(Updated to include comment from the Senate’s top Democrat)
The Kansas City Board of Public Utilities has removed longtime state Sen. David Haley as its president after finding that he violated an ethics policy that bars an elected official from using their office for personal gain.
The board voted to censure and remove Haley from his position as president after an investigation found that Haley listed his domestic partner as a spouse on his health insurance benefits plan. His partner has been getting benefits since 2021.
He was accused of not providing required documents for common-law marriages.
The action comes with Haley seeking reelection to the Board of Public Utilities in a race against former Unified Government Mayor David Alvey.
BPU board member Brett Parker, a former state lawmaker, said it was clear that an improper benefit was given in this case.
He said the only question was whether Haley intentionally tried to obtain the benefit.
“As I think through it, I think that someone elected to this board with the credentials that they bring to that, likely knows how to fill out an enrollment form and what is acceptable and what is not,” Parker said during Tuesday night’s meeting.
“Having gone through enrollment processes myself many times, I’m having a hard time coming down on the side that it was an honest mistake rather than an attempt to get an extra benefit,” he said.
Haley told the board that he was open about his relationship and that he had permission to list his partner of 15 years on the enrollment form from the former general manager and the former benefits manager – a point that is disputed by BPU staffers at the time.
“At this point, we’re building up a pretty good list of people who independently have a different account,” Parker said.
“It’s up to us to decide whether or not the policy was violated…based on the evidence presented,” he said.
“To me, there’s a lot more evidence saying this special permission didn’t happen because we have it independently accounted for by several people whose job it is to work in enrolling people,” he said.
“We have at least three now saying that a conversation that was alleged to have happened didn’t happen,” he said.
Haley said there was full disclosure of his relationship to his partner and she was enrolled in health benefits, a claim that was greeted with skepticism from other board members.
He said he was not trying to be deceptive or commit fraud. He said he disclosed that he wasn’t legally married when he enrolled in the BPU’s benefits plans.
“I had authority from who I thought was the one who could authorize..that was the GM and the HR person, at the interview to list as my spouse someone that I’m not legally married to,” Haley said.
“The long and short of it is, I was told that it’s all right to list her as my spouse.”
In retrospect, Haley said he should have gotten the BPU staff to put in writing that he had permission to list his domestic partner as a spouse.
“I disclosed forcefully and repeatedly that I was not legally married to a friend and I was told it was OK…to list my significant other of some 15 years in the spouse section,” he told the board.
But other board members said it didn’t matter whether he was trying to deceive the BPU staff, but whether he intentionally tried to get a benefit for personal gain that wasn’t available to any of the agency’s 500 other employees.
Parker said for him to side with Haley, he would have to believe that three BPU staff members were lying, that Haley didn’t know what he was doing when he applied for the benefits and that the BPU general manage agreed to give him a benefit not available to others.
Haley told board members he was concerned about what this incident would mean for his reputation after years of public service.
“Google me,” Haley said. “There’s no history in all my time of anyone suggesting I’ve done anything untoward, ever, in all of my elected years. So, it becomes a smear, a mark on my name that should not be there because I didn’t do anything.”
Haley said the investigation was a good exercise in practicing ethics but said he found the manner in how it was handled “distasteful.”
Parker said he understood Haley’s concern about having his credibility questioned. But Parker asked about the credibility of the BPU staff.
“In order to believe your credibility, I have to undermine the credibility of at least three other people and believe that the general manager at the time…gave you a special benefit not available to anyone else,” Parker said.
“I am having a hard time disbelieving the other people with different accounts and then, even if I do that, believing that the general manager at the time would have said anything remotely in the ballpark of what we’re discussing here now that goes against every other practice for 500-plus employees.”
By Thursday afternoon, the Senate’s top Democrat, Dinah Sykes of Lenexa, issued a statement addressing the matter.
“The allegations against Sen. David Haley that led to his ouster as president of the BPU are serious. Kansas legislators, to be worthy of the public’s trust, should uphold high ethical standards,” Sykes said.
“My office is closely watching the developments in this matter. I believe in due process and we must follow that course.
“If the allegations against Sen. Haley are true, we must protect the public trust. We must ensure that the people of the Fourth Senate District are represented by a person whose behavior adheres to the standards I expect of my caucus and all Kansas legislators.”
