considering whether Kansas will join the same lawsuit with the 11 other states or if it will pursue its own.

___

9:25 a.m.

The Kansas Legislature’s top Republicans are meeting with GOP Gov. Sam Brownback to discuss a quick response to the state Supreme Court’s most recent school finance ruling.

Brownback met Wednesday with the leaders just before the Legislature convened for a single day set aside for a ceremony formally adjourning their annual session. The governor’s staff declined to let an Associated Press reporter into the meeting.

Aides to Republican leaders said ahead of the meeting that they did not know whether legislators would consider a bill Wednesday to boost aid to poor school districts.

The Supreme Court on Friday rejected some education funding changes made earlier this year by GOP lawmakers.

The court said the state’s school finance system remained unfair to poor school districts and warned that public schools will be unable to reopen again if legislators don’t make further fixes by June 30.

___

8:30 a.m.

Kansas legislators are waiting to learn whether the state tax collections in May met expectations.

The monthly report due Wednesday afternoon from the state Department of Revenue could complicate the state’s budget picture.

State officials and university economists issued the latest, more pessimistic fiscal forecast in April, and tax collections that month were $2.6 million more than anticipated and the surplus was about 0.5 percent.

But even with the good news for April, the tax collections have fallen short of expectations 10 of the past 12 months.

Republican Gov. Sam Brownback last month cut higher education spending and spending on Medicaid health coverage for the needy, disabled and elderly to help keep the state’s budget balance through June 2017.

___

1:30 a.m.

The Kansas Senate is considering a resolution condemning a recent Obama administration decree that public schools allow transgender students to use restrooms that match their gender identity, not their sex at birth.

Opponents say the measure is a distraction on the last day of the annual session.

The nonbinding resolution comes less than a week after the state Supreme Court ruled that legislators failed to equitably fund public schools. Justices threatened to keep public schools from opening in August if legislators don’t pass a measure by June 30 that adequately funds poor school districts.

Equality Kansas, the state’s leading LGBT group, is planning a rally on Wednesday to oppose the resolution. Tom Witt, executive director of Equality Kansas, says legislators should focus on the school funding formula instead.

___

1:20 a.m.

Kansas lawmakers are preparing to consider overriding Gov. Sam Brownback’s veto of a bill enmeshed in a multi-million dollar tax dispute involving a retired pizza magnate.

The Republican-dominated Legislature expected to take up the issue Wednesday before formally adjourning their annual session.

The GOP governor rejected the bill over a provision dealing with how tax disputes are handled.

The provision would have ensured that any taxpayer losing a dispute before the Board of Tax Appeals could have another full trial in district court before a limited review by the state Court of Appeals.

Legislators are considering the issue as ex-pizza magnate Gene Bicknell is asking the state Supreme Court to order the state to refund $42.5 million in income taxes.

Overriding the veto would require two-thirds majorities in both chambers.

 

NW Kan. athletes named to All-State baseball teams

Hays High senior Connor Rule has been named to the 2016 4A-D1 Kansas Baseball Coaches Association’s All-State Team.

Rule, a Kansas State signee, was a second-team selection at designated hitter.

He finished the year hitting .446 with six doubles, 11 RBIs, 17 runs scored and 16 walks. Rule finished with a career .400 average and is the 14th players in Hays High history to finish with a career .400 average or above.

The Ellis Railroaders had three players named to the 2-1A All-State team.

Juniors Easton Smith and Brayden Bittel were first-team selections, and Dalton Hensley was an honorable mention selection.

Smith, a first-team selection at pitcher, finished the season 7-2 with a 0.71 ERA. He struck out 80 in just 49 innings pitched and allowed just five earned runs on the season.

Bittel was a first-team selection at second base. He finished the year hitting .433 with 27 RBIs and 28 runs scored.

Outfielder Dalton Hensley was an honorable mention selection. Hensley hit .492 on the season with 44 runs and 22 RBIs.

Russell/Victoria’s Brady Dinkel was a second-team selection at second base in 4A-D2.

Dinkel finished with a .442 average and drove in 30 runs and scored 27 times.

Man enters plea in fatal beating in Arrowhead Stadium parking lot

Bradley- photo Jackson Co.
Bradley- photo Jackson Co.

KANSAS CITY, Mo. (AP) — A Missouri man was sentenced to five years of probation for the beating death of a man in the parking lot of Arrowhead Stadium in Kansas City.

