Facing a loss of $1.5 million in funding between now and July 2003, commissioners in Shawnee County, Kan., recently voted unanimously to file a lawsuit against the state government.
But they decided to file the lawsuit only if the Kansas Association of Counties (KAC) decided not to act on Shawnee’s part. In almost no time at all, more counties joined in the chorus of Shawnee’s protest against Kansas Gov. Bill Graves’ decision at the end of November to block a $48 million payment to county and municipal governments.
At its Dec. 12 board meeting, the KAC voted to file a lawsuit before the Supreme Court of Kansas, with the backing of resolutions passed by 79 out of 105 boards of county commissions requesting to be a named parties in the suit.
“It’s over a legal argument that there’s a state statute that allows the governor to make reductions, but they have to be across-the-board reductions,” said Randy Allen, executive director, KAC.
KAC claims that Graves exceeded his authority with the cuts and that only a court ruling can clarify the governor’s powers. Without such clarification, Allen said, county commissioners could face future budget planning without the knowledge of exactly what actions the governor can and cannot take.
“Many state agencies received a 3.9 percent reduction [mandated by Graves’ cuts], but it was a 50 percent reduction for counties and cities. It has a greater effect on rural counties because they don’t have the economic base to supplant the money and get back the funds,” Allen said.
