(Updated to reflect voting scorecard below)
Gov. Laura Kelly’s nominee for commerce secretary weathered a firestorm of political controversy to narrowly win Senate confirmation Monday afternoon.
The Senate voted 23-14 to confirm David Toland, who has been fighting off questions about his economic development work as the head of Thrive Allen County for the last decade.
“I’m pleased the Senate voted to confirm David Toland as our secretary of commerce,” Kelly said in a statement.
“He represents the best and brightest this state has to offer,” she said. “His energy, expertise and collaborative style will ensure that businesses have the partner they deserve the Kansas economy continues to grow.”
Political enemies from southeast Kansas, including the vice chair of the Kansas Republican Party, had been working to torpedo Kelly’s nominee in the weeks leading up the Senate vote.
The Senate Commerce Committee recommended against Toland’s nomination after two days of hearings in which senators questioned his credentials, a Facebook post viewed as political and public comments he made supporting Medicaid expansion in which he appeared to challenge legislators’ decision-making.
A week ago, Kansans for Life came out against Toland’s nomination because of grants Thrive Allen County received from a memorial fund commemorating late-term abortion provider George Tiller, who was murdered in 2009.
The money went for smoking cessation and access to birth control for less-affluent women. Toland supporter’s noted that the money didn’t go toward abortions.
KFL’s presence did have an influence on the Senate floor but not enough to change the outcome of the vote.
Republican Sen. Rob Olson, who spoke favorably about Toland during the committee hearing, opposed his nomination on the floor because of the grants.
Olson said voting for someone who applied for those grants would go against what he represents in the statehouse.
“This is a struggle for me,” Olson said. “I did support him out of committee and said I would support him on the floor.
“I do have the right to change my mind when new evidence comes to light,” Olson said. “This has been a tough decision for me, but I think it’s the right one.”
Kelly stood by her nominee throughout the process, accusing the Senate committee of “theatrics” and playing games with the nomination of a candidate she believes is supremely qualified to run the Commerce Department.
Toland’s supporters said he suffered the consequences of his work in Allen County, where among other things he was credited for the development of 20 miles of new trails; voter approval of a new critical-access hospital; and passage of a law to increase the smoking age in Allen County to 21.
They believe, among other things, his work on the new tobacco law stirred opposition that came back to haunt him during his confirmation fight.
Toland enjoyed widespread support from economic development groups in the state, including Overland Park, Lawrence, Lenexa, Shawnee, Manhattan, Kansas City, Salina, Pittsburg and Emporia.
More than 40 of those groups representing 12,000 businesses across the state came out in support of Toland last Friday.
Democratic Sen. Vic Miller sarcastically wondered how anyone with no economic development experience could draw support from so many quarters of the state.
“When I look to advice on areas of economic development and commerce, I do look to my chamber and I have relied on the advice of my chamber of commerce in public office for decades and I respect their opinion,” Miller said.
“To think that they would sign off on some individual that I’ve heard is so unqualified is just more than I can handle,” he said.
Toland’s supporters compared him to former Commerce Secretary Antonio Soave, who was appointed by former Gov. Sam Brownback and was later forced out when he steered state contracts to friends and business partners.
Toland, who was Kelly’s campaign treasurer, also worked for six years as an appointee of Washington, D.C., Mayor Anthony A. Williams.
Toland served in a variety of roles in the district, including deputy chief operating officer in the office of the deputy mayor for planning and economic development.
He was later appointed as chief of staff in the office of planning, where he led the legislative effort to obtain city council approval of the 2006 overhaul of the city’s controversial comprehensive plan.
Toland also has worked for the city managers of Reno, Nev., and Bonner Springs, Kan.
The vote
For confirmation: Berger, Bollier, Bowers, Doll, Estes, Faust-Goudeau, Francisco, Givens, Goddard, Haley, Hardy, Hawk, Hensley, Holland, Longbine, McGinn, Miller, Pettey, Skubal, Sykes, Taylor, Ware, Wilborn.
Against confirmation: Alley, Baumgardner, Braun, Denning, Hilderbrand, Kerschen, Lynn, Olson, Petersen, Pilcher-Cook, Pyle, Rucker, Suellentrop, Tyson.
Absent or Not Voting: Masterson, Wagle.
Present or passing: Billinger
