Wichita council member hit with ethics violation after altercation with lawmaker

Wichita City Council member Brandon Johnson violated the city’s ethics ordinance for his part in an altercation with Kansas Rep. Ford Carr at a Topeka bar earlier this year, the Wichita Ethics Board ruled Thursday night.

Johnson will not be fined for the violation because of “the extenuating circumstances of the repeated provocations and physical aggression of Carr,” the ethics board’s official report says.

Johnson did not respond immediately to a request for comment Thursday night.

The violation stems from a confrontation between Johnson and Carr at Topeka’s Celtic Fox bar, near the Kansas Statehouse, where the city of Wichita, Sedgwick County and the Wichita Regional Chamber of Commerce were hosting a reception. The two officials argued about the governmental response to a massive groundwater contamination crisis identified in both of their districts near 29th and Grove in Wichita.

Multiple witnesses at the bar recorded video of the incident on their cell phones, and it was reported widely. A Kansas House committee on Wednesday deadlocked 3-3 along party lines when considering whether to censure or reprimand Carr.

Brad Couch, who filed the complaint against Johnson, alleged Johnson “used vulgar and racist language, provoked an assault, challenged an elderly man to engage in a physical fight, used offensive language which disturbed the peace in a public place, and refused to calm down.”

Couch said Johnson’s conduct violated the ethics ordinance rules that require city officials to be “dedicated to the ideals of honor and integrity, conduct themselves so as to maintain public confidence, address constituents’ concerns, and work in full cooperation with other officials.”

The Wichita Ethics Board, which deliberated on the report outside of public view during an executive session and made no public comments on the decision, found Johnson did not violate three of the four sections Crouch alleged he did. But it did find that he violated the section that requires city council members to “be dedicated to the ideals of honor and integrity in all public and personal relations.”

“While both the video and witness testimony made clear that Council Member Brandon Johnson did not initiate the altercation and in fact was repeatedly provoked, he does bear some responsibility for not having done more to de-escalate the situation by removing himself from the scene earlier and for his choice of language,” the ethics report says. “While the Ethics Board understands the emotional reaction Johnson had to Carr’s conduct, it could not overlook that Johnson’s conduct was unbecoming of an elected official.”

During the altercation in Topeka, Johnson, 39, and Carr, 59, argued loudly. Both stood up at a table and had to be separated by other officials in attendance.

“I don’t have a problem beating my elder’s ass,” Johnson told Carr at one point during the Jan. 22 argument.

The ethics board’s investigation included a review of the videos and testimony from Johnson and witnesses who are not identified in the report. Carr was not interviewed.

Johnson told ethics board investigators that the dispute with Carr included text messages prior to the argument that he interpreted as threatening. He said Carr stood up in a threatening manner and he stood up “in a defensive posture.” Johnson said Carr “nearly knocked over Wichita Mayor Lily Wu.”

Johnson said he was defending himself and his solution to the chemical spill. He and several witnesses interviewed by the ethics board said he did not use any racist language, provoke an assault or challenge “an elderly man to engage in a physical fight.” Johnson and witnesses said he did use vulgar language.

The report also includes details that had not been previously disclosed publicly.

After the video, which ends after Johnson leaves the bar, the argument apparently spilled out into the Topeka streets, where Carr “continued to try and fight Johnson outside,” the ethics report says.

“One witness walked out with Johnson to the sidewalk and said they were ready to walk away when Carr came out the door. Witnesses said Carr further provoked Johnson again using profanity. They had to be separated. The outside conversation and interaction lasted between one and two minutes,” the report says.

Carr, contacted by phone after the meeting Thursday night, disagreed with his portrayal as the aggressor.

“I’ve never been an instigator,” he said. “I said what I said and he chose to begin to elevate his voice and put his finger in my face. So, you know, for me, that’s a threat.”

Carr said he’s disappointed but not surprised that the ethics board did not reach out to get his side of the story.

“They probably should have at least asked my side of the story instead of just making me out to be some kind of a demon,” he said.

“Regardless of how I feel about him personally,” Carr said, “I still hate the fact that, you know, that even at the city level, they would attempt to make such a big deal out of what is actually nothing more than two men in an argument.”

The ethics report is not final for seven business days. Johnson and Crouch can appeal during that time and ask the board to reconsider its decision.