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Ethics commission investigates former mayor

Inquiry focuses on e-mail forwarded by Kathy Dusenbery during April election

By Jared Hoffmann

Thursday, May 8, 2008 1:17 AM CDT
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Former mayor Kathy Dusenbery is being investigated for allegedly violating the city’s ethics ordinance during the April 8 election.

The Municipal Officials Ethics Commission held a public meeting last week to review a written complaint submitted by resident David Williams.

Williams alleges that Dusenbery violated a city ordinance by forwarding a campaign-related e-mail from then mayoral candidate Gerry Richardson — now the elected mayor — to residents of the community.

The ordinance in question states that no member of any board “shall participate in any activity on behalf of any candidate for public office in any municipal election … wherein that person identifies himself (herself) as a member of that board.”

On April 7, resident Gordon Cook circulated a letter that endorsed Richardson’s opponent Tom Hutsler and questioned city officials’ decision-making in regard to several issues. Richardson’s response e-mail — in which he refuted the accusations made by Cook — was directed to residents who received Cook’s letter, also known as the “yellow letter.”

The last sentence of Richardson’s e-mail reads “I strongly encourage you to forward this to anyone else that might have received the yellow letter.”

Dusenbery was one of several residents who received Richardson’s e-mail. The e-mail she forwarded to other residents included her title as Parkville mayor. The appearance of her title, according to Williams, is the basis for the alleged ethics violation.

Richardson was also implicated in Williams’ formal complaint. The commission quickly agreed that his actions did not violate the ordinance, as his affiliation with the city of Parkville as an alderman was not mentioned in the e-mail. Commission members agreed that Richardson referred to himself only as a mayoral candidate in the e-mail.

After discussing all facts related to the matter and referring to the city’s ethics ordinance, the commission members voted unanimously that Dusenbery’s actions warranted further investigation.

“She put her signature on this and whether it was intentional or not, it was done,” Commission member Ellen Underkoffler said. “It seems like there is definitely an issue.”

An additional meeting was scheduled for 5:30 p.m. Wednesday, May 14, in the City Hall board room. At that time, Dusenbery will have the option to present her position to the commission.

After the meeting last week, Dusenbery commented on the alleged ethics violation and the decision of the commissioners.

“I respect the decision of the ethics commission and look forward to sharing my position with them,” Dusenbery said.

Dusenbery said she disagreed with the city’s ordinance and believed it conflicted with freedom of speech.

“Senator Bond endorses people, President Bush endorses people; it’s part of freedom of speech,” Dusenbery said. “This is the only community that has this type of ordinance.”

Williams, who did not attend the commission meeting, said his purpose in filing the complaint was to ensure that officials complied with all city policies.

“If you set up regulations and guidelines, you should know them and follow them,” Williams said. “I would hope that they would follow the guidelines they put in place.”

City Attorney Jack Campbell said the ethics commission would hold an additional meeting after the May 14 meeting to decide how to proceed with issue. He said at that time, the commission would have the option of turning the issue over the city prosecutor or to the Board of Aldermen if further action is warranted.

Staff writer Jared Hoffmann can be reached at 389-6636 or jaredhoffmann@npgco.com.

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