TOPEKA —Gov. Jeff Colyer MD has issued a state of disaster emergency declaration for five Kansas counties affected by flooding over the weekend. Named in the declaration are Jewell, Kingman, Marshall, Pratt, and Riley Counties. 

Damages in these counties included washed out roads, bridges, culverts and flooding to some businesses and residential properties. 

“Here in Kansas we make it a priority to take care of our neighbors,” said Colyer. “Those impacted by the recent flooding have our full support and we will continue to do whatever is needed to help during this time of emergency.”

The state declaration may be amended to include any additional counties that declare due to flooding as damage assessments are conducted. The declaration authorizes the use of state resources and personnel to assist with response and recovery operations in affected counties that meet certain criteria.

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RILEY COUNTY —According to officials Anneberg Park and all soft-surface trails will remain closed until surfaces dry, debris is removed, and repairs can be made. No ballfields at any of the parks will be open for practice or play because of the soggy turf. Anneberg is currently without power or restroom facilities.

Bridges will continue to be periodically inspected to ensure safety.

Crews are working to remove debris from the storm sewer. Street sweepers are clearing mud and debris. Please be courteous of these vehicles as they work to clear the roadway.

At this time the City of Manhattan will not be conducting a mass pick up of debris or household items. The City will pick up debris for flood affected areas only. The Riley County Transfer station is currently open for people to dispose of items.

The storm generated 6-9″ of rainfall. Floods in 2009 and 2011 resulted in 3-5″ of rainfall. Water levels for this storm went beyond map projections for a 100 year flood.

28 people stayed in the emergency shelters last night.. Poliska Lane is the only area that still has standing water, according to the Riley County Police Department. It will be closed until next week when repairs can be made after conditions have dried.

People who want to help, should contact the Red Cross in Manhattan.

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TOPEKA—Fiscal year tax collections exceeded previous year’s totals by $79.49 million according to data from the latest revenue report released Tuesday from the Kansas Department of Revenue.

Fiscal year 2019 collections so far total $993.36 million.

August tax collections were up $33.99 million, or 7.38 percent over last year.

Individual income tax collections totaled $220.78 million which is $25.09 million or 12.82 percent above the same time last year. August sales tax collections exceeded last August’s collections by $537,427.

TOPEKA, Kan. (AP) — Former moderate Republican Gov. Bill Graves has endorsed Democrat Laura Kelly in the Kansas governor’s race.

Kelly’s campaign announced the endorsement Monday and posted a YouTube video of Graves praising Kelly, a veteran state senator from Topeka.

 

Graves says in the video that Kelly will bring Republicans and Democrats together to solve problems.

The former GOP governor’s endorsement came after the union representing firefighters in Kansas endorsed Republican Secretary of State Kris Kobach last week. It previously has endorsed Democrats.

Kelly and independent candidate Greg Orman are wooing moderate Republicans alienated by Kobach’s conservative politics and advocacy of tough immigration policies.

Graves served two terms as governor from 1995 until 2003. He won re-election in 1998 with a record 73 percent of the vote but clashed frequently with GOP conservatives.

By DAN MARGOLIES

Kansas Attorney General Derek Schmidt has defended the state’s decision to weigh in on a case that could limit transgender rights.

Asked by reporters about Kansas’ decision to join 15 other states in urging the U.S. Supreme Court to rule that it’s legal to fire people for being transgender, Schmidt noted that the 10th U.S. Circuit Court of Appeals, which includes Kansas, has taken that position.

“Almost certainly at some point, some plaintiff or group of plaintiffs is going to file a lawsuit to test the continued validity of the 2007 decision that binds Kansas today,” Schmidt said. “Or we can say, ‘Let’s do our part to try to get this in front of the Supreme Court as quickly as possible.’ That adds certainty, it reduces litigation risk and cost.”

Schmidt was referring to the 10th Circuit’s decision that federal laws prohibiting sex discrimination do not protect transgender people.

That decision runs contrary to the majority of courts that have addressed the issue. And although Schmidt said the ruling was binding on Kansas, the state is free to adopt a broader interpretation of the law if it wishes, a legal expert said.

“They can always extend broader protections at the state than what the law requires,” said Kim Jones, an employment lawyer at Seyferth Blumenthal & Harris in Kansas City. “So even if the 10th Circuit took that position, as an employer, as an enforcement agency, they (Kansas) could take the position that, no, we are going to treat people better  than the law would require.”

