‘We’re going down a really ugly road’: Ethics complaint filed against JoCo official
An activist in Olathe has filed an ethics complaint against City Councilwoman Karin Brownlee, arguing she violated the First Amendment in an effort to silence residents who voice their opinions.
Brett Hoedl said Brownlee sent a “chilling” message to residents when she talked to his employer about his activism. Hoedl, local chairman of Equality Kansas, has been urging the City Council to adopt protections for the LGBT community. Brownlee has a history of voting against the expansion of gay rights.
Brownlee, a former state senator, could not be reached for comment this week. Last week, she admitted to talking to an associate at Hoedl’s work about his efforts. But she said it was a casual conversation. Hoedl said he was later contacted by his employer’s legislative affairs team about Brownlee’s communication with staff.
“It’s not just a matter of a council member having a friendly conversation with some associate. It’s a council member approaching somebody responsible for government affairs at my company about my conduct, which has nothing to do with my company,” Hoedl said. “I think it was extremely explicit in what she did. If we think it’s OK for an elected official to attack a constituent because they don’t like their point of view, we’re going down a really ugly road.”
Brownlee insists she meant no harm to Hoedl or his employer. She mentioned to the staff member that Hoedl had named his company while advocating for gay rights, she said. Hoedl said he keeps his work separate from his activism.
“The allegations, if true, absolutely present a First Amendment issue,” said Lauren Bonds, legal director of the American Civil Liberties Union of Kansas. “It is unlawful retaliation for a government official to wield the power of their position to silence citizens. This includes using their office to threaten a dissident citizen’s employment because they have expressed contrary political views.”
Hoedl said this is “way beyond an LGBT issue.” He worries residents will now be afraid to voice their opinions to the City Council, whether it’s about gay rights, the new downtown library or zoning issues.
“This could apply to any topic, whether you’re right, left, conservative, progressive,” he said. “I don’t know how anybody can have faith with her on the Council that people would feel safe speaking out anymore. If something doesn’t happen, if she is still on the Council, I think the entire city government of Olathe is at risk of being delegitimized by her being on it.”
The city’s code of ethics states public officials must conduct themselves in a way to maintain public confidence in their performance. Officials must avoid the appearance of improper influence and cannot use their office for private gain.
Olathe spokesman Tim Danneberg confirmed the city has received the ethics complaint, which will be reviewed by the City Council. Brownlee has one week to submit a written response.
The Council could dismiss the complaint, determine further investigation is needed or “take such other action as the Council deems appropriate,” according to the code of ethics.
If the City Council decides an investigation is necessary, council members would select an investigator, who would determine the facts of the case. The investigation would be completed in one month. Afterward, the City Council would receive a written report and decide how to proceed.
Hoedl and other residents have been calling for Brownlee to resign. Brownlee has said she has no plans to step down.
The City Council will publicly discuss the complaint at its Dec. 3 meeting, Danneberg said.
Fairway passed an ordinance adding LGBT protections last week. Now Olathe is one of the few cities in Johnson County, and the only one of the county’s big five, to not enact such a law.