Joshua Bradley of Independence was sentenced Wednesday after pleading guilty to involuntary manslaughter in the 2013 attack on 30-year-old Kyle Van Winkle of Smithville.

Van Winkle was attacked after he was found asleep or passed out in a vehicle that wasn’t his during a Kansas City Chiefs game. Prosecutors say the Jeep he was in was parked near a similar vehicle that Van Winkle had taken to the game.

The Kansas City Star reports the plea came as Bradley’s trial was scheduled to start. A seven-year prison sentence was suspended before Bradley was placed on probation.

Ellis Co. Knights of Columbus will honor first responders

Screen Shot 2016-05-24 at 10.59.24 AMEllis County Knights of Columbus Councils will join together to help honor the area first responders.

The First Responders Appreciation Barbeque is scheduled for 11 a.m. to 3 p.m. Saturday, June 4, at the Frontier Park East shelterhouse in Hays.

All active and retired responders and their families are invited. Hamburgers, hot dogs, brats and other refreshments are on the menu.

In case of inclement weather, the event will be moved to the Ellis County Fairgrounds.

Kan. Senate leaders won’t respond to court ruling on school funding UPDATE

School funding small

 

TOPEKA, Kan. (AP) —Top Republican legislators are accusing the Kansas Supreme Court of issuing its latest education funding ruling to help justices survive attempts to oust them in the November election.

Senate Majority Leader Terry Bruce said Wednesday that he believes the court is trying to shift voters’ attention away from unpopular past decisions that struck down death sentences in capital murder cases.

House Speaker Ray Merrick also said the school funding decision was political.

The court did not respond to a request for comment.

The court on Friday rejected some education funding changes approved by legislators earlier this year and warned that schools won’t reopen if lawmakers don’t make additional fixes to help poor school districts by June 30.

Five of the court’s seven justices face yes-or-no retention votes in November.

————

TOPEKA, Kan. (AP) —Republican leaders in the Kansas Senate have abandoned an effort to pass legislation to respond to the state Supreme Court’s latest decision on education funding.

Senate President Susan Wagle and Majority Leader Terry Bruce said there would be no debate Wednesday after it became clear during a meeting of GOP senators that they were deeply split.

The Legislature convened Wednesday for the ceremony formally adjourning its annual session.

Republican Gov. Sam Brownback would have to call a special session for lawmakers to approve additional education funding changes. But some GOP senators want to defy the court.

The court on Friday rejected some education funding changes made earlier this year and warned that public schools will be unable to reopen again if legislators don’t act by June 30.

Sheriff: 9-year old Kansas boy dies in crash

fatalMCPHERSON COUNTY – A Kansas boy died in an accident just after 8a.m. on Wednesday in McPherson County.

A 2002 Saturn passenger vehicle driven by Nancy Mueller 34, Newton, was eastbound on Arrowhead Road at the intersection of Old Highway 81 just west of Moundridge, according to Captain Doug Anderson with the McPherson County Sheriff’s Department.

The vehicle did not stop and was hit by a northbound 2014 Chevy Cruze driven by James Potts, 40, Moundridge.

A passenger in the Saturn Maddox Crabtree, 9, Newton, died, according the Sheriff’s Department.

Mueller and Potts were transported to the hospital in Newton. The accident remains under investigation.

Inspector: Kansas home, contents a total loss after fire

Tuesday evening fire at a home in Salina photo Terry Tebrugge
Tuesday evening fire at a home in Salina (Photo courtesy Terry Tebrugge)

SALINA – The North Central Kansas Chapter of the American Red Cross is assisting the victims after a fire on Tuesday night at a home in Salina.

The family living in the residence at 1837 Simmons had been away for the Memorial Day weekend and had returned early Tuesday evening with several boxes containing items from a garage sale, according to Fire Inspector Troy Long.

One of those boxes was partially placed on a stovetop and the family left the home a short time later.

Just after 10 p.m., they returned and found visible smoke and flames coming from inside the home.

Long said that when the box was set on the stove, a burner was accidentally turned on. That box ignited, causing the house to catch fire.

The fire made its way out the back window and melted a power mast, causing a power line to short out and a breaker to blow, which cut electricity to several other nearby homes.

There were no injuries reported. Two cats died in the fire. Five others survived.