Schmidt made his remarks after Kansas joined a friend-of-the-court brief asking the Supreme Court to overturn another federal appeals court’s decision that it was illegal for a Michigan funeral home to fire an employee who was transitioning from male to female.

The employee, Aimee Stephens, had told the funeral home’s owner that she was a transgender woman and planned to dress as a woman. The owner, a devout Baptist who believed that God created males and females in the traditional biological sense, said that was unacceptable and terminated her.

The Equal Employment Opportunity Commission sued on Stephens’ behalf but the case was dismissed. On appeal, the Sixth U.S. Circuit Court of Appeals reversed, finding that gender identity discrimination is a form of sex discrimination prohibited under Title VII.

Kansas and the other states argue in their brief that the Sixth Circuit decision “erases all common, ordinary understandings of the term ‘sex’ in Title VII and expands it to include ‘gender identity’ and ‘transgender’ status.”

“In doing so,” says the brief, “the lower court rewrites Title VII in a way never intended or implemented by Congress” when it passed Title VII as part of the Civil Rights Act of 1964.

Jones said that while the 10th Circuit found that Title VII’s protection against sex discrimination does not extend to transgender individuals, many lawyers have managed to get around that by arguing that their transgender clients were discriminated against because they did not conform to gender stereotypes.

“And that is a form of sex discrimination that has been recognized by virtually all of the circuits, including the 10th. So nothing about that (2007) opinion would have necessitated Schmidt to do what he did,” Jones said.

“And, in fact, even in enforcing the laws for which his office is responsible, he could take the position that this is about sex stereotyping and that a transgender person should be protected because this is a form of sex discrimination.”

Schmidt told reporters that even if the Supreme Court finds that the firing of Stephens was illegal, “that still saves the state money because we don’t have, potentially, years of litigation sorting it out in the appeals courts.”

“Obviously, I’m going to advocate on the side of both federal and state as it’s applied in Kansas,” Schmidt said. “I’m not going to arbitrarily choose a different position, but I think as the state’s lawyer, the interest I’m trying to protect is in minimizing the state’s litigation risk, getting an answer, moving on with the least amount of hassle.”

“At the end of the day,” he added, “I’ve got to do my job.”

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

WICHITA, Kan. (AP) — State welfare officials say police should have considered taking 2-month-old twins into protective custody before one of them died at a west Wichita motel.

In the Wichita area, when police put children into protective custody, it often means taking them initially to a facility that offers emergency, temporary care. From there, they can go to a foster home or relative while the child protection system determines an eventual placement.

Instead, police put the infants with a relative on Aug. 28 after finding that their parents 34-year-old Kyle Lloyd Kempton and 39-year-old Christy Rollings were intoxicated at the motel where the family stayed.

The next afternoon, the relative returned the babies to the parents. One of the twins was found dead at the motel Thursday morning. Police arrested Kempton and Rollings.

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WASHINGTON (AP) — Quarreling and confusion marked the start of the Senate’s confirmation hearings for Supreme Court nominee Brett Kavanaugh on Tuesday, with Democrats trying to block the proceedings because of documents being withheld by the White House. Protesters also disrupted the proceedings.

Watch the hearing 

In his opening remarks released ahead of delivery, Kavanaugh sought to tamp down the controversy over his nomination, which would likely shift the closely divided court to the right. He promised to be a “team player” if confirmed, declaring that he would be a “pro-law judge” who would not decide cases based on his personal views.

But Democrats raised objections from the moment Chairman Chuck Grassley gaveled the committee to order. They want to review 100,000 documents about Kavanaugh’s record being withheld by the White House as well as some 42,000 documents released to the committee on a confidential basis on the eve of the hearing, along with others not sought by Republicans on the committee.

Kavanaugh hearing convenes pic.twitter.com/WHToxmt9Xv

— Senator John Cornyn (@JohnCornyn) September 4, 2018

“We have not been given an opportunity to have a meaningful hearing on this nominee,” said Sen. Kamala Harris, D-Calif. Sen. Richard Blumenthal, D-Conn., made a motion to adjourn.

Grassley denied his request, but the arguments persisted.

More than a dozen protesters, shouting one by one, disrupted the hearing at several points and were removed by police. “This is a mockery and a travesty of justice,” shouted one woman. “Cancel Brett Kavanaugh!”

Grassley defended the document production as the most open in history, saying there was “no reason to delay the hearing. He asked Kavanaugh, who sat before the committee with White House officials behind him, to introduce his parents, wife and children.

