4. On October 15, 2008, Kristian D. Van Meteren filed an additional amendment to hiscomplaint with the Kansas Governmental Ethics Commission. The complaint form contains thefollowing instruction:“
CONFIDENTIALITYOnce a complaint is filed with the Commission, such filings and the allegations containedtherein are confidential and may not be disclosed except as otherwise provided by law.(K.S.A. 25-4161, K.S.A. 46-256).
5. On October 15, 2008, an article written by Phil LaCerte appeared on the website“Kansasliberty.com” entitled, “New campaign finance charges leveled against (name redacted).”The article contained direct quotes from the September 18, 2008 letter sent by Ms. Williams toKristian D. Van Meteren, including the language stating that the complaint was to be keptconfidential. The article also contained direct quotes from the complaint filed by Kristian D. VanMeteren.6. On October 17, 2008, Mr. William Beightel, investigator for the Kansas Governmental EthicsCommission, reminded Kristian D. Van Meteren in a phone conversation of the statutoryrequirement that he not disclose the existence or details of the complaint filed by Mr. VanMeteren. Mr. Van Meteren responded, “It’s already all over the web.”7. On October 19, 2008, an article written by Tim Carpenter appeared on the website“CJonline.com” entitled, “Ethics inquiry examines spending from campaign account.” Thearticle contains details from the complaint filed by Kristian D. Van Meteren and direct quotes byMr. Van Meteren. The article also cites Carol Williams in reference to the statutoryconfidentiality requirements of complaints filed with the Kansas Governmental EthicsCommission and the Commission’s investigation of Mr. Van Meteren’s breach of theconfidentiality requirement by speaking to the reporter for the article. The article stated Mr. VanMeteren’s response was “I’ll pay the fine and exercise my free speech.”8. On October 22, 2008, Mr. William Beightel filed Complaint # 424 against Kristian D. VanMeteren alleging two counts of violating K.S.A. 25-4161(b):“
Count 1) K.S.A. 25-4161(b) Complaint Confidentiality
On or about October 15, 2008,Kristian D. Van Meteren disclosed to Phil La Certe, blogger for KansasLiberty.com, thefiling of and allegations contained in Complaint No. 422, filed by Kristian D. VanMeteren on September 17, 2008, amended on October 8, 2008 and amended on October15, 2008, in violation of K.S.A. 25-4161 (b) and K.A.R. 19-6-1.K.S.A. 25-4171 provides that intentional violation of the confidentiality provision of K.S.A. 25-4161 is a class A misdemeanor.
Count 2) K.S.A. 25-4161(b) Complaint Confidentiality
On or about October 15, 2008,Kristian D. Van Meteren disclosed to Tim Carpenter, reporter for the Topeka CapitalJournal, the filing of and allegations contained in Complaint No. 422, filed by Kristian D.Van Meteren on September 17, 2008, amended on October 8, 2008, and amended onOctober 15, 2008 in violation of K.S.A. 25-4161 (b) and K.A.R. 19-6-1.