Johnson County city flooded with complaints against mayor, council. Do they hold water?

Editor’s Note: “Reality Check” is a Kansas City Star series focused on holding those in power to their word and pulling back the curtain on decisions happening behind closed doors. This newsroom-wide project will bring fast facts as stories unfold — making sure our local officials and institutions are telling the truth, serving our communities well and following through on their promises. Have a suggestion for a future story? Email tips@kcstar.com.

Now that the Johnson County district attorney has rejected six recall petitions against Prairie Village Mayor Eric Mikkelson, a resident has drowned the city in ethics complaints against the mayor and five council members.

Prairie Village resident Mike Sullinger was one of three people behind the failed recall attempt, and has now filed complaints against Mikkelson and nearly half the council, accusing them of pushing personal political agendas for their own gain. Sullinger demanded the officials be censured or face other disciplinary actions.

Sullinger said he was motivated to file the complaints after two council members blocked him on social media. Council members say they did so because he had posted harassing comments on their campaign pages on Facebook.

Some officials say the complaints lack merit, couching them as a drain on city resources and the latest in a personal vendetta that rose from the council discussing whether to adjust zoning laws to make it easier to build duplexes, apartments and other more affordable housing options.

“Most people in Prairie Village don’t object to having more affordable housing. But they’re just going about it the wrong way,” Sullinger said. “They’ve completely lost the trust that used to reside between City Hall and the residents.”

The City Council is expected to discuss the complaints next month.

“As with all concerns voiced by our residents, we are following proper due process to review this matter,” Mikkelson said in a statement to The Star. “With a claim of this nature it is also important to consider that reputations are not harmed unfairly, maliciously or without cause.”

Mikkelson said the complaints are under review by the city’s legal counsel, and with that guidance, the council will “determine whether or not further investigation is necessary, or whether to dismiss the allegations as devoid of any merit.”

It’s the latest fuel added to the fire at Prairie Village City Hall. The housing debate, which has now morphed into a protracted political battle, has divided the northeast Johnson County city ahead of the Nov. 7 election, where half the council seats are on the ballot.

The city has been tied up in a legal fight with a group of residents — first formed to oppose any zoning changes —aiming to let residents vote on changing the city’s form of government, limiting mayoral powers and halving the council.

The city took the issue to court, but it wasn’t resolved in time for any such initiative to be placed on the ballot next month. Now, both sides are appealing a judge’s ruling, which deemed two of the three petitions invalid.

In the meantime, Sullinger has gone down his own path. Along with two founding members of the Northeast Johnson County Conservatives, Sullinger filed petition after petition in an effort to recall the mayor.

Johnson County District Attorney Steve Howe determined Sullinger’s complaints do not meet the legal standard to recall an elected official. But Sullinger, who describes himself as an independent not associated with the conservative group, isn’t giving up and said he plans to appeal that decision.

And now he has filed several complaints against the mayor and some council members, arguing they have violated city code.

Much like his recall petition, Sullinger accuses Mikkelson of having a conflict of interest because he sits on the board of United Community Services of Johnson County, which promotes solutions to homelessness and the affordable housing shortage. With the help of the county and cities, UCS conducted a housing study, which has led municipalities to consider changing their zoning laws and taking other steps to attract cheaper housing.

It’s common for mayors, council members and school board members to serve on the boards of nonprofits while also holding office. Mikkelson has previously recused himself when the council has discussed funding for UCS.

He also calls out Councilwoman Bonnie Limbird, who is seeking reelection, for serving on the UCS taskforce that was formed as part of that study, which was made up of several county and city officials and employees across Johnson County. Sullinger said Limbird “voted for her own work” when supporting affordable housing strategies at the city level.

Sullinger argues the officials violated the city’s code of ethics, which requires them to be independent and impartial, and “that public office not be used for personal gain.” He cited the city’s ethics code in his recall petitions as well, where Howe found no grounds to take action.

Sullinger also argues the mayor had an “unprofessional outburst” at a meeting more than a year ago, when Mikkelson stopped a man who was shouting from the crowd, and warned that he could be removed if he interrupted the meeting again.

Much of the other complaints regard council members’ social media posts on their personal or campaign pages that either discuss politics or criticize those working to restructure the city government and cut the council in half, which would have meant ejecting six members from their seats mid-term.

In one post, Councilman Ian Graves, who is up for reelection, wrote on his campaign page that a “radical group has decided that the residents here enjoy too much representation and are attempting to halve the size of the council via a confusing petition initiative. The best way to push back is at the ballot box.”

Sullinger accuses Graves of violating the ethics code, which says officials must act independently, saying he advocated “for an outcome that benefits Ian.” He also theorizes that council members could have violated the open meetings act because the “timing of the social media posts” and the “similar public language” used.

Graves argued that Sullinger “reinterprets standard legalese to suit whatever argument he is making, which is the basis for his ethics complaint.

Graves said that section of the ethics code, “is intended to prevent self-dealing, where someone would be advocating for an outcome where they would be making money. But that’s not what I’m doing. I’m making my position clear on a political group.”

Councilwoman Inga Selders, who also is up for reelection, was included in the complaint for posts she made on her personal Facebook page about the housing opposition group. She argued the ethics complaint is another attempt to oust council members and replace them with the slate of candidates supported by those who oppose the housing efforts.

“Prairie Village is just really overheated right now with a lot of political rhetoric, and this is more of that,” Graves said. “This seems like people trying to impact the political process through nonpolitical means. It’s unfortunate. Because the way you get things done is you elect people. We have an election coming up where everyone is contested. Vote for your person.”