“I’m very honored to be here,” Kavanaugh said.

With majority Republicans appearing united, it’s doubtful the hearings will affect the eventual confirmation of President Donald Trump’s nominee. But they will likely become a rallying cry for both parties just two months before the midterm elections.

Kavanaugh declared he would be even-handed in his approach to the law.

“A good judge must be an umpire, a neutral and impartial arbiter who favors no litigant or policy,” Kavanaugh said in prepared opening remarks. “I am not a pro-plaintiff or pro-defendant judge. I am not a pro-prosecution or pro-defense judge.”

“I would always strive to be a team player on the Team of Nine,” he added.

The Supreme Court is more often thought of as nine separate judges, rather than a team. And on the most contentious cases, the court tends to split into two sides, conservative and liberal. But the justices often say they seek consensus when they can, and they like to focus on how frequently they reach unanimous decisions.

Kavanaugh, 53, has served for the past 12 years on the federal appeals court in Washington, D.C., which is considered the second most important court in the country after the Supreme Court. His conservative record includes a dissenting opinion last year that would have denied immediate access to an abortion for an immigrant teenager in federal custody.

Kavanaugh worked in key White House positions when George W. Bush was president and was a member of independent counsel Kenneth Starr’s legal team that investigated President Bill Clinton in the late 1990s, leading to Clinton’s impeachment.

As a young lawyer, Kavanaugh worked for Justice Anthony Kennedy, whom he would replace on the high court. Kennedy retired at the end of July. Trump’s successful first nominee, Neil Gorsuch, also was a Kennedy law clerk the same year as Kavanaugh.

When he was sworn in as an appellate judge in 2006, Kavanaugh called an independent judiciary “the crown jewel of our constitutional democracy.”

Questioning of the nominee will begin on Wednesday, and votes in committee and on the Senate floor could occur later in September. If all goes as Republicans plan, Kavanaugh could be on the bench when the court begins its new term on Oct. 1.

Grassley has called Kavanaugh “one of the most qualified nominees ever picked for the court.” The American Bar Association has given Kavanaugh its highest rating, well qualified.

Monday night, some 42,000 documents pertaining to Kavanaugh’s work with previous administrations were released to the committee. Senate Democratic Leader Chuck Schumer complained it was impossible to go through them in time. Democrats have also complained that they have not received all relevant documents.

Rebuffed in their request to delay the hearing, Democrats are planning to shine a light on Kavanaugh’s views on abortion, executive power and whether Trump could be forced to testify as part of special counsel Robert Mueller’s Russia investigation.

Many Democratic senators already have announced their intention to vote against Kavanaugh and many Republicans have likewise signaled their support. A handful of Democrats seeking re-election in states Trump carried in 2016 could vote for Kavanaugh.

If no Democrat ultimately supports the nomination, the Republicans have no margin for error in a Senate they control by 50-49. Sens. Susan Collins of Maine and Lisa Murkowski of Alaska are the only two Republicans even remotely open to voting against Kavanaugh, though neither has said she would do so. Abortion rights supporters are trying to appeal to those senators by focusing on concerns that Kavanaugh could vote to limit abortion rights or even overturn the landmark Roe v. Wade ruling from 1973 that first established a woman’s constitutional right to an abortion.

Democrats have been under intense pressure from liberal voters to resist Trump, and many remain irate, even two years later, over the treatment of Merrick Garland, President Barack Obama’s nominee for the Supreme Court, who was denied so much as a hearing last year by Majority Leader Mitch McConnell.

Kavanaugh, in his statement Tuesday, gave a shout-out to Garland, “our superb chief judge.” Garland is the chief judge of the appeals court on which Kavanaugh has served.

But Democrats are powerless to delay a vote on Kavanaugh since McConnell led Republicans, during the Gorsuch nomination, in eliminating the 60-vote filibuster threshold that had been in place for Supreme Court nominations.

The filibuster rule required 60 of the 100 votes to advance a bill or nomination. That’s in contrast to the simple 51-vote majority that applies in most cases.

___

 

9 a.m.

Confirmation hearings are underway in the Senate for Judge Brett Kavanaugh, President Donald Trump’s second nominee to the Supreme Court.

Judiciary Committee Chairman Chuck Grassley of Iowa gaveled in the first day of hearings on Tuesday morning. Democratic senators and protesters immediately interrupted the Chairman and demand adjournment.

