Second Richard Ranzau recall petition rejected by DA’s office

The second recall effort against Sedgwick County Chairman Richard Ranzau lacks sufficient legal justification to move forward, according to the district attorney’s office.

Deputy District Attorney Ann Swegle wrote in her decision that the petitioners’ allegations did not tie Ranzau’s votes on public health to any failures to perform duties required by law.

The petitioners had argued Ranzau has rejected his oath of office and the county’s duty to provide for vulnerable residents as outlined in the Kansas Constitution.

But duties in the Kansas Constitution apply to the county government, not with individual county commissioners, Swegle wrote.

“This broad, constitutional provision does not require counties to pass any specific laws, nor could it,” she added. “Constitutional provisions are by their very nature open and expansive.”

Swegle called the petitioners’ attempt to tie one of Ranzau’s statements on welfare to a clause in the state constitution “factually, logically and legally unsound.”

Petitioners were referencing when Ranzau wrote “there is no charity in government welfare programs” in an email to one of the petition’s leaders in October.

The same group of Sedgwick County residents filed a petition against Ranzau last month. It was rejected for similar reasons.

This story was originally published December 14, 2015 at 4:43 PM with the headline "Second Richard Ranzau recall petition rejected by DA’s office."