The Joplin Globe, Joplin, MO

Local News

July 2, 2012

County Commission appoints attorney in Baxter Springs' petition controversy

COLUMBUS, Kan. — The Cherokee County Commission on Monday became involved, albeit on the sidelines, in the controversy in Baxter Springs city government.

The commission appointed attorney Sam Marsh as a special county counselor to review a protest petition that supporters of Mayor Jenifer Bingham seek to circulate to prevent a charter ordinance related to the mayor’s appointment powers from taking effect.

The mayor’s supporters have 61 days after the charter ordinance’s first publication on June 20 to file their petition with the signatures of 46 registered voters in Baxter Springs with the county clerk. If the petition effort is successful, the charter ordinance would be placed on a future election ballot for a vote of the people.

The charter ordinance involved gives the appointment powers the mayor now has to City Council committees. Another charter ordinance, specifically removing the mayor’s power to appoint the city clerk, police chief, city attorney, treasurer, city judge, water department superintendent and street department superintendent, may come to a final vote next week.

Cathy Bolek, an organizer of the mayor’s supporters, had asked the County Commission to take the action after County Attorney John Bullard referred the matter to the county counselor.

County Counselor Kevin Cure has a conflict of interest. He represents six Baxter Springs City Council members who are opposed to Bingham. The council members hired Cure with city funds, something that resulted in sniping between Bolek and Cure.

“It seems like the attorneys are the only ones getting rich,” Bolek said.

“My clients weren’t born with silver spoons in their mouths, unlike the mayor,” Cure said.

The extreme political divisions in Baxter Springs city government arose in April, when Bingham tried to appoint her own choices to replace City Clerk Donna Wixon and police Chief David Edmondson. A majority of the council voted against Bingham’s appointees and took action to ensure that the appointments didn’t automatically take effect. The mayor also initially changed the locks at City Hall and placed Wixon on paid suspension.

Bingham had claimed that Wixon was being investigated, but Bullard said the Kansas Bureau of Investigation had declined to investigate Wixon.

The council eventually restored Wixon to her longtime position.

Bullard previously had approved circulation of a petition seeking to recall four of the mayor’s opponent’s on the council and had rejected a petition seeking to recall the mayor. In a conversation Monday in his office, he said he could have referred those matters to the county counselor under a state law, but he took them on as a favor. He said the turmoil now seems like it may never end.

“Since it just keeps snowballing, I’m not going to be involved anymore,” Bullard said.





Appointment

SAM MARSH, a former county attorney, said at the Cherokee County Commission meeting that he would take on the matter. “I can take a look at it,” Marsh told the commissioners. “You’ve kind of caught me flat-footed.”

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