Keith Kelly is untouchable

The message from the Johnson County Commissioners Court today was "stay in school, kids".  A degree will get you numerous "do overs" and override ethical issues.  For context here's the remarks I presented to the court this morning in opposition to re-appointing Keith Kelly to the ESD board.

"I come to you today to request that you vote against re-appointing Mr. Keith Kelly to the Emergency Services District board.  2010 was marked with failures and controversy regarding the ESD.  From questionable election tactics to severe audit delays and bookkeeping issues, the organization did little to foster public trust in tax dollar stewardship and Mr. Kelly served as board treasurer through it all.  On those merits alone it would be prudent to have Mr. Kelly move on to other endeavors and bring in a new person for the position, but that’s just the tip of the iceberg.

You’re all aware of the voicemail message Mr. Kelly left for Joshua Fire Chief, Wayne Baker, last August.  I brought it to your attention in October when I emailed you the audio file and a transcript after the City of Joshua finalized our contract with the ESD.  Mr. Kelly was upset that the City of Joshua filed open records requests with his organization to obtain financial data after finding out that they had not completed their most recent audit.  He was clearly upset with our city and told Chief Baker to call him back “because it’s really going to matter how I’m going to present this daytime staffing”.  He finished the call with “if Joshua doesn’t want to play Joshua’s not getting the staffing.”  Daytime staffing of paid fire fighters was one of the major selling points for the ESD tax increase last year.  After hearing Mr. Kelly’s message it seemed where those fire fighters would be placed was dependent not on statistical data where they would do the most good, but whether or not Joshua would stop nosing around in the ESD’s business.  This is conduct unbecoming any appointed official to say the least and it amounts to manipulation of taxpayers funds.  That is not the type of person most taxpayers would want making decisions about their hard-earned money.  To vote Mr. Kelly to another term on the ESD is to acknowledge and approve of his behavior.  Your power over the ESD is extremely limited under current law so it’s imperative you take advantage of these relatively rare opportunities to affect that board and put in place the best possible people to work for all the taxpayers of the district.  Please oppose this appointment and let’s find a new candidate who will put the taxpayers first."

Facts are facts and that's exactly what I presented.  The court has previously kept the ESD issues at arms length somewhat due to limitations under the law, but when a direct action item was before them today to make a change they chose the status quo.  In doing so they have now chosen to engage in all that has transpired.  They've chosen not to put it off on the ESD as an independent agency, but to take it all upon themselves.  They listened to the facts I presented and either chose to believe they were not in fact true even though they have the evidence or they simply do not find them compelling enough to take action on.  Keith Kelly's appointer, Commissioner Jerry Stringer, spoke on the item ahead of the vote and provided us with Mr. Kelly's educational resume.  Apparently the fact that he has an MBA negates all his failures in his position.  Commissioner Stringer likes the fact that due to Mr. Kelly's education he can understand financial reports and communicate with the ESD's auditor.  I wonder if it was the financials that were not submitted to the auditor until a few weeks before it was due last year and then delivered 100 days late that Mr. Kelly spoke so clearly about?  Were the financial reports that he understood so well the ones that had the Executive Director tell us that the ESD may have a budget shortfall when they in fact they had quite a surplus?  Was it his expert budget development that continually showed "XXXXX" as the value for the paid fire fighter staffing until a week before the board would vote on a budget? (after adopting a tax rate)  Commissioner Stringer continuously attempts to demonstrate that Mr. Kelly has made a big difference in the ESD for the better, but the fact is he was put on the board in January 2009 and all these issues were discovered in the summer of 2010.  Had Mr. Kelly been in a private sector job he would certainly have been fired today.

I believe the court made a serious error today.  What's worse than the immediate implications of Mr. Kelly remaining on the ESD is precedence.  The court told all future ESD appointees today that Mr. Kelly's behavior is acceptable.

A.J.