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20th District chief judge to sit with Kansas Supreme Court Sept. 11

Chief Judge Mike Keeley

TOPEKA — Chief Judge Mike Keeley of the 20th Judicial District has been appointed to sit with the Kansas Supreme Court to hear oral arguments in two cases on the court’s September 11 docket.

After hearing oral arguments, Keeley will join Supreme Court justices in their deliberations and decision drafting.

“I am pleased that Chief Judge Keeley is taking time from his duties in the 20th Judicial District to sit with the Supreme Court,” said Chief Justice Lawton Nuss. “It’s a great help to our court, and we look forward to his contributions in deliberating and eventually deciding this case.”

Keeley said, “I look forward to this opportunity to sit with the Kansas Supreme Court. It is a great honor.”

Keeley is a graduate of Larned High School, Washburn University, and the Washburn University School of Law. He was in private practice in Great Bend from 1982 to 1992, when he was elected a district court judge for the 20th Judicial District. Nuss appointed him chief judge in 2004. The 20th Judicial District is composed of Barton, Ellsworth, Rice, Russell, and Stafford counties.

Keeley has served as president of the Barton County Bar Association and president of the Kansas District Judges Association.

All Supreme Court oral arguments are webcast live through the Watch Supreme Court Live! Link in the right-hand column of the Kansas judicial branch website at www.kscourts.org.

The cases Keeley will hear are the first and third ones scheduled on the court’s 9 a.m. docket September 11:

Appeal No.119,239: Northern Natural Gas Co. v. ONEOK Field Services Co., et al. v. Nash Oil and Gas Inc. and L.D. Drilling Inc.

Pratt County: (Civil Appeal) After remand from this court in Northern Natural Gas Co., v. ONEOK Field Services LLL, 296 Kan. 906 (2013), the district court granted summary judgment against the plaintiff, Northern Natural Gas. It also held third-party defendants Nash Oil and L.D. Drilling and intervenor Val Energy owned storage gas produced from the certified boundaries of Northern’s Cunningham Storage Field after June 2, 2010, the date on which the Federal Energy Regulatory Commission expanded the certified boundaries of the field to include the area of the producer’s wells. The district court held a storage field operator that acquires certificate authority over an area where its storage gas is located is not entitled to the protections of K.S.A. 55-1210, the Storage Act, or Kansas common law unless and until the storage field operator acquires, through payment in condemnation, 100 percent of the acreage certified for gas storage. Issues on appeal are whether the district court: 1) erred in granting summary judgment against Northern because on and after June 2, 2010, Northern owned all storage gas located within the certificated boundaries of the Cunningham Storage Field; and 2) abused its discretion by failing to modify its summary judgment order to recognize acreage certificated gas storage and the lease by Northern is entitled to protection under K.S.A. 55-1210.

 

Appeal No.111,973: Oxy USA Inc. v. Red Wing Oil LLC, et al.

Haskell County: (Petition for Review) This appeal arises out of an interpleader action filed by Oxy USA seeking guidance from Haskell County District Court to determine the rightful owner of one-half mineral interest of land—the Luther Term Mineral Interest—in Haskell County. Defendant Alice King requested summary judgment by a finding the Luther interest expired due to nonproduction and that she is the rightful owner of the one-half mineral interest and all royalties held in suspense related to same. The district court held King’s interest would be valid pursuant to the rule that a determinable fee mineral interest would not be perpetuated by production from a tract not included as the subject of the conveyance even if the tract was included in the same unitization agreement as a producing tract. However, the court concluded King’s assertion of her ownership interest was barred by the statute of limitations. The Court of Appeals reversed and remanded by holding that although the district court held that the cessation of production on the land triggered reversion of the Luther interest to King, the court incorrectly interpreted the effect of reversion and improperly held King’s claim to the property was barred by the statute of limitations and/or acquiescence. The court remanded with instructions to restore the mineral rights to King. Issue on review is whether the Court of Appeals erred in reversing the district court’s decision that King “acquiesced to the Term Mineral Interest Holders” and was barred from maintaining her ownership interest by the statute of limitations in K.S.A. 60-507.

