February 9, 2016

Censure motion dies from lack of a second

Danedri Thompson
A motion to censure council member Larry Fotovich died for lack of a second during a May 19 meeting.
Council member Tory Roberts moved to censure Fotovich, because she said he does not live in Gardner, and his remaining on council is immoral.
After the motion died, Fotovich asked Roberts on what she based the desire to censure.
“I haven’t done any sleuthing,” she said. “I’m not stalking. I don’t have any facts. I feel like your intent will be to live in Olathe soon.”
Fotovich closed on a house in Olathe recently, but also owns a house in Gardner. He is registered to vote at the Gardner address.
“You do not have any facts. The burden of proof is on you,” Fotovich said. “You basically called me immoral. I still have to ask you what the basis is.”
Council member Heath Freeman said he would have offered a second to the motion. However, Freeman said he wanted to wait for council member Steve Shute, who did not attend the meeting.
Gardner Charter Ordinance 19 requires council members to be suitable electors of the city, which means members must be registered to voter of Gardner.
City council members agreed to change Charter Ordinance 19 during the same meeting, however they did not approve changes to strengthen residency requirements. Instead, the city’s eligibility for office will reflect language in state statute, which requires that council members be qualified electors, or registered Gardner voters.
Charter Ordinance 26, when it is formally adopted, will change how members are appointed to the council when a vacancy occurs. Currently, the mayor appoints into vacant council seats with council approval. Under the current ordinance, council members cannot reject a mayoral appointment without first writing a formal reason for the rejection, which could create a legal issue for the city.
Under the proposed new ordinance, council members would appoint into vacant seats. The process, which is not fully defined in the proposed ordinance, would allow the full council to take up or down votes on applicants for council vacancies. The discussion and votes would be public, but council would not be required to submit a formal, written reason for not appointing an individual into the office.
The proposed ordinance would also change the city’s definition of a quorum. In order to conduct business, the council requires at least four voting members present. The proposal would keep that language, but if a council vacancy occurs, the number for a quorum would drop to three council members.
Though council members agreed to adopt the proposed Charter Ordinance 26, state law requires that the proposed changes be published twice in the city’s official publication of record, The Gardner News, and then wait 61 days.
Fotovich said the changes to Charter Ordinance 19 were years in the making.
Almost five years ago, Fotovich said, three council members signed a letter asking that changes to how the mayor makes appointments to the council be put on the agenda. Their signatures lead to a recall election, which saw Mary Peters and John Shepherd removed from office. Former council member Dan Thompson resigned after the recall election.
“It shouldn’t be forgotten that those three people all tried to do what we accomplished today,” Fotovich said.
In other business, council members:
• conducted a public hearing and authorized the mayor to execute an application for a 2015 Community Block Development Grant. The city is seeking $100,000 in grant money to fund repairs to sidewalks and access ramps to make portions of downtown Gardner compliant with the Americans with Disabilities Act.
• declared a property at Gardner Lake as surplus real property. By declaring the property surplus, the city can consider selling the parcel of land. The neighbors adjacent to the property, Mike and Joyce O’Connor, requested the city consider selling the parcel, because they would like to buy it and build a garage. City staff recommended that the council deny the request, because there is already limited public access to city-owned Gardner Lake. However, council members agreed to consider the sale.
• approved a contract to begin the installation of traffic lights at the intersection of 183rd Street and Center Street.
• approved right-of-way vacancies near the new school.


  1. Judith Rogers says:

    I would encourage all citizens to review the video of this Council meeting, especially the portion where Councilwoman Roberts asks for the censure of Councilman Fotovich, not based on facts as she herself states, but on her “feelings” and the “feelings” of a few citizens here in Gardner. I believe Councilman Fotovich handled himself in a very responsible manner considering how he has been met with ignorance, fear, hate and lies once again just like three other Council members were hit with 5 years ago. History repeats itself and mostly by those who don’t learn from history but continue down the aisle of wrongdoing based on ignorance, fear, hate and lies.

  2. amused citizen says:

    Judith you speak of a few people who are wishing that a person who is going to move from Gardner to step down from a position on the Gardner city council. It was over 150 people who signed for him to step down. Five years ago the voters of Gardner voted to annex the land that is now home to the intermodal. Those three people you speak so highly of voted to go against the citizens and de annex the land. So why is it that you are supporting people who had a track record of going against the people of Gardner? Or do you feel that the people who did vote are too stupid to make the right decision and those three and Mr Fotovich of Olathe are better to make all our decisions. Thanks and have a great day.

  3. Judith Rogers says:

    You need to review how Council members voted with respect to de-annexing the land and why they voted as they did – that is unless you are too stupid to do so. Also you might want to read the Petition for Recall of Elected Official that Ryan Beasley, Jared Taylor and Charles Clark were responsible for and also understand very clearly that the Dist. Attorney stated Mary Peters DID NOT violate the Kansas Open Meetings Act. There were thousands of citizens who signed a petition stating they DID NOT want the intermodal project and that petition was submitted to the Gardner City Council – many more citizens than your 150.

    FACTS should always be considered over hate, lies, fear, ignorance but as we have seen down through history the herd mentality is around with many adverse affects and all in this area are living with them and will suffer from them.

    Thanks and have a great day.

  4. marcopolo says:

    “that is unless you are too stupid to do so.”
    That was a very rude comment. I think your point could be made with out the rudeness. People would take you more serious.

  5. Judith Rogers says:

    I don’t worry too much about rudeness to people who don’t deserve anything else, especially those who are cowards and don’t take ownership of their comments but sure are the first ones to jump on the hate, ignorance, fear and lie wagon.

  6. Judith Rogers says:

    Well, the censure BS continued again last night at the Council Meeting. It is amazing to me that 3 Council members, Shute, Roberts and Freeman, are asking for a resolution and censure NOT based on FACTS AND LEGALITY. They all admit Fotovich has a LEGAL right to remain on the Council but that is not enough for them. Oh, no, they indicate they will NOT govern on the basis of FACTS AND LEGALITY and that should say a hell of lot to any decent law abiding Gardner citizen in my estimation.

    It is the same ole cronyism, conniving and manipulation to get certain individuals what they want and the hell with FACTS AND LEGALITY. Those three Council members, Shute, Roberts and Freeman, better be thinking about what they are doing and standing tall for. They certainly were talking out of both sides of their mouths last night and certainly not qualified to be “judges” by any means, especially when they just completely by-pass facts and legality. Typical Gardner BS, ignorance, hate and fear with many adverse affects with that type of governing.

Comments do not necessarily reflect those of The Gardner News, or staff. By posting, commentators assume all liability. Please contact webmaster to report comments that infringe on copyrights, or are of a profane or libelous nature. Webmaster reserves the right to edit or remove content deemed offensive.


Speak Your Mind