By John Hanna, Associated Press, October 17, 2006

18 Oct 2006 // Having already broken with Attorney General Phill Kline over another issue, former Attorney General Bob Stephan is questioning practices related to his fellow Republican's raising money from conservative churches.

Stephan said Wednesday he is particularly upset that a church passed around its collection plate after Kline spoke there in July so that it could donate money to a for-profit company led by Kline's wife and paid by Kline's campaign for services. He called the incident "somewhat reprehensible," though he doesn't doubt its legality.

State law prohibits a state officer or employee from accepting speaking fees, and the ban applies even if the money ultimately goes to a third party on the officer's behalf.

But the state ethics commission has said the ban doesn't apply when someone isn't acting in an official capacity. The pastor of the church contributing to the company said Kline spoke there as "a brother in the Lord," not attorney general.

Kline told reporters that he discussed issues involving his campaign, the company operated by his wife and his appearances at churches with the state Governmental Ethics Commission's executive director so that he wouldn't run afoul of state law. Executive Director Carol Williams said conversations with Kline's campaign were after the fact.

The attorney general also said he and Stephan, who held the office from 1979 to 1995, disagreed over whether Kline should make convicted multiple murderer Reginald Carr an issue in his re-election campaign. Stephan said Kline had promised not to but later did so.

Stephan said he learned about the church's donation later, was troubled, and couldn't get detailed answers from Kline or his staff. He said he asked for those answers in writing.

"Frankly, I found it somewhat reprehensible. It's weighed on me, and I haven't known just how to handle it," Stephan said.

Kline said the Carr case was an issue between the two men but wouldn't say why Stephan ended his association with Kline last month.

"As far as these other things, I tried to call him and he didn't return my calls and that's been pretty much it," Kline said.

He added: "Everything we've done has been run through the Governmental Ethics. It's fine."
Seeking a second term, Kline is in a difficult and frequently bitter race with Democratic challenger Paul Morrison, the Johnson County district attorney.

Kline, a conservative, formulated a "church effort" to take full advantage of his support among conservative Christians. He put it in writing in an internal memo to his staff on Aug. 8, and someone leaked it anonymously to reporters. In the memo, Kline discussed political receptions held after services, directing his staff to get friendly pastors to invite "money people."

On Wednesday, a nonprofit watchdog group, Citizens for Responsibility and Ethics in Washington, asked the Internal Revenue Service to investigate.

Kline has repeatedly said his activities aren't putting churches' tax-exempt status in jeopardy.

"That's false," he when reporters asked the question Wednesday.

For years, Kline has spoken during services and before church groups about how he and his estranged father reconciled and about the importance of people having God in their lives.

After speaking at the Light of the World Christian Center in Topeka this summer, the congregation collected a $1,339 offering for SWT Communications.

"Phill Kline was in our church by invitation, not as the attorney general, but as a brother in the Lord who I understood had a powerful testimony of what Jesus Christ had done in his life," the Rev. Greg Varney said in a statement. "At no time here at our church did Phill bring up politics, re-election or campaign contributions."

Among other things, SWT, owned by Kline's wife, produces radio spots about historical events that are broadcast across the state. Kline said Wednesday it also operates a dog kennel.

The company donated $1,181 to Kline's campaign in June, and Kline's campaign paid $3,600 to SWT this year for storing documents and furniture.

Williams said neither the donations from SWT nor the payments to it appear to violate Kansas law. She said the church's donation to SWT came after SWT made its contribution, so there appears to be no questionable funneling of dollars there.

There's also the question of whether the church's offering to SWT represents an honoraria for a speaking engagement. Such a payment would be illegal even if it went to a company or charity of the state employee's choosing, Williams said.

But the commission has said the law wasn't meant to prevent state officers and employees who speak on subjects outside their jobs from being compensated. For example, Williams said, an employee who is an expert on Civil War history could accept a payment for speaking at a gathering for Civil War buffs.

Whether a payment crosses the line depends on the facts, she said. In keeping with the commission's long-standing practice, Williams would not comment on whether it is investigating or planned to examine Kline's situation.

"It may be a perception issue," Williams said.

As for Kline running such issues past the commission, Williams said she has had conversations with his campaign about activities involving churches, but can't remember any before the events in question.

Stephan said even though he was bothered by Kline's activities involving churches, the attorney general's citing of the Carr case during the campaign caused the rift.

Kline has repeatedly criticized Morrison for supporting a 2000 law shortening the time many offenders are supervised while on parole or probation.

Carr faces a death sentence for four murders in December 2000. He had previously served time on drug, theft and aggravated assault charges.
After his release on those charges in March 2000, the state ended its supervision of him prematurely.

Because of the law Morrison supported, Carr's supervision was shortened by a year and was supposed to end June 1, 2001. But an error by Department of Corrections employees led to Carr's release from supervision on Dec. 1, 2000 less than two weeks before the first killing.

Kline has said Carr's release from supervision is linked to the law, adding, "Bob refused to accept that fact."

Stephan called Kline's statement "a ridiculous stretch of the imagination."

He noted that in the 2002 GOP primary, he supported Sen. David Adkins, of Leawood, and Kline raised the 2000 law as an issue. Stephan said he allied himself with Kline, and Kline promised not to make Carr an issue again.

"I said, 'This is an absolute no-no because it isn't the truth,'" Stephan said. "It is certainly my impression that we had an understanding."

Stephan added: "We didn't have a disagreement at all. He did not keep his word."