The home and its contents are said to be a total loss. Long said the home was a rental and the occupants did not have renters insurance.

Herman files to run for 40th Senate District

Alex Herman
Alex Herman

Submitted

TOPEKA – Alex Herman, Hays, filed today with the Kansas Secretary of State’s Office for the Senate’s 40th District, which includes Cheyenne, Decatur, Ellis, Gove, Graham, Logan, Norton, Rawlins, Sheridan, Sherman, Thomas, Trego, and Wallace counties along with portions of Phillips County.

“The voices of northwest Kansans are not being heard in Topeka,” Herman said. “It is time for a change in the Legislature to move away from the Brownback allies who simply rubber stamp a reckless agenda rather than do what the people want.”

Herman is a fifth-generation Kansan and a lifelong resident of Ellis County. He said he is most concerned with the direction the state is going under the leadership of the governor and his Legislative allies, especially in rural areas.

“Kansans deserves better, they deserve to have a voice,” Herman said. “I am committed to defending the needs of rural Kansans, and working to move our state forward in a manner to sustain a vibrant rural way of life.”

Herman, who will run as a Democrat, according to the Kansas Secretary of State’s office, is an attorney in Hays. He and his wife, Abby, have two children.

Outside agency 2017 funding requests from city start Thursday

hays logoBy BECKY KISER
Hays Post

Seven non-profit groups will make requests Thursday to Hays city commissioners for city funding in 2017.

Scheduled for 10-minute presentations during the June 2 city work session are Ellis Co. Coalition for Economic Development, Fort Hays State University, Wild West Festival, CARE Council–Social Services/Special Alcohol Tax, Downtown Hays Development Corporation, Ellis Co. Historical Society, and Hays Arts Council.

In his memo City Manager Toby Dougherty reminded commissioners no immediate action will be taken on the budget requests from outside agencies.

After the commission is presented the 2017 budget by city staff, there will be discussion regarding how much to allocate to each specific outside agency.

Funding requests for 2017 to be presented by the agencies are as follows:

Ellis County Coalition for Economic Development–$87,550
FHSU-$125,000
WWF-$9,500
CARE Council-$164,000
DHDC-$53,655
ECHS-$23,000
HAC-$12,000

For details on the funding requests, click here.

Former Tiger expected to be named new Cloud County CC baseball coach

Courtesy NCKToday.com

FHSU-GillilandEric Gilliland is expected to become Cloud County Community College’s next head baseball coach, replacing Greg Brummett who resigned following 13 seasons with the program. Final action to approve Gilliland should come at a special meeting of the Cloud County Community College Board of Trustees on Thursday, June 2nd.

Gilliland previously served as the assistant baseball coach at Garden City Community College. During his four seasons with the Broncbusters, Gilliland was a part of one Jayhawk West Conference championship team (2012) and two Jayhawk Conference runner-ups (2013, 2014). While at GCCC, Gilliland helped 14 players move on to the Division 1 level.

Prior to Garden City, Gilliland served as an assistant baseball coach and sports information intern at his alma mater, Fort Hays State University. He interned in sports information under current SID, Ryan Prickett and assisted the sports information department in volleyball, men’s and women’s basketball, football, and baseball at FHSU.

Gilliland joined Cloud County Community College last year as the school’s Sports Information Director.

From 2005-2007, Gilliland attended Cloud County Community College. He earned Academic All-American honors in baseball while at Cloud. He was also a member of Phi Theta Kappa, and the Sports Editor of the school newspaper.

The Concordia, Kansas native was a two-time All-MIAA selection as a pitcher at Fort Hays State in 2008 and 2009, and is currently ranked in the top 10 all-time at Fort Hays State in strikeouts and innings pitched. Gilliland was also a top performer in the classroom as a CoSIDA/ESPN The Magazine Academic All-District First Team selection, and Fort Hays State’s male Ken B. Jones Award nominee in 2009.

Following his collegiate playing career, Gilliland played professionally for three years in independent baseball. Most recently, he pitched for the Wichita Wingnuts of Wichita, Kansas in 2011. He played with the Gateway Grizzlies of Sauget, Illinois in 2010, and the Midwest Sliders of Ypsilanti, Michigan in 2009.

Gilliland earned his bachelor’s degree in Health and Human Performance from Fort Hays State University in 2009. He obtained his Master’s degree in Sports Administration in 2011 from Fort Hays State.

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