Wichita city officials are reviewing a commercial from the group behind a proposed citywide sales tax to see if it violates city policy.
The investigation comes just days after a Sedgwick County official referred a mailer by the same group to the Sedgwick County District Attorney’s office for investigation.
The commercial is from Wichita Forward, a nonprofit group formed by several local business leaders in the fall to push for a 1% citywide sales tax. The group successfully petitioned the City Council to call a March 3 special election on its sales tax proposal.
The proposal would direct up to $850 million over seven years to a group of specific funding initiatives. Included in that money is up to $225 million that would be set aside for new police equipment and fire stations, vehicles and tools.
Those carve-outs netted the plan endorsements from both the Wichita Police and Fire Foundation and the Local 135, the Wichita-branch of the International Association of Fire Fighters union.
A new commercial highlighting that endorsement is now at the heart of a debate over whether the Wichita Forward campaign has run afoul of the city’s policy for employees and political campaigns.
The ad
The ad opens with several aerial shots of Wichita Fire Station 1 at the corner of North Main and West Murdock. The commercial cuts to a local firefighter identified as “Warren” and “Wichita firefighter.”
Warren sits inside a brick building by a large windowed garage door. In the commercial, Warren says that “my brothers and sisters wake up every morning to make sure they can help you prevent the worst day of your life.”
The commercial cuts back to a view of the station doors opening on Engine 105 — the reserve engine that’s currently serving as Engine 1 for the department. There are some shots of two firefighters walking in front of the station wearing hoodies with “Local 135” designs, some b-roll of a Wichita Police Department car and then a closer shot of Warren wearing a Local 135 T-shirt.
“We take pride in keeping Wichita safe, but we know we can do more,” Warren says in the ad. “We have an opportunity to invest in Wichita’s safety to make sure we have the resources we need to keep you and your loved ones safe.”
The commercial cuts back to a close shot of a firefighter getting into Engine 105 and then a close up of the station’s Squad 1 car driving out of the station and down the street.
As shots of Wichita’s skyline play, Warren says “on March 3, say ‘yes’ to Watch Wichita Win.” Watch Wichita Win is what Wichita Forward has dubbed the sales tax campaign.
The response
The airing of the ad last week triggered a shot-for-shot review of the commercial by some residents.
Opponents of the tax quickly raised the possibility that Warren and Wichita Forward violated city policy and state election law.
City Council policy prohibits city staff from allowing city facilities to be used for "political, charitable and/or commercial uses.”
While a human resource policy manual for city employees recognizes that “as private citizens, employees may participate in all political activity,” it also states that “city facilities, equipment and uniforms may not be used in any political activities.” The handbook says employees that violate the city’s political activity policy can be disciplined or fired.
Bill Stout, a former Sedgwick County Sheriff’s officer, raised that point during a recent city council meeting.
“The problem is it was filmed in a fire station, using a public employee,” Stout said. “It’s a clear violation of city policy to have a city employee take a public stance on any issue on an agenda or campaign.”
Stout said he was “disgusted” by the ad.
“I’m disgusted by the fact that someone allowed it to happen,” he said. “I’m disgusted by the continued efforts of the Wichita Forward to influence the special election — one that many of us think should have never happened in the first place.”
Both Wichita Forward and Ted Bush, the president of Local 135, said that’s not what happened.
Wichita Forward said it followed the city's “requirements and remains dedicated to strengthening public safety investments which allow our first responders to do their job more effectively.”
Bush said that after the union decided to endorse the sales tax proposal, Wichita Forward approached the union about being part of an ad campaign.
The firefighters union has repeatedly warned that the city’s stations are past their usable life and are dealing with issues of mold, lack of heat, water leaks and rodents. They’ve also raised the alarm about what Bush said is an ineffective equipment replacement program that leaves fire crews driving 20-year old engines “that stop on the way to an alarm.”
Bush said he got in touch with Wichita Police Chief Tammy Snow to let her know that the union planned to participate.
“She assured me that as long as it was not inside a fire station, that he [Warren] was not on duty, that he was not in uniform — she had no problem,” Bush said. “She understands that he was representing Local 135 Wichita firefighters in his statement, and she was fine with that.”
Bush said the commercial was shot outside of the fire station “from a public easement.” The interview with Warren was shot while he was off duty, wearing union clothing and at a studio on North Mosley street in Old Town.
“That’s the facts, and that’s what we have to stick with,” Bush said. “Unfortunately, I think there’s chaos around the tax, and the anti-tax people want to cause more chaos, so they’ll use false information to do it. “
Bush said two other commercials with representatives from the local police union and Second Light multi-agency resource and homeless shelter were filmed at the same location and time.
The ad with the police union member has received considerably less pushback, perhaps in part because the studio space in interview shots looks less like a police department and more like a fire department.
Bush said he finds the whole thing to be a leap in logic.
“There’s literally thousands of buildings that have overhead doors in them,” Bush said. “I mean if I stand next to a wooden door — we’ve got wooden doors inside fire stations — does that depict a fire station?”
Some members of the public are calling for an investigation despite Bush’s explanation. City Manager Dennis Marstall said city staff are reviewing the ad “to determine if any action is warranted.”
“Should the City receive reports of employees using work time or resources advocating a position related to the sales tax referendum, we will investigate and take appropriate action,” Marstall said in a statement. “The City of Wichita is, and must be, a neutral party regarding the sales tax referendum on March 3.”
Bush said Chief Snow reached out to him, but that the union has not heard from the manager’s office.
“We’ll accept our neighbors’ decision,” Bush said. “That’s okay, we’ll move forward. This was just an opportunity to say, ‘Hey, can we do things differently?’”