— Office of Judicial Administration

Nurses At Research and Menorah Hospitals OK Strike

Registered nurses at 15 hospitals owned by the nation’s largest for-profit hospital chain — including Research Medical Center and Menorah Medical Center — have voted to authorize a strike if contract negotiations remain at an impasse.

Research Medical Center’s 700 nurses have authorized a strike if ongoing contract issues are not resolved.
DAN MARGOLIES

The 15 hospitals in Missouri, Kansas, Florida, Texas and Nevada are owned by HCA Healthcare Inc. and employ about 7,000 RNs affiliated with the National Nurses Organizing Committee, or NNOC.

The nurses voted to authorize NNOC’s negotiators to call a strike if issues raised during ongoing contract negotiations remain unresolved, according to a statement by the nurse’s union.

Those issues include nurse turnover rates, recruitment and retention, and compliance with the hospitals’ staffing grids.

Staffing grids are meant to ensure the right ratio of nurses to patients, taking into account the acuteness of the patients’ conditions.

Between them, Kansas City, Missouri, -based Research and Overland Park, Kansas, -based Menorah have more than 1,000 registered nurses. Both hospitals are part of HCA Midwest Health, which owns eight hospitals in the Kansas City area and is part of HCA Healthcare.

In 2017, Nashville-based HCA Healthcare posted a $2.22 billion profit on revenues of $43.6 billion.

Leslie Rogers, an operating room nurse at Research for 43 years and a member of NNOC’s negotiating team, said Research does not have a problem recruiting nurses. She said it has a problem retaining them.

Rogers said 400 registered nurses have left Research since the nurses’ last contract took effect three years ago. Some of them retired, but Rogers said many left because “they were disenchanted by the staffing grid not being solid.”

“What happens is the hospital sets their own staffing grid according to acuity and when the nurses report to duty it’s not being followed,” she said.

“What we’re asking them to do is to follow their own grid that they established that we want to follow. But that’s not being done,” she said.

In a statement, HCA said that Research and Menorah “deeply value our nurses and the compassionate care they provide to our patients.”

HCA said its turnover rates “are stable and reducing” and its staffing grids meet national standards.

The company said it would “not allow union negotiating tactics to come between the admiration and trust we have for our nurses.”

“Unfortunately, it is not uncommon for tactics like this to be used when a union and an employer are in contract negotiations, as is the case with this nursing union,” HCA said. “We look forward to continuing our negotiations.  Patient care will not be disrupted.”

The vote to authorize a strike does not mean the nurses will go on strike, only that if negotiations remain at an impasse, striking is an option. The nurses have been working without a contract since June 1.

The issues at play have been festering for months.

In June, registered nurses at Research staged an informational picket and rallyurging hospital management to reduce RN turnover and to comply with its staffing grids.

At the time, the union contended nurse-to-patient ratios in December 2017 showed the inpatient oncology unit at Research was 66 percent understaffed, the intensive care unit 21 percent understaffed and the orthopedic, neurology and trauma unit 52 percent understaffed.

Rogers said the union has proposed more staggered shifts as one solution to the staffing problem. She said the hospital “actually permitted a short trial and we felt that it was successful,” but the hospital discontinued it.

Contract negotiations resume next week.

Dan Margolies is a senior reporter and editor at KCUR in conjunction with the Kansas News Service. You can reach him on Twitter @DanMargolies

LaTurner: Leading the way to financial freedom for people with disabilities

Jake LaTurner is the Kansas State Treasurer.

Only two years ago, a powerful new financial tool became available to persons living with a disability across the country. The Achieving a Better Life Experience (ABLE) savings account is a tax-advantaged savings account that qualified individuals may open. Funds saved in an ABLE account grow tax-deferred and are withdrawn tax-free if used for qualified disability expenses like education, housing, transportation, healthcare and wellness, job coaching, assistive technology and so on – offering a plethora of options for day to day expenses for an individual with a disability. Each year, you can contribute up to the gift tax limit, currently $15,000 annually, and if you’re a working-age individual with a disability, an additional (approximately) $12,000 a year, into your ABLE account. And now, thanks in large part to Kansas lawmakers and national and state disability advocates, if you’re someone living in the great state of Kansas with a disability, there is another tremendous benefit to owning an ABLE savings account – Kansas has become one of only two states to waived its discretion to force your family to pay back Medicaid with funds in an ABLE account.

