Local, state officials unwilling to join Alcala lawsuit against Topeka

In allowing a lawsuit challenging the city of Topeka’s contract for an interim fire chief to move forward, a Shawnee County District Judge left the door open for other public officials to join the lawsuit, but those contacted by The Topeka Capital-Journal weren’t willing.

In the lawsuit that R.E. “Tuck” Duncan filed on behalf of state representative and former city councilman John Alcala, Duncan sought a temporary injunction to block the contract with the city of Goodyear, Ariz., to loan deputy fire chief Tim Wayne to Topeka. Judge Rebecca Crotty denied the injunction but acknowledged that others, including the District Attorney’s Office or a sitting council member, would have stronger legal authority to stop city manager Jim Colson’s contract.

“As noted by a number of Kansas cases, however, the State of Kansas — through the Attorney General’s office or the District Attorney’s office — would have standing to seek the relief that must be denied to (Alcala),” Crotty wrote. “Likewise, an active member of the City Council of the City of Topeka, too, would likely have the standing (Alcala) appears to lack.”

Many council members voiced concerns about how the contract was handled. For those with concerns, entering the lawsuit would ensure that the laws in place are followed, said Alcala, who served as councilman from 1999 through 2012.

“It would be them standing up for the citizens they represent and saying this is an error that needs (to be) corrected,” he said.

Part of Duncan’s lawsuit alleged Colson violated a city ordinance that dictates the city council approve contracted services for more than $50,000. The contract totals more than $80,000 if Wayne stays for the agreement’s six-month lifespan. But some governing body members were hesitant to get involved.

Councilwoman Elaine Schwartz said she was upset with the fact that Colson entered into the contract without seeking input from the council, but she didn’t believe the law was broken.

“You have to have injury, and I’m not sure how the council was injured,” Schwartz said. “We shouldn’t have to go through the courts to solve our problems.”

During a hearing last week, Colson said he doesn’t consider Wayne an employee of the city or the contract with the city of Goodyear as a procurement of services.

Also angered by Colson’s move, Councilwoman Sandra Clear said she considered joining the lawsuit but decided against it.

“I’m part of a team, and that’s a team decision,” she said. “I wouldn’t want to do something like that on my own.”

Agencies at the state level also were unwilling to act.

Assistant District Attorney Lee McGowan, spokesman for that office, said his office wouldn’t comment on the case at this time.

The office of Kansas Attorney General Derek Schmidt isn’t interested in the case, either.

“We are not involved nor do we plan to become involved,” Jennifer Rapp, public information officer, said in an email calling the case a local matter.