Tuesday, December 01, 2015

Efforts to recall County Commissioner Ranzau continue despite DA attempts to block them

By SJ Otto
The recall effort to get rid of Sedgwick County Commissioner Richard Ranzau continues despite efforts by a Sedgwick County District Attorney, Marc Bennet to block a petition filed, by the Committee to Recall Richard Ranzau.

According to KAKE News:

“Sedgwick County District Attorney Marc Bennett has blocked a recall effort against a county commissioner who has refused to accept millions of dollars in grants for local health programs.”

KAKE also reported that Bennet said that the remedy prescribed by law when someone disagrees with an elected official is the ballot box.

So what Bennett is saying is that once one of these right wing scum bags weasels his or her way into office, there isn’t Jack Squat we can do about it. Bennett is a Republican with the same narrow-minded ideas that Ranzau has. There is little doubt that Bennett is just trying to make sure a fellow Republican can stay in office without being accountable to his constituents. His actions are just plain-old-stall tactics design to keep Ranzau in office against the will of local people.
Giving away tax payer’s money, when it is clearly needed by the citizens of this area, is an unthinkable action and it shows deep disrespect to the neediest people in this county.
Ranzau told KAKE; the DA's decision is a victory for taxpaying American citizens and legal immigrants.

His use of the term “legal immigrants” shows that he is a bigot who believes in punishing young children for illegal acts they are not responsible for. It also shows how biased he is against Latinos. He recently and rudely refused an interview with KWCH reporter, Beatriz Parres, who is bilingual and a legal immigrant from Spain. The attempted interview was recorded by KWCH TV.
The people are being denied what is rightfully theirs and he needs to be held accountable.
It is our democratic right to get rid of any politician who we feel has acted against the people’s interests.

Here is information to the last the Committee to Recall Richard Ranzau meeting:

Nov 25 at 10:58 PM
On Wednesday, November 25, 2015, the Committee to Recall Richard Ranzau resolved to not allow DA Bennett to substitute his flawed opinion for the will of Sedgwick County Voters who want to see Commissioner Ranzau removed from office. We resolved to not allow him to block a constitutional and fundamental right of the Electors to determine Ranzau’s continued employment at the ballot box. Eveleigh v. Conness, 261 Kan. 970, 977 (1997). SeeKan. Const., Art. 4, § 3.

While we disagree with the DA’s legal opinion dated November 23, the Committee has resolved to file a new Recall Petition, providing different grounds to Recall Commissioner Ranzau. The new filing date will be announced by the end of next week.  The Committee also resolved to file a Mandamus Action with the Kansas Supreme Court should District Attorney Marc Bennett improperly block our efforts again. Mandamus is the proper remedy where the essential purpose is to obtain an authoritative interpretation of the law for the guidance of public officials in their administration of the public business, or to compel a public official to act. An authoritative interpretation of the DA’s limited role in the recall process, as well as the public health duties imposed by law on County Commissioners would be of significant statewide interest. The Kansas Supreme Court has often exercised its original jurisdiction in mandamus to provide speedy adjudication of issues of law affecting public officials. Recall Petitions in particular are a fundamental and constitutional right of registered voters, therefore the issues that our Petition raises should be of sufficient public concern for the Kansas Supreme Court to entertain if DA Bennett blocks our efforts again.

It is not the role of the District Attorney to decide if the recall allegation is true or untrue. And for District Attorney Bennett to split hairs on a distinction between powers and duties to block a constitutional and fundamental right recall petition seems highly irregular, particularly if the duty to contract for the protection and promotion of public health already exists, and is recognized as one of the duties of a County Commission which doubles as the sitting local Board of Health. It is pursuant to its power and duty to contract for the protection and promotion of public health and welfare that the Commission, through the local health department, meets its ongoing legal obligations under KSA 65-201. Bennett’s opinion that county commissioners have “no legal duty” to contract for the protection and promotion of the public health and welfare not only defies logic, it is inconsistent with KSA 19-212 which clearly empowers the Commission to perform the corresponding duties enumerated in that provision. The DA’s ruling is also inconsistent with a Kansas Supreme Court case cited in his decision, i.e. “if the petition contains sufficient information concerning the alleged violation …, the electors become the decision-makers and may decide for themselves the truth or falsity of the allegations contained in the recall petition. While we might prefer more specific information in the petition in question … it contains sufficient information concerning the alleged misconduct.”  Unger v. Horn, 240 Kan. 740, 743 (1987).

The law is clearly on our side, and we will not be deterred by the District Attorney. This Recall Action will continue even if it drags on till the November 2016 elections!

#RecallRanzau lives on!

PLEASE NOTE:  The Campaign Event previously scheduled for this Saturday, Nov. 28 has been moved to Thursday, Dec. 10 at 6pm. See the Facebook Event for details.

Committee To Recall Ranzau, Inc.
Sandrine Lisk
Esau Freeman
Scott Poor
Neva Thiessen, Recall Elector
Mary Dean
Mary Ware
Shirley Benton Kelley, Recall Elector
Tom James, Recall Elector
Lyle “Chip” English
Wendell Turner
Lisa Vayda
Billie Knighton
Melody Miller

Kick him out!

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