Up until the passage of the ABLE Act in 2014, individuals with disabilities could only possess $2,000 in assets at any given time in order to remain eligible for several federal means-tested benefits programs. Today, with the launch of the ABLE program, individuals with disabilities can save up to $100,000 without affecting eligibility for Supplemental Security Income (SSI), or save beyond $100,000 up to a states 529 limit (Kansas’ cap on 529 accounts is $402,000) – all the while, the individual with a disability will never lose their Medicaid benefits at any point. Essentially, ABLE accounts provide a mechanism to increase this $2,000 asset limitation so that individuals with disabilities (and their families) can save money for their future, increase opportunity and improve their quality of life.

On May 17, 2018, legislation was signed in to law that restricts Kansas Medicaid’s option to “clawback” monies from an ABLE account owner when he or she passes away.

The effort in our state is a great example of the power of the disability grassroots movement and how leaders and lawmakers in Kansas are listening to their constituents. Disability advocates spoke up and spoke out – and were heard loud and clear. Advocates from around the state and across the country voiced concern about the Medicaid clawback provision through social online circles, statewide conferences and Kansas ABLE Savings forums. As a result, I as the state ABLE administrator, opened up discussion about improving the Kansas ABLE Savings Program early on. This open dialogue turned into a working partnership that led to, swift passage of the bill which ultimately became law. This collaborative effort between our office, legislative leadership, Kansas advocates and national advocacy organizations like the National Down Syndrome Society, the leading human rights organization for all individuals with Down syndrome, was imperative in addressing the concerns tied to Medicaid clawback.

With Kansas continuing to lead the way, we are teaming up to urge other state legislatures as well as the U.S. Congress to enact measures to amend the original ABLE law to push back against the Medicaid clawback.

Every year Congress takes a break in August to return home from our nation’s capital — known as the “August Recess.” Each year, the Congressional recess is meant to serve as an opportunity for all lawmakers to hear from their constituents. From town halls to coffee shop roundtables to one-on-one office meetings, this month is a time when your elected officials are back home and listening to the issues you hold dear. The federal ABLE Act was one of the most bipartisan laws of all time — in 2014, it garnered the support of 85 percent of the entire Congress — and the ABLE law is hailed as the most significant disability legislation since the Americans with Disabilities Act, which just celebrated its 28th birthday last month.

Your personal stories, your voices and your advocacy matters. With friendly ears on both sides of the political aisle, now is a perfect opportunity to respectfully reach out to your Congressional and state legislative leaders. Ask them to follow our Kansas yellow brick road and allow families to preserve their own private ABLE funds and eliminate the Medicaid payback once and for all. Together, we can ensure that Americans with disabilities, from sea to shining sea, have the ability to achieve a better life.

Partly cloudy, mild Sunday

Today
Patchy fog before 11am. Otherwise, mostly cloudy through mid morning, then gradual clearing, with a high near 78. South southeast wind around 9 mph.

Tonight
Mostly clear, with a low around 58. Southeast wind 6 to 9 mph.

Monday
Sunny, with a high near 84. South wind 7 to 14 mph.

Monday Night
Mostly clear, with a low around 62. South wind 10 to 13 mph.

Tuesday
Sunny, with a high near 86. South wind 9 to 18 mph, with gusts as high as 28 mph.

Tuesday Night
Mostly clear, with a low around 64.

Wednesday
Sunny, with a high near 85. Breezy.

Wednesday Night
Clear, with a low around 66. Breezy.

Thursday
Sunny, with a high near 86. Breezy.

Lady Indians go 1-3 in Valley Center

By JEREMY McGUIRE
Hays Post

VALLEY CENTER, Kan.-The Hays High Lady Indian Volleyball team faced four opponents on Saturday in Valley Center. The competition was pretty strong with two of the four teams ranked in Class 5A. The Lady Indians opened up with fifth ranked Bishop Carrol early Saturday and lost in straight sets (15-25, 17-25). Up next was eighth ranked Valley Center. Hays High battled hard and was in both games until late, dropping both sets 20-25.

