A carport, fuel and a hotel

Topeka Capital-Journal, The, Oct 19, 2008 by Tim Carpenter

By Tim Carpenter

THE CAPITAL-JOURNAL

The state ethics commission is wading through complaints of campaign finance impropriety made against Sen. Dwayne Umbarger, chairman of the Senate's influential budget committee.

The Kansas Governmental Ethics Commission, prohibited from publicly confirming an investigation unless a case proceeds to a formal hearing, has been called upon to address expenditures listed on the senator's July 2008 campaign report that could be for nonpolitical purposes.

"I would love to talk to you about this," Umbarger said. "I'm about a straight shooter as you're going to get."

However, the Thayer Republican, who chairs the Senate Ways and Means Committee, said state ethics rules prohibited him from publicly discussing the allegations.

A political rival of Umbarger submitted a complaint in September suggesting the senator should be investigated for unauthorized use of more than $3,000 in contributions. Kris Van Meteren, a one-time supporter of Umbarger, said he filed documents challenging the senator's reliance on a campaign account to pay for a $1,738 carport installed at Umbarger's home in rural Thayer in the southeast Kansas county of Neosho, to buy nearly $1,400 in fuel and to pay $500 for rental of a Topeka apartment.

After Van Meteren contacted the commission about what he viewed as trouble spots on Umbarger's finance report, the senator sent a letter to the commission promising to reimburse his campaign treasury for the metal carport and apartment rental. It is unclear whether he followed through with that pledge or did the same on the fuel bill.

Van Meteren said he recruited Umbarger to run for the Senate in 1996. He more recently worked on behalf of his own mother, former Kansas State Board of Education member Iris Van Meter, in her Republican primary campaign challenge of Umbarger. The senator defeated Van Meter by a margin of 65 percent to 35 percent in the August primary.

Carol Williams, executive director of the ethics commission, said the board privately reviews all complaints. These preliminary assessments of evidence aren't open to the public, she said. Neither the complainant nor the target of an allegation is permitted to comment publicly about the contents of a complaint, she said.

If evidence points to a significant problem, Williams said, the commission could convene disciplinary hearings. Those are open to the public.

Williams said Van Meteren might have committed a crime by speaking with The Topeka Capital-Journal about his case. A commission investigator in Topeka is looking into a possible counter complaint against Van Meteren.

Van Meteren said he wasn't worried about the commission turning on him.

"I'll pay the fine and exercise my free speech," Van Meteren said. "It appears to me they're trying to let him off the hook by going after me."

Williams said open dialogue early in the process would encourage people to file bogus claims and then parade those allegations around even though none of the charges may stand up to scrutiny later.

"The moment you walk in this door and file a complaint, you are prohibited by law, a class A misdemeanor, of discussing the fact that you walked in here and gave us that complaint," she said.

Umbarger said he would abide by commission policy forbidding him from defending himself at this time in public.

"If I were to tell you anything," the senator said, "I would be in violation."

Umbarger did speak to the Chanute Tribune in August, and he denied wrongdoing.

Van Meteren urged the commission to examine an entry for July 8 in which Umbarger claimed his Senate campaign should pay for a $1,738 building bought from Carolina Carports, of Bronough, Mo. He noted on his expense report that it was for storage of "legislative service, campaign signs and campaign information." The structure, which was installed next to his home, is where the senator has parked a car. It has no sides to protect political materials from the elements.

Umbarger's letter to the commission noting his willingness to reimburse the campaign said he planned to add walls and a floor to the carport to make it suitable for storage.

The complaint from Van Meteren pointed the commission to a $500 expenditure July 9 to the Ramada Hotel and Convention Center in Topeka. Umbarger's notation on his finance report said that payment was for "apartment rent."

"I question whether Mr. Umbarger could legitimately have his campaign pay rent on an apartment he maintains here in Topeka," Van Meteren said.

Umbarger said in his July 30 letter to the commission that "this receipt was inadvertently mislabeled as a campaign expense and is not. I will reimburse my campaign for the full amount."

Van Meteren said he amended his formal complaint last week to include a challenge of Umbarger's purchase of large quantities of fuel in Thayer with campaign resources.

Umbarger made three trips to Smithy's Express and one trip to W- G Fertilizer, both of Thayer, in a three-day span to buy "fuel for campaign." The senator charged his campaign account $100 and $151 for fuel at Smithy's on July 14. On that same day, he bought $495 of fuel at W-G Fertilizer. On July 16, Umbarger spent $500 from his campaign account for fuel at Smithy's.