DA finds no evidence Merriam Drainage District board violated open meetings act, misspent money

Kansas City Star

March 18, 2008

A Johnson County District Attorney's Office investigation has found no evidence suggesting that the Merriam Drainage District Board knowingly violated the state's open meetings act or misspent taxpayers' money.

Last summer, the district attorney's office received complaints alleging that the drainage district board had repeatedly failed to notify the city of Merriam of its public meetings. Merriam's city attorney and one of the drainage district's own board members filed the complaints.

Concerns were also expressed that the drainage district was neglecting to bid out its construction projects. The district attorney's office eventually began a comprehensive investigation of the board's meeting practices and its financial activities of the last two years.

The Merriam Drainage District is a governmental entity responsible for flood prevention along the Turkey Creek channel. It serves residents mainly in Merriam and Shawnee and generally spends more than $250,000 annually from funds acquired through property taxes.

Patrick Carney, the assistant district attorney handling the case, said that while the investigation found that the drainage district had violated the open meetings act last summer, no penalties will be assessed.

Carney said the violation came when the drainage district failed to inform Merriam city staff about a meeting that took place in June. But no evidence was found suggesting that the board deliberately excluded the city from the meeting. The investigation concluded that violation resulted from 'administrative deficiencies and timing issues.'

'We only have one substantiated allegation, and it doesn't form a larger pattern,' Carney said.

The investigation also found no criminal evidence showing that the drainage district was misusing public funds.

According to state law, a drainage district must publicly advertise bids for work contracts. Advertising for bids is only unnecessary when a project involves clearing a channel.

The drainage district's chairman, however, has said the group does not competitively bid out its projects because it's impractical. As a result, most of the district's projects are done by Wheeler Construction Co. Inc.

Carney said the investigation found that Wheeler Construction Co. had competitively bid on drainage district projects in the past when flooding at the Turkey Creek channel caused FEMA to intervene. The drainage district has since gone with Wheeler Construction because of its experience with past projects and its willingness to use its equipment in the creek. Carney added that there was not a 'considerable amount of money' involved in the projects.

Carney said Johnson County District Attorney Phill Kline has yet to give final recommendation on how to proceed with the case. Investigators also still need to speak with Merriam Mayor Carl Wilkes about the possible open meeting violations.

'Based on what they (the investigators) are telling me, there is a decent chance that nothing will be filed against the drainage district,' Carney said.

Lou Silks, attorney for drainage district, said the investigation exonerates the district board from the alleged wrongdoings.

'We feel that we have never violated any laws and that we have acted properly in administering affairs of the drainage district,' Silks said.

'We feel that it was a waste of taxpayers' money and time for the complaints to have even been made,' Silks added. 'But we also recognize that complainants had the right to do so.'

Jim Wymer, the drainage district board member who complained to the district attorney's office last summer, said he was disappointed with the investigation's findings. Wymer has criticized the drainage district board for its meeting practices and for failing to publicly advertise bids of its construction projects.

'I have lost 100 percent respect for any process associated with the district attorney's office,' he said. 'I will take my argument to the public. It's a waste of time to take anything to the county.'

Carney could not comment on Wymer's criticisms of the district attorney's investigation. But he and Chief Investigator Thomas Williams combined spent more than 700 hours on the case, Carney said.

'I think we have directed a considerable amount of time and energy to fully explore this matter,' he said.

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