After a short break Hays went back to the court to face off with Wichita Campus. The Lady Indians lost the first set 21-25 and took set two slim 26-24 margin. It was a back and forth third set with Campus coming out on top 25-23 to win the match two sets to on.

Hays finished up on a positive note in a straight set (25-7, 25-9) win over Wichita West. The Lady Indians finish the day with a 4-3 record overall. Their next action will be on Thursday in Garden City.

CHRISTIN NUNNERY INTERVIEW

Salina man pleads no contest in young son’s death in bathtub

SALINA, Kan. (AP) — A Kansas man whose young son was found dead in a bathtub last year has pleaded no contest in the boy’s death.

Michael Ray Hatfield

In a plea agreement filed last week, 44-year-old Michael Ray Hatfield of Salina agreed to plead no contest to one count of involuntary manslaughter and one count of aggravated endangering of a child. Sentencing is scheduled for Oct. 22.

The charges stem from the May 2017 death of Hatfield’s 10-month-old son, Waylon Hatfield.

Hatfield was originally charged with first-degree murder, aggravated child endangerment, possession of methamphetamine and possession of drug paraphernalia.

An older brother found the child face down in a bathtub filled with water and paramedics could not revive him.

Drugs and drug paraphernalia were found in the home.

Lively gubernatorial debate at Kansas State Fair

HUTCHINSON, Kan. —  Saturday debate at the Kansas State Fair between the three top candidates for Kansas governor brought a nearly-packed house of supporters. The lively crowd cheered and booed throughout.

The candidates discussed taxes. Secretary of State Kris Kobach wants to go back to former Gov. Sam Brownback’s tax plan, but he would like to cut more spending. Democratic challenger Laura Kelly believes the course the state is on now is working, but she also wants to cut sales tax on food. Independent candidate Greg Orman says Kansas has to grow the economy and create a strong tax base to cover priorities.

None of the candidates said they could produce a 7 1/2 percent ending balance at this point.

Other topics included: the tariffs on agriculture — put in place by President Donald Trump — and expanding Medicaid.

Democrat Laura Kelly says she will expand Medicaid and get rid of Kan-Care:

Secretary of State Kris Kobach fired back at Kelly with his response against any expansion:

 

Independent candidate Greg Orman is also in favor of expanding Medicaid in a reasonable way:

 

Kan. elementary teacher posts $100K bond after child sex charge

KANSAS CITY, Kan. (AP) — An elementary school teacher in Kansas City, Kansas, has been charged with sexual solicitation of a minor.

Jason Crum -photo Johnson County

42-year-old Jason Crum, of Shawnee, was charged Friday on a felony count of sexual exploitation of a child. He was released from jail after posting $100,000 bond.

The charge alleges that between January 2014 and January 2015, Crum attempted to convince a child under the age of 18 to engage in sexually explicit conduct.

Crum is listed on the Kansas City, Kansas, school district’s website as an elementary school teacher.

A district spokeswoman says officials had recently been made aware of Crum’s arrest and placed him on administrative leave.

Court records do not list an attorney for Crum.

MARSHALL: Doctor’s Note Sept. 8

Dr. Roger Marshall, R-Great Bend, is the Kansas First District congressman.

Friends,

Friday’s job report revealed that there were more than 200,000 jobs added in August, with unemployment remaining at 3.9%. The combination of lower taxes, less regulation, and an increase in access to capital have created a strong climate for American businesses, both large and small, to thrive.

In the Q3 MetLife and U.S. Chamber of Commerce Small Business Index, which was released last week, almost 70% of small businesses surveyed had a positive outlook about their companies and their potential to grow going into the next quarter. With many of the companies across the district being small businesses, these report results are encouraging and a good indicator that we’re moving things in the right direction here in Washington.

Now we must pass a Farm Bill and secure our trade deals, so that our Ag community can also enjoy this economic boom.

