Kansas House select committee adopts organizational rules, sets March 1 deadline for witnesses in Ford Carr complaint

The Kansas House select investigative committee convened its initial organizational meeting and directed the parties in a complaint lodged against Representative Ford Carr to submit witness lists and copies of documentary evidence by 5 p.m. Monday, March 1, the chair said.

The committee’s purpose at the session was organizational: to review the rules that will guide its proceedings, hear legal guidance from Revisor Gordon Self, and set next steps rather than discuss the substance of the complaint. "We will not be discussing the substance of the complaint or possible defenses," the chair said, adding that the committee would insist on decorum.

Gordon Self, the legislature's revisor and the committee’s legal counsel, told members the Kansas Constitution gives each house authority over disciplining its members and cited the relevant House rules. "The Kansas Constitution makes it very clear ... that each house shall provide for the expulsion or censure of members in appropriate cases. Those are the exact words from the constitution," Self said. He identified Article 49 of the House rules and the committee rules numbered 4901 and 4902 as the procedural framework the committee should follow.

Self said the rules give the committee discretion in how it conducts an inquiry but require certain protections. He told members the select committee may dismiss a complaint after inquiry or set the matter for hearing, and if a hearing is held "reasonable notice and an opportunity to appear shall be afforded the member complained of." Self also said the committee has statutory investigating powers (as cited in the meeting as "KSA 4610 01@" in the transcript) that the body may choose to use or reserve.

Self emphasized the limits of the committee’s authority and the role of the full House on final discipline. "Upon completing the hearing and deliberations thereon, the select committee may dismiss the complaint or make recommendations to the full House for reprimand, censure or expulsion," he said, noting that censure and expulsion are actions the full House must take and that expulsion or censure is governed by the Constitution and by House rules.

Committee members asked questions about prior precedent. Self said a prior select committee issued a "letter of reprimand" that outlined the committee's concerns and conditions, but he reiterated that reprimand is a remedy described in House rules while censure and expulsion are specifically referenced in the Constitution. "It is my opinion that only the House as a whole could act on that," Self said of censure or expulsion, and he said those outcomes require a two-thirds vote of the full House.

The chair directed both parties to submit, by email to the chair, lists of witnesses the party intends to call and copies of documentary evidence by the stated deadline. If parties intend to present non-document tangible evidence, they should describe it in the submission, the chair said. Scheduling for the next meeting will be set after the chair reviews submissions; the chair said he is "hopeful that the proceedings will be completed by the end of next week," but that scheduling depends on the materials received.

The meeting record shows the committee is comprised of an equal number of majority and minority party members, as required by rule 4902, and that the revisor’s office will provide procedural advice. Self said he and First Assistant Joe Walters will attend the committee’s proceedings to advise on statutes and rules.

The committee adjourned after setting the submission deadline and instructing staff to prepare for scheduling once materials are received.