ShawneeDispatch.com

The Kansas Governmental Ethics Commission on Wednesday will discuss whether District 2 Johnson County Commissioner John Segale should have used campaign funds for a billboard promoting both his re-election and the countywide sales tax, approved by voters earlier this month.

The matter is one of many issues from this campaign season that the ethics commission will discuss, after concerns were raised that Segale's billboard breaks political finance laws. Segale, a former Shawnee City Council member, represents Shawnee and Lenexa on the county commission and is running for re-election against former Shawnee mayor Jim Allen.

The billboard is in Merriam on the north side of Shawnee Mission Parkway, just west of Interstate 35, and it faces west. It states "Keep Our Community Safe, Vote Yes August 5, 1/4 Cent Sales Tax Renewal Question. Stick with John Patrick Segale, Our County Commissioner, Leadership We Can Trust," and also gives Segale's Web site.

Carol Williams, executive director of the ethics commission, said it has been determined that campaign funds were used to pay for the billboard, and as the use of campaign for state and local candidates is under the jurisdiction of the commission, it will review the issue and determine whether campaign funds can be used for the billboard since it also expressly advocates for Segale's re-election.

"I guess the issue is whether I can use campaign funds to both promote my re-election and an issue that is integral to my service on the commission," Segale said, "and one which I point to as an accomplishment and a reason why I should be re-elected and continue to serve the community."

Segale said he checked the campaign manual provided by the ethics commission and also sent it an e-mail explaining that moving forward with the public safety sales tax is an action he takes responsibility for as a commissioner and that he wanted to include it in his campaign. He said he never received a response to the e-mail.

Those who have spoken out against the billboard included Tracy Thomas, also a former Shawnee City Council member, who personally campaigned against the sales tax. She said Segale, as a paid elected official, should not campaign for the tax.

Others have pointed to a 1998 ethics commission decision concerning the Overland Park City Council, which said council members could not use campaign funds to support or oppose a ballot initiative because to do so is not a function of holding public office.

But Segale said that decision doesn't necessarily apply because in that case, council members were using campaign funds to advocate for an issue outside of their own personal re-election bids.

"In the case of my billboard the Overland Park example is not the same," Segale said. "I am running for re-election and the sales tax was integral to validating the decision I made as a commissioner."

He said he has the highest regard for campaign finance regulations and has always followed them.

"However, in this case I think the issue was raised by those who opposed the tax to muddy the waters for everyone," he said.

Discussion of the billboard at today's meeting is not an investigation about whether Segale followed the regulations, he said; it is a clarification of the regulations where clarity does not exist.

Williams said there has been no request for a formal advisory opinion in the matter, therefore the outcome will not be posted on the ethics commission's Web site. Segale said he would abide by the decision or opinion of the ethics commission.

The ethics commission's meeting begins at 1 p.m. at its conference room in its office, 109 SW 9th, Suite 504, Topeka.