Johnson County District Attorney Stephen Howe on Monday confirmed his office has received the formal request letter for the ouster of Prairie Village City Councilor David Morrison, and said he was in the process of determining next steps.
“It’s our job to review the grounds for ouster and see if the facts of the situation meet the statutory requirements for initiating ouster proceedings,” Howe said.
Kansas statute 60-1205, which lays out the ground for forfeiture of public office, provides four rationales for ousting a state, district, county, township or city official. They are:
- willfully engaging in misconduct while in office,
- willfully neglecting to perform any duty enjoined upon such person by law,
- demonstrating mental impairment such that the person lacks the capacity to manage the office held, and
- committing any act constituting a violation of any penal statute involving moral turpitude.
Should Howe determine that Morrison’s decision to provide his city hall security code to a homeless man with a drug history constituted grounds for forfeiture of office, he would initiate a civil procedure against Morrison, likely putting the issue before a judge in a process that would allow Morrison to offer a defense of his actions. Morrison waived the right to a fact-finding hearing before the Prairie Village city council.