Kavanaugh, his wife, Ashley, and eldest daughter entered the committee room with Grassley just after 9:30 am.

In his opening statement, Kavanaugh vows to be a “pro-law judge” who will interpret the law impartially.

He will be introduced at the hearing by former Secretary of State Condoleezza Rice, Republican Sen. Rob Portman of Ohio and liberal lawyer Lisa Blatt.

Questioning of Kavanaugh will not begin until Wednesday.

Kavanaugh has been a judge on the U.S. Court of Appeals for the District of Columbia since 2006.

___

9:20 a.m.

Senate Democrats are demanding that the Trump administration release thousands of documents on Brett Kavanaugh’s record in the White House.

Sen. Dianne Feinstein, the senior Democrat on the panel holding the Supreme Court confirmation hearings, said the White House was trying to “hide” Kavanaugh’s records from the Senate and the public. She said more than 90 percent of his records are being withheld from the Senate and the public.

The California Democrat said senators in her party would participate in the hearings under a “silent protest” against the White House’s conduct in the matter.

Republican Judiciary Committee Chairman Chuck Grassley said earlier on Fox News that more documents on Kavanaugh have been released than on any other nominee.

___

7:25 a.m.

Senate Judiciary Committee Chairman Chuck Grassley wants Democrats to stop complaining about documents they’ve received pertaining to Judge Brett Kavanaugh.

Grassley is chairing the confirmation hearing later Tuesday for President Donald Trump’s pick for the Supreme Court. The Iowa Republican tells Fox News that there are more documents on Kavanaugh than any other nominee in history. But Democrats say thousands were dumped out in public just hours before the hearing begins, making it impossible for thorough scrutiny.

Monday night, the committee received 42,000 pages of documents about Kavanaugh’s years with the Bush administration, prompting complaints from Senate Democratic Leader Chuck Schumer. Democrats have also complained that they have not received all relevant documents from Kavanaugh’s work with previous administrations.

SEWARD COUNTY — Law enforcement authorities are investigating a suspect following the search for a wanted suspect in southwest Kansas.

Just before 6p.m. Friday, police received information that a subject wanted by Garden City authorities may be at a residence in the 100 block of W. Pine Street in Liberal, according to Captain Robert Rogers.

Once on scene, they contacted a 41- year-old female and two children.  While attempting to gain information about the wanted person, the woman became uncooperative and attempted to prevent others from assisting officers.

Police arrested her for aggravated intimidation of a witness.  Officers surrounded the house until it was determined that the wanted subject would not be located there.

Rogers did not released the suspect’s name. Formal charges have not been filed but she remained in custody Tuesday.

MINNEAPOLIS (AP) — Federal authorities say they have recovered pair of ruby slippers worn by Judy Garland in “The Wizard of Oz” that were stolen from a Minnesota museum 13 years ago.

The slippers were taken from the Judy Garland Museum in Grand Rapids in August 2005 when someone went through a window and broke into the small display case. The shoes were insured for $1 million.

Remember the authentic pair of Ruby Slippers from the Wizard of Oz film that were stolen from our museum in 2005? They have never been found. Neither have the culprits. This is YOUR chance to help find out what happened to the slippers and possibly locate them after ten long years. The case was investigated by the local police, who came to no conclusions, and as time went on, the case went cold. Now 10 years later…Minneapolis based Alexander & Associates, a private investigation company who specializes in cold cases, was brought in to save the Ruby Slippers. The investigators are close to solving the case once and for all, but they need your help to raise the funds necessary to complete the final critical stages of the investigation before the case goes cold again. All funds raised will go directly to the investigation. You can be a part of this historic effort to ‪#‎SAVETHESLIPPERS‬. Click on the following link to find out how you can help: https://www.indiegogo.com/projects/save-the-slippers /// ‪#judyGarland #rubySlippers #onlyinMN #guinnessWorldRecord #savetheslippers #judygarlandMuseum #wizardOfOz

A post shared by Judy Garland Museum (@judygarlandmuseum) on Apr 27, 2015 at 3:15pm PDT

Four pairs of ruby slippers worn by Garland in the movie are known to exist.

The shoes are made from about a dozen different materials, including wood pulp, silk thread, gelatin, plastic and glass. Most of the ruby color comes from sequins, but the bows of the shoes contain red glass beads.

