Top Democrat: Investigate Kansas lawmaker accused of emotionally abusing boys

The top Democrat in the Kansas House on Monday called for an investigation into a GOP lawmaker who has been disowned by Republicans over allegations of emotional abuse of children.

A legislative investigation would be the first step toward removing the lawmaker, Rep. Michael Capps, from the Legislature.

House Minority Leader Tom Sawyer, D-Wichita, said a select committee should look into the allegations against Capps, R-Wichita, that date back to his time as a Court Appointed Special Advocate.

“To me, I think the speaker needs to appoint a committee and have the committee take a look at it and see what the evidence is and see what’s there. Obviously, it’s questionable whether he should serve,” Sawyer told reporters.

Sawyer’s comments, in response to a question about Capps, came as representatives were gathered in Topeka to elect legislative leaders. Democrats had elected Sawyer as minority leader a short time earlier.

Capps won election in November but was appointed to the House earlier this year. He defeated his Democratic opponent with 54 percent to 46 percent of the vote.

An investigation by the Kansas Department for Children and Families found that Capps had emotionally abused boys while he was a CASA, but didn’t say when the abuse was alleged to have occurred. Capps appealed the decision to the Office of Administrative Hearings, which reversed the decision.

The reversal was made because of a technical error and did not address the underlying facts surrounding the case, DCF has said.

The Kansas Republican Party, as well as House Speaker Ron Ryckman, R-Olathe, cut ties to Capps after the allegations became public in August. Capps called the allegations false and remained defiant in the face of pressure to resign.

Capps was dismissive Monday when asked about Sawyer’s support for an investigation.

“The election’s over. I’m not sure what somebody would want to investigate. The minority leader is certainly entitled to his opinion, but I think the speaker would be well served, just like the rest of us, to move forward with the business of the state,” Capps said.

House rules allow Ryckman to name a select committee if a complaint is filed against a lawmaker by another lawmaker. It does not appear a formal complaint has been filed against Capps.

The committee is allowed to dismiss the complaint or hold a hearing. The committee has subpoena power.

After the committee makes a recommendation, the House can vote to expel the lawmaker from the Legislature. A two-thirds vote is required to expel a member.

Ryckman – who previously called on Capps to resign – hasn’t said whether he wants to expel Capps.

“We’ve asked our attorneys to just look into options,” Ryckman said.

House Majority Leader Dan Hawkins, R-Wichita, declined to comment on Capps on Monday.

Short of expelling Capps, the House could also reprimand or censure him. As speaker, Ryckman can also refuse to assign Capps to committees.

Asked whether there will be a challenge to his membership in the Legislature, Capps said he is a duly-elected representative.

Capps said he expects he will be seated in the House.

“Sure. Why not?” Capps said.

He also expressed no concerns that the opposition to him from the Republican Party and Ryckman would make it difficult for him to be an effective lawmaker.

“Early indications with colleagues are we’re ready to find solutions for Kansas and move forward,” Capps said.

The Legislature reconvenes on Jan. 14.

This story was originally published December 3, 2018 at 4:40 PM.