As if his concern over the vacated street blocking measures of a former member of Mullinville’s City Council were not enough, councilman M T Liggett went further at Monday’s meeting when he broached a potentially criminal matter possibly involving a current member of the council.
Saying he was concerned over the disappearance of a diesel fuel tank with attached 12-volt electric pump that has been missing from the City shop since mid-summer, Liggett told the council, “If this fuel tank was taken by an individual you can handle it by executive session, but if taken by a member of the Mullinville city government you have to discuss it in open meeting. If we go into executive session and it’s discovered it was an elected official we’re in trouble.”
After a consensus was reached to discuss the matter in open meeting, Liggett proceeded to say the value of the missing tank was not the point of the matter. “The point is it was taken and it didn’t walk out of there by itself,” Liggett said, “and I’m not willing to drop it because a person has no right to take something that doesn’t belong to them.
“I understand it involves a member of this city council. That’s plain, damned old stealing.”
Neither Liggett nor fellow councilman Jerry Boehme ever mentioned by name whom they suspected to be responsible for the tank’s disappearance, referring instead to possible consequences if the culprit were in fact found to be a current member of council.
Liggett said that if the council refused to take action he would take the matter up with the Kiowa County Attorney.
“If this does involve a city government official they ought to resign and be prosecuted,” Liggett said. “I’m not mentioning any names here, but I did hear it was a member of this body. But I want that tank back. I don’t think that’s asking too much.”
It was at that point that Kiowa County Sheriff Galen Marble spoke up, saying he was present at the meeting because of his awareness of the possible theft being on the agenda, and said he’d be glad to address the matter in either open or executive session. The council agreeing by consensus to allow Marble to speak in open meeting, the sheriff said he’d received a complaint from a “citizen” in regard to the matter, and had been advised by him a complaint would need to be formally filed with his office since the matter dealt with city property.
He also said he’d discussed the matter with County Attorney Candace Lattin and they agreed that if the tank had indeed been taken without permission it amounted to theft. If taken by a council member, Marble aid, “It’s technically a misappropriation of public funds, but I don’t see the criminal intent in that. If it was a council member the council can vote to let it go as having been disposed of or vote to have the individual return it.”
The tank as well as a second without a pump had been advertised in The Signal as being for sale, but were kept in the shop when the ad failed to attract any suitable offers.
Though no exact date of disappearance has been established, City maintenance man Jason Gorache said the tank was not in the shop his first day on the job, which would have been July 14.
After the council voted to not let the tank’s disappearance be considered the end of the matter, Marble said, “The council can now request the individual return it. If they’re notified of that decision and they don’t return it, they can be investigated. As long as it’s returned that’s the end of it as far as I’m concerned. If it’s not returned the person who gave it away is guilty of misappropriation of public property. If no one in City government gave permission for the individual to take it then you can file a theft report.”
“Bring the tank back and we’ll drop it,” Liggett then said. “Don’t bring it back and I’ll come to see you, Mr. Marble.”
“Maybe we want to investigate where it is and who took it,” Mayor Andy Kimble said.
“If we go with the stealing part of it, will that put his (suspected thief) other job in jeopardy?” Councilman Jerry Boehme asked.
“Everyone over 18 is a big boy,” Liggett replied.
“I’m not happy with what’s happened,” Boehme said.
“We can’t let it go,” Liggett said. “What if we run an ad in the Mullinville and Greensburg papers saying the misappropriated diesel tank needs to be returned to the Mullinville City Building?”
The council later agreed to place such an ad with a deadline of September 5 to return the tank.
“The council can request a theft report if it’s not returned at council’s request and everyone involved would be investigated, but by the KBI since it involves a city government official,” Marble said.
Marble said he would attend the next scheduled council meeting of September 15 “to find out how you want to proceed.”
“Can we reprimand this person later?” Boehme said.
“We can take care of that then,” Kimble replied.
Present at the August 18 meeting were council members Paula Watson, Elton Martin, M T Liggett, Jerry Boehme and Mayor Andy Kimble. Absent were city clerk Susan Clayton and vice mayor/councilman Ben Lisec.
Greensburg, KS —
