Kansas House Democratic Leadership Paul Davis Jim Ward DEMOCRATIC LEADER ASSISTANT LEADER Barbara Ballard Marti Crow Eber Phelps indy Neighbor CAUCUS CHAIR AGENDA CHAIR DEMOCRATIC WHIP POLICY CHAIR. February 22, 2010 House Speaker Mike O'Neal 300 SW 10" Avenue Topeka, Kansas 66612 Dear Mr. Speaker, ‘The class action lawsuit, Kansas Building Industry Workers Compensation Fund, et al. v. State of Kansas- of which you are lead attorney- has raised tremendous concerns throughout the general public and the Kansas Legislature. We had hoped you would openly explain your involvement inthis case when you filed the petition ‘on Januaty 21, 2010. Unfortunately, you have declined to address unsettling issues, ‘We respectfully request that you recuse yourselfand your law firm from this case. The House cannot work through a $400 million deficit when the budget process has been compromised. Failing to recuse yourself and ‘yout firm will send a clear message to the people of Kansas that you are more interested in soliciting legal work for yourself than solving the state's financial crisis. It would be a disservice to the leadership position you hold, the legislative body you lead, and the constituents you represent to continue taking part in this suit. ‘This request is substantiated by the following 1. Itis problematic, ifnot impossible, to reconcile your public role as Speaker of the House with your obligation as these special interests’ private attorney. As Speaker, you determine the agenda ofthe Kansas House of Representatives. As private attorney, you are paid to fervently defend the cause of your clients. Your clients are some of the most influential special interest groups in Kansas politics and have business before the Legislature regularly. You have already cast a number of votes that furthers their cause. This can easily be perceived as a conflict of interest, 2, The circumstances and timeline under which this lawsuit coalesced are deeply troubling. You have voted in favor of special fee fund sweeps on multiple occasions in the past. Although you have also voted against some sweeps, you have never submitted a formal protest against a sweep until June 2009. ‘This raises the suspicion that you took this action only to satisfy a particular statute that would enable you to provide legal representation in this case. We all have jabs outside the Statehouse that we juggle with our legislative duties during the session. However, this is yet another example of how the nature of this suit ~ and your relationship with special interest clients- fogs the line between Speaker of the House and private attorney.3. Considering your unique relationship with the plaintiffs in both public and private capacities, your contract as their counsel should be made public. Are you collecting an houtly rate only, a contingency fee only, or a combination of the two? Kansans deserve to know specifically how much you stand to personally profit feom this case, especially since evidence suggests that you sought this private business opportunity from the vantage point of your public position. ‘This is about propriety and public trust. As Speaker of the House, you havea commanding role in the appropriations process. Concurrently, you are challenging a specific appropriation as a private attorney on behalf of special interest groups. ‘This provokes reasonable uncertainty about which tole you play when you sit in the Speaker's chair. It puts the integrity of the entire legislative institution at risk. In the past you have been ardently opposed to the judicial branch dictating appropriations in court, In fact, you noted in your official response to the Governor's 2010 State ofthe State that lawsuits against the state “force the state to spend more tax money to defend itself when itis well known that there are insufficient fands under current circumstances to do all we would like to be able to do.” Your lawsuit is no different. We sincerely hope you will voluntarily do the right thing for the people of Kansas and bring this controversy to anend. However, we are prepared to take formal action if you do not. ‘We look forward to your timely response, Key ‘od Lois a Peps Paul Davis Eber Phelps Democratic Leader Democratic Whip Barbara Ballard ‘Marti Crow Cindy Neighbor Caucus Chair ‘Agenda Chair Policy Chair (Ce; Members of the Kansas House of Representatives, Members of the Kansas Senate