Kansas City Council Meeting: Sidewalk Audit and Boards Ethics Disclosures - May 12, 2022

The Kansas City Council met on May 12, 2022, to receive and discuss two audits: a follow-up audit of the Go KC Sidewalk Program and an audit of financial disclosure filings by boards and commissions. The council also approved minutes from the previous session and addressed other administrative matters.

Consent Calendar

• Approval of Minutes (April 28, 2022 business session): Motion by Councilman Parkshaw, seconded by Councilwoman Hall. Passed unanimously by voice vote.

Discussion Items

1. Follow-Up Audit of the Go KC Sidewalk Program

• Presentation: Doug Jones (City Auditor's Office) presented the April 2022 follow-up audit. The audit inspected two projects and found 164 sidewalk panels with defects, 665 missing expansion joints, and contraction joints that did not meet depth requirements (most were 0.75 inches deep instead of 1-2 inches). Public Works was not conducting warranty inspections; three projects' warranties expired without inspection. Auditor also found 85 defects on a project where Public Works identified zero. Public Works lacked a central tracking system for warranty expiration dates.
• Public Works Response: Assistant Director of Public Works (Udemanepale) acknowledged the findings and stated the department is implementing a construction checklist, hiring more inspectors in the new fiscal year, and revising specifications (e.g., changing contraction joint formula from T/3 to T/4). They will also add warranty tracking to the e-builder system.
• Council Questions and Discussion:
  • Councilman Bunch asked about tripping hazards at ADA ramps (pie wedges). Public Works stated they will stop using pie wedges moving forward and will use a gentle slope instead. Previous ramps have been painted yellow as a warning.
  • Councilman Bunch also inquired about pilot programs. Public Works reported that the socket cut method is eight times cheaper than full replacement, and rubberized sidewalks are performing well (results pending from UMKC). The department plans to offer a pilot in each council district.
  • Councilman Ellington raised concerns about contract oversight, asking how the city ensures value when contracts are not inspected. The Director of Public Works noted that an asset management system being developed will help track and enforce contract requirements.
  • Councilwoman Hall asked about grinding and mud jacking; grinding was discontinued due to complaints from people with disabilities, and mud jacking is expensive. The socket cut method is the cheapest option.
• Standards Adjustment: The Director of Public Works announced that a new standard for sidewalk closures (requiring protected accessible walkways on the same side of the street) will be released for public comment for 60 days before coming to council for approval.

2. Audit of Boards and Commissions Financial Disclosure Filings

• Presentation: Doug Jones presented the audit of conflict of interest disclosure forms. In 2021, at least 12 individuals (some serving on multiple boards) did not file required forms. The initial mailing list omitted members from two boards and included about 25% names not required to file. The disclosure form itself is outdated (e.g., lacks a fax number). The audit also found that two new boards were added to city code in August 2021, but dissolved boards remain in code. The city clerk's office had no procedure to collect disclosures before new members take the oath of office. Additionally, city code does not require board members to disclose financial relationships with the board they serve on (e.g., a Visit KC board member whose company contracted with Visit KC).
• City Clerk Response: Marilyn Sanders (City Clerk) was present to answer questions. The clerk disagreed with four of the nine recommendations. The clerk's office said it relies on board contacts and the mayor's office to keep information current, but faces frequent changes.
• Council Discussion:
  • Councilman Bunch expressed concern about the disagreements and asked how to ensure compliance. The city clerk noted that obtaining accurate information from departments is a challenge.
  • Councilwoman Hall suggested using interns to help with the process. She also noted that even elected officials face no penalty for failing to file personal financial disclosures.
  • Councilman Bunch (again) and Councilwoman Parkshaw called for consolidating boards and commissions. There are approximately 900 seats on over 50 boards, many of which are hard to fill.
  • Mayor Lucas supported creating stronger penalties for non-compliance, such as automatic removal from boards. He noted that appointees sometimes stop showing up without notice.
  • The City Attorney stated that the current ordinance provides for automatic resignation after a grace period, but that shifts the burden to the mayor to find replacements. The attorney agreed to research whether state law applies to the conflict-of-interest disclosure requirements and to propose an ordinance amendment requiring board members to disclose relationships with the board.
• Auditor's Note: Information related to a potential legal matter was withheld from the published report and would require closed session discussion.

Key Outcomes

• Sidewalk Audit: Public Works agreed with all recommendations and will implement a construction checklist, hire additional inspectors, revise specifications, phase out pie wedges, and improve warranty tracking. The council will receive updates on pilot programs.
• Boards Audit: The city clerk agreed with five of nine recommendations; the city attorney agreed to propose an ordinance amendment for disclosure of board-related financial relationships. The council will consider consolidating or eliminating some boards and commissions to improve efficiency and compliance.
• Nursing Mothers Rooms: Councilwoman Parkshaw introduced an ordinance for nursing mothers rooms that was not on the agenda due to a clerical error. She requested it be sent to the appropriate committee; the council acknowledged and the clerk will ensure it is added.
• Adjournment: The meeting was adjourned after the above discussions, with no closed session requested.