In a sometimes-contentious meeting that stretched past midnight, the Unified Government Board of Commissioners voted Wednesday to suspend enforcement of local anti-discrimination provisions to comply with the current federal administration’s interpretation of anti-discrimination law, in order to to protect nearly $81 million in federal grants.

The 6-2 vote came after hours of debate over whether the county should proactively change its policies or wait to see how the new federal landscape plays out.

Commissioners later rejected a separate proposal to grant the legal department more discretion in prosecuting discrimination cases, instead voting 6-1 to table that measure. A more thorough review of the process was proposed.

Suspension approved to protect federal funding

The commission approved a resolution for “suspension of certain ordinances, resolutions, regulations, policies, practices, and customs” that are considered inconsistent with the executive branch’s current interpretation of federal anti-discrimination and immigration law.

Although the resolution itself doesn’t specify what provisions will be affected, it could cover a wide range of county anti-discrimination, set-aside, affirmative action, or diversity, equity and inclusion efforts.

Zee Bishop, deputy chief counsel in the UG’s legal department, explained that the resolution was necessary because the county cannot truthfully certify compliance with federal requirements while maintaining certain local provisions.

“The legal department has determined that unless we suspend certain sections of the unified government code, as well as certain regulations, policies, practices, and customs that are inconsistent with the current interpretation of federal law made by the executive branch of the federal government, we are unable to advise [UG officials] that they can sign those assurances, that they can make those certifications,” the veteran attorney told commissioners.

Bishop detailed the stakes. In fiscal year 2023, the county spent almost $28 million in federal funds. Department projections for 2024-2025 put federal fund receipts at just under $81 million. This funding supports 117 federally-funded staff positions and critical services including meal sites feeding 300 seniors weekly, 400 home-delivered meals to seniors, $4.7 million in WIC benefits serving 5,390 clients monthly, housing assistance, and the winter warming shelter.

The county has already faced federal scrutiny twice in nine months. Its AmeriCorps program was flagged in February for containing words like “health equity,” while the Community Development department’s action plan was initially denied in September for including “racial equity.”

Commissioners divided on approach

The vote split 6-2, with commissioners Andrew Davis and Melissa Bynum opposing the suspension.

Davis questioned whether compliance would actually protect the county from an “irrational federal administration” that has already canceled grants and shrunk workforces through other means. “Even if we try to comply with all of these things we still can see a shrinkage. We still can see a loss,” Davis said. “And I feel like that side of the conversation is not necessarily being explored.”

Commissioner Phil Lopez supported the resolution, characterizing it as necessary to avoid testing the federal government’s resolve. Bishop confirmed that the administration has sued municipalities over website language. She emphasized that the federal government has multiple ways to enforce its rules, including grant denials, clawback provisions that require repayment of spent funds, and even criminal penalties for knowing violations.

Commissioner Tom Burroughs highlighted what’s at stake. “We’re talking about job loss and employee layoffs, possibly termination because they won’t be called back if the federal funds are no longer there. Programs that will be eliminated or at the minimum impacted.”

Legal discretion proposal tabled amid calls for complete overhaul

In a separate but related matter, the commission voted 6-1 to table a proposed ordinance change to the language regarding legal department prosecution of discrimination complaints.

The legal department argued that the current mandatory prosecution language conflicts with attorneys’ professional ethics, which requires they use independent judgment and prosecutorial discretion. However, the discussion revealed numerous other problems with the existing code provisions.

Despite its good intentions, the ordinance is little understood and even less used.

Wendy Green, deputy chief counsel for the UG, revealed that the discrimination enforcement provisions have never been used, according to Angela Lawson, who has been with the legal department for over 15 years and is now acting chief counsel. The code references positions and processes that don’t exist, and officials couldn’t even clarify basic terms like “certification” or identify which penalties would apply if discrimination were found.

District 1 commissioner Gayle Townsend questioned the entire framework. “Let’s say that there is a finding of discrimination. What do we as the Unified Government do about that in terms of a penalty? Do we not issue certificates to somebody? Do we fine them? I mean, what is the penalty if there is a finding of discrimination?”

Green’s response: “We don’t know.”

Mayor Tyrone Garner proposed to table the measure, pointing out fundamental flaws in the process. “The language is outdated. The process hasn’t been from any knowledge been utilized [or] implemented,” Garner said. “I think you mentioned that the HR director was unaware that this even existed and if she doesn’t know that means staff doesn’t know. That raises a training issue. And if key people in the unified government don’t know, how is the community supposed to know that there’s a process?”