Conferees outline top priorities for Farm Bill 

This week the Senate and House Ag Committee leaders hosted a meeting with the full Farm Bill Conference Committee.  This public meeting gave each member time to outline the priorities of the bill that are most important to them.

Kansas agriculture is in uncertain times. Multiple years of low prices and continued drought have taken their toll. Today, Kansas farm bankruptcies are six times what they were just three years ago. That is why I have no higher priority than a five-year farm bill, done on time.

Farm country needs a multi-year bill that protects crop insurance, tightens the safety net, opens markets and makes responsible investments in our communities.

Read my full remarks HERE. Watch the full meeting by clicking HERE.

Judge Kavanaugh: The best choice for #SCOTUS

Judge Kavanaugh is an honest, tried and true Judge that has demonstrated time and time again he will uphold the Constitution. Judge Kavanaugh has a proven track record as the type of jurist that President Trump has promised to put on the Supreme Court. This week, in his testimony before the Senate Judiciary Committee, the high-ranking judge spent more than 30 hours answering questions. And while Democrats weren’t satisfied with his appearance before the Senate, his time in the hot seat just showed me how qualified, fair, and true leader he is.

I fully support Judge Kavanaugh and am grateful that President Trump selected the top qualified Judge in the country to serve on our Supreme Court, fulfilling another promise by the President.

Kavanaugh has devoted his life to public service and is a man of integrity. Unfortunately, if you watched the hearings on TV, you saw a lot of grandstanding from the left. Do not let the Democrats charades fool you, Kavanaugh is the best of the best with a proven track record.

Kearny County Hospital, Lakin

Great Work, Kearny Co. Hospital!

Last week, Kearny County Hospital received feedback from their recent inspection survey completed on behalf of the Centers for Medicare and Medicaid Services and the Kansas Department of Health and Environment. Not only did KCH pass this inspection, they received zero deficiencies – an incredible accomplishment that shows KCH is providing the highest level of care. Hospital CEO, Ben Anderson, attributes the hospital’s success to his “wonderful team.” Congratulations to Ben Anderson and the entire team at Kearny County Hospital.

Thank you, Salina veterans!

One of this congresses top priorities are to protect and help those who so honorably served to protect our country. I had the opportunity to sit down with members of the Salina VFW and Salina Chamber Military Affairs Council to discuss the needs and concerns of our Salina veteran population.

Salina veterans

We are working hard to provide the healthcare services our veterans need and deserve and will continue to advocate for improvements in the VA and veteran services.

Meeting with KS Ag Leaders

It was a pleasure speaking to the folks of the Kansas City AgriBusiness Council. We hit the ground running discussing the Farm Bill, trade, tariffs, and guest worker visas.

I represent one of the largest ag-producing districts in the country, but our agriculture industry encompasses far more than just farmers and ranchers. Hundreds of companies in Kansas support producers in one way or another and are dependent upon a strong farm economy.

Kansas City AgriBusiness Council

To ensure Ag country is taken care of we must pass the Farm Bill, secure our trade deals, and open markets.

That’s a wrap!

On Monday, we wrapped our Community Coffee Tour. In August we traveled more than 2,500 miles, visited with residents in dozens of communities and met with thousands of Kansans.

I’ve never seen a public so engaged. Since elected, I have stopped in every county across the Big First at least once if not twice, and have hosted nearly 90 town halls and roundtables.

Two years ago when I started, at almost every meeting folks brought up national security, I don’t think one person brought it up on our coffee tour. There is no doubt, our nation is more secure, and I am proud to see us no longer living in fear of threats like ISIS, which has been demolished under President Trump’s leadership.

Still, there is so much work to be done, among your top concerns were Trade/tariffs, the Farm Bill, the cost of health care, Infrastructure, and Immigration.

I’ll take your feedback to Washington and keep fighting for solutions. It was so great to hear from everyone who joined our team on our August Community Coffee Tour.

 

 

 

KU will honor former Chancellor with Ellsworth Medallion

LAWRENCE — The 2018 recipient of the Fred Ellsworth Medallion for extraordinary service to the University of Kansas is Bernadette Gray-Little, the university’s 17th chancellor, who stepped down in 2017 after eight years of leadership.