RILEY COUNTY —Bridges have been inspected and declared safe for travel. Fort Riley Blvd and Scenic Drive are open again. The only remaining road closures are S. Manhattan Ave and Moehlman Rd. at Hunter’s Island. USD 383 will have school Tuesday with change to the bus schedule.

 

Rescue stats from @ManhattanFD for people removed by boat, dumptruck or person: Redbud 60 people; Highland Ridge 16 people, Gardenway 50 plus 20 pets, Village/Whitetail 26 people and 4 pets.

 

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MANHATTAN —Riley County Emergency Management, the Manhattan Fire Department, City of Manhattan, Kansas – Municipal GovernmentPublic Works and RCPD were notified around 4:30 AM that the water in Keats was rapidly rising after overnight rainfall.

The Corps of Engineers reports rainfall around 8.9 inches and around 3-4 inches in Riley. That water then came down Wildcat Creek.

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RILEY COUNTY—Sunday’s holiday weekend storm brought flooding rains to Riley County and many areas of northeast Kansas. The National Weather Service issued flash flood warnings overnight in advance of the heavy rains.

Just after 4a.m. the National Weather Service advised residents along Wildcat Creek in Manhattan that it was expected to reach moderate flood stage later Monday morning.

A short time later evacuations started in Keats and along the Wildcat Creek toward Manhattan, according to the National Weather Service.

Keats and Anderson Avenue is experiencing some flooding, so residents should take precautions to protect yourself if you are in one of these areas.

Hunters Island and along Wildcat Creek is already flooded. Do not try to go through the water, it is not safe. (Cont)

— RCPD (@RileyCountyPD) September 3, 2018

Evacuations centers include the Keats United Methodist Church and Pottorf Hall in Cico Park.

Fort Riley Boulevard was closed due to water over the bridge from Westwood to Richards.

Power was also out for many homes on the west side of Manhattan due to the flooding.

Residents in Riley County report from 5.5 to almost 8 inches of rain over the past 24 hours. Geary and Pottawatomie County residents reported from 4.5 to over 5 inches of moisture. Similar amounts are reported in northwest Wabaunsee County.

There is a 40 percent chance of showers and thunderstorms Monday afternoon and evening, according to the National Weather Service. There is a 60 percent chance of additional rain on Tuesday before 10a.m.

 

 

PRATT COUNTY —A Labor Day weekend storm brought over 6 inches of rain and flooding to some areas of Pratt County.  Many homes and businesses are now cleaning up.

The Pratt Community Center, 619 N. Main, was opened as a temporary shelter. Although water is receding, many roads are still closed or impassable, according to Pratt County Emergency Management.  Schools in USD are in session Tuesday with a one hour delay.

Ninnescah river by Pratt, Ks. Out of its banks and trying to wash this road out. Local custom cutter Randy Goldens shop is there where that flex platform is and his shop is probably 2ft under water right now #kswx pic.twitter.com/EqZrlNTXvQ

— Denton Clark (@DentonClark17) September 3, 2018

More rain is expected and a flood warning remains in effect for Pratt County until Tuesday afternoon, according to the National Weather Service.

RENO COUNTY— A Kansas man convicted of child sex crimes in Reno County will serve six years and six months in prison.

A Reno County judge sentenced Dakota Heaton, 18, as part of a plea agreement between the state and the defense.

He was originally arrested on a warrant for the Reno County case and charged with two counts of aggravated indecent liberties with a child. The crimes occurred in Reno County in December of 2017.

However, Heaton entered a plea in July for two counts of aggravated indecent solicitation of a child because of the symptoms he suffers from Asperger’s syndrome.

The two 34-month sentences were the aggravated time he could receive under sentencing guidelines. 

The father of the victim spoke before sentencing and told the defendant that he stole their 6-year-old daughter’s innocence.

Once Heaton is released from prison, he’ll be on lifetime post-release supervision.

KANSAS CITY, KAN. – A methamphetamine user from Kansas was sentenced to two years in federal prison on firearms charges, according to U.S. Attorney Stephen McAllister.

Steven Kolojaco, 27, Kansas City, Kan., pleaded guilty to one count of unlawful possession of firearms by a user of controlled substances.

In his plea, he admitted he bought at least nine handguns from Cabela’s and Bass Pro stores in Kansas City, Kan., and Olathe. His plan was to use the guns to rob people who he thought had mistreated him. Before he could carry out the plan, however, the guns were stolen from him.

Kolojaco admitted that he used meth daily and he was under the influence of methamphetamine when he bought some of the guns.