The motion to table passed 6-1, with only Commissioner Bill Burns voting no. Davis volunteered to lead a task force to comprehensively review Chapter 18 and develop a clear and effective discrimination enforcement process.

Rules for standing committee agendas

Earlier in the evening, commissioners debated procedural changes to how agenda items are assigned to standing committees. The issue arose when Bynum pulled the item from the commission’s consent agenda, noting that the version presented to the full commission did not match what the standing committee had approved.

The debate again centered on the distinction between “shall” and “may” — this time regarding whether the mayor has discretion in assigning items to committees or must do so according to established procedures.

Green clarified that the change would establish deadlines for standing committee agendas similar to those for full commission meetings.

Green noted that “shall” has been in the code since 1998, essentially since consolidation. Commissioners voted unanimously to approve the rules changes with “shall” intact.

$92 Million in Industrial Revenue Bonds Approved

The commission unanimously approved industrial revenue bonds for two major manufacturing projects that have recently opened facilities in Wyandotte County.

The board authorized bonds not to exceed $27 million for Marshalltown’s tool distribution center project. County Administrator David Johnston told commissioners that Marshalltown “opened their plant in the industrial park off Leavenworth Road, and they seem to be extremely happy in our community and are talking possible future investment.”

Commissioners approved bonds up to $65 million for the Marvin Lumber project at 9820 Leavenworth Road. Johnston described it as “a cleanup item that is driven by terms that were agreed to in the development agreement passed by you about just over a year ago and they just had their ribbon cutting and again they’re enjoying calling this place home.”

Shelley Kneuvean, CFO for the UG, presented an explanation of industrial revenue bonds (IRBs), which are issued in order to allow companies to get a sales tax or property tax exemption, not to borrow money to give directly to those companies. The bonds are immediately purchased, then later repaid by, the company they’re issued for, creating a low-risk incentive mechanism.

Support and skepticism for economic incentives

The bond discussions prompted public comment from both supporters and critics of the county’s economic development approach.

Monica Brede with the Wyandotte Economic Development Council spoke in favor of bonds for Mies Wholesale Foods, noting the project would transform a vacant industrial site generating $13,000 in annual property taxes into one producing over $1 million during the incentive period and $250 thousand annually once fully on the tax rolls.

Resident Steve Sessions challenged the commission’s entire approach to economic incentives. “Why are we continuing to allow public pay bonds to be issued? Why are we not making these private pay bonds?” Sessions asked. “These incentives aren’t bringing these companies here. They already want to come here anyways.”

Commissioner Phil Lopez drew a stark contrast between the treatment of local family businesses and large corporations seeking incentives. After the commission honored longtime businesses like Buzz’s Muffler, Memaw’s Bakery, and Pizza Stop — all decades-old fixtures on Leavenworth Road — Lopez pointedly asked during the industrial revenue bond discussion, “What kind of incentives did they get?”

Shelley Kneuvean, CFO for the UG, defended the approach, noting that while large-scale incentive packages like industrial revenue bonds target major capital investments, smaller businesses can access tools like the Neighborhood Revitalization Act for property tax abatements.

Lopez’s comments underscored a recurring tension in the meeting between celebrating homegrown entrepreneurs who built businesses without public assistance versus offering multi-million dollar incentive packages to attract companies from outside the county.

Bonner Springs revitalization program moves forward

The commission also approved an interlocal agreement with Bonner Springs for its Neighborhood Revitalization Plan No. 7, which provides property tax rebates for residential and commercial improvements.

Megan Gilliland, economic development manager for Bonner Springs, presented the proposal. “This program is used by homeowners and businesses in our communities as a property tax rebate for improvements that they make to their properties,” she explained. Over the past five years, 16 residential and three commercial properties participated in the program.

The new plan increases incentives for single-family homes while decreasing them for apartments. “We’re kind of trying to increase more in areas where we need housing and decrease a little bit on the apartment [and] multi-family,” Gilliland said.

Meeting extends past midnight

The lengthy agenda prompted the commission to suspend rules to continue past midnight. The board convened as the Land Bank Board of Trustees to approve 19 single-family home options, four multi-family options, and one commercial option, plus 15 property transfers.

The commission then reconvened as the Wyandotte County Board of Health for a presentation on the health department’s response to substance abuse, but decided due to the late hour to once again defer the presentation.

Three commissioners were absent: Christian Ramirez, Evelyn Hill, and Chuck Stites. Garner asked attendees to keep Commissioners Hill and Ramirez in their prayers as they navigate family matters.