Gray-Little -photo University of Kansas

According to a media release, the KU Alumni Association will honor her Sept. 14 during the fall meeting of the Association’s national board of directors. Since 1975, the medallions have recognized KU volunteers who have continued the tradition of service established by Ellsworth, a 1922 KU graduate who was the Alumni Association’s chief executive for 39 years, retiring in 1963.

During her tenure as chancellor, Gray-Little led the record-breaking $1.6 billion Far Above fundraising campaign and led the successful proposal and implementation of new admissions standards and the launch of a new undergraduate curriculum, KU Core, both aimed to increase student retention and graduation rates. From 2012 through 2016, KU’s freshman class experienced growth for five straight years.

Gray-Little oversaw the physical transformation of KU in 50 capital improvement projects totaling $700 million in Lawrence as well as on the Edwards Campus in Overland Park and KU Medical Center campuses in Kansas City, Wichita and Salina. Most notable is the Central District in Lawrence. Other highlights include the expansion of the schools of Engineering and Medicine, including the construction of the new Health Education Building at KU Medical Center; a new home for the School of Business; new residence halls; and the restoration of Jayhawk Boulevard.

KU also made historic strides in research, achieving National Institutes of Health designations for the Alzheimer’s Disease Center, the KU Cancer Center and Frontiers, the KU Clinical and Translational Science Institute. KU is one of only 26 U.S. universities to house three NIH-designated research centers. The research enterprise also expanded with the recruitment of 12 Foundation Distinguished Professors, a key component of the Bold Aspirations strategic plan to enhance research initiatives on campus.

“We are pleased to recognize Chancellor Bernadette Gray-Little with the Fred Ellsworth Medallion,” said Heath Peterson, president of the KU Alumni Association. “One of the most visible and important parts of her legacy at KU was making a commitment early in her tenure to establishing a strategic enrollment management plan. The plan was anchored by a data-driven, highly customized approach to recruitment and supported by a new and very robust four-year renewable scholarship model. The results from this transformation over the previous eight years speak for themselves. Of course, there are many other significant milestones, but enrollment growth stands out for me because it is incredibly important to the health of the entire institution.”

Since 1975, 157 KU alumni and friends have received the Fred Ellsworth Medallion.

Kansas woman dies after crash with a semi

HARVEY COUNTY — One person died in an accident just before 7a.m. Saturday in Harvey County.

The Kansas Highway Patrol reported a 2010 GMC Acadia driven by Max Turnbull, Jr., 77, Vermillion, was westbound on U.S. 50 nine miles west of Newton.

The vehicle crossed the center line into the east bound lanes. An eastbound 2017 Freightliner semi driven by Angel Zatare, 22, Reseda, CA., in an attempt to avoid striking the GMC crossed the center line and drove into the west bound lanes.

The GMC then drove back into the westbound lane and collided with the semi.

A passenger in the GMC Darlene Turnbull, 73, Vermillion, was pronounced dead at the scene and was transported to the Sedgwick County Forensics Center. Max Turnbull was transported to the hospital in Wichita.

Zatare and a passenger were not injured. Both drivers were properly restrained at the time of the accident, according to the KHP.

Trial ordered in deaths of pair from Kansas, Colorado

COLORADO SPRINGS, Colo. (AP) — A judge has ordered two men to stand trial in the shooting deaths of a man and woman in Colorado Springs.

Nashid Rayon Rivers-photo El Paso Co. Sheriff

20-year-old Nashid Rayon Rivers and 19-year-old Marquis Dantre Hazard are charged with murder in the deaths of Serena Lee Garcia and Marcus Howard Denton.

Garcia was 21 and lived in Parker. Denton was 20 and was a native of Atchison, Kansas. Their bodies were found in a car on April 21.

Investigators testified that Rivers’ brother told police the defendants planned to steal marijuana from the victims.

In a hearing Friday, District Judge Larry Edward Schwartz noted Rivers and Hazard each blamed the other for the shootings. Schwartz said the evidence was sufficient for both to be tried.

Another hearing is scheduled for Nov. 13.

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