Kansas City NNSA/Honeywell Watch

Press Release

Contact:

Ann Suellentrop, (913)271-7925

Rachel M. MacNair, Ph.D. (816)753-2057

KC Peace Planters is pleased to announce that it has prepared two new petitions to place measures on the ballot, with the campaigns to gather signatures to run simultaneously.

While we did gather a sufficient number of signatures to place a previous measure on the ballot, the City Council declined to place it on the ballot and the judge at the Circuit Court was concerned about the involvement of federal agencies. Because our attorney advised us that the nature of federal litigation was such that we could get a measure on the ballot more quickly, cheaply, and surely by using all that we had learned in this process and running another initiative campaign, we decided that this was the better route.

The first petition is based on this premise: if the City’s financial involvement in the new plant turns out not to be enough to give city voters a say over the new plant, it is nevertheless still true that city voters have a say over the city’s financial involvement.

This is important because the bypassing of proper U.S. Congress appropriations procedures means the City is doing more than merely participating in building weapons of mass destruction. It is enabling a set-up that might not happen with more federal attention and accountability. Accordingly, the petition is entitled

“Removal of City financial involvement in production of nuclear weapons components.”

The summary of its provision are:

1. Kansas City won’t make any more contracts for nuclear weapons or finance production in the future.

2. Kansas City will divest itself of the municipal bonds for nuclear weapons to the extent allowed by law.

3. No local agency will own the plant (as the Planned Industrial Expansion Authority now does – and the contract does specify that the federal government has an option to buy).

4. If the court knocks down any provision, that provision can be cut off and the rest remain.

The second petition is based on the idea that the City shouldn’t get itself into the perverse position of being in financial trouble if the federal government decides against making more nuclear weapons components. This is a highly plausible scenario for several reasons – yet economic analysis shows that we could actually get more jobs for different alternative products. The need to convert would actually be good news even from a purely economic perspective.

“Safeguarding jobs with contingency plans for nuclear weapons facilities”

Summary:

1. The City will make detailed contingency plans for converting nuclear weapons plants in case they’re no longer utilized for that purpose.

2. Renewable energy production is an option to be considered.

3. The plans will be updated annually.

4. The plans will be available for public comment.

While these proposals are more modest than the previous one, they are also more legally bullet-proof. We have listened closely to the objections to our previous proposal, and carefully crafted proposals that address those concerns.

See “Resources” for the full legal language and a PDF of the Petition.

Kansas City Peace Planters

August 31, 2011

Contact:

Rachel M. MacNair, Ph.D. (Plaintiff in the lawsuit),

Phone: (816) 753-2057

Ann Suellentrop, (913) 271-7925

KC Peace Planters would like to thank all the parties involved in its pending suit on ballot access for the courteous manner in which they have handled a difficult situation and issue.

According to Rachel MacNair, petition coordinator and Plaintiff in the legal case: “Our differences of opinion about the issue of nuclear weapons are great, but in a rare display of civility in our seemingly ever-too-contentious society, we were able to dialogue candidly with the parties and share important information.”

The group has reviewed certain documents provided to it by the interested parties today. The documents are classified as “sensitive” by the Federal Government, and are, therefore, subject to dissemination restrictions.

Based on a review of the documents, KC Peace Planters has concluded that even if they were to prevail in the action currently pending in the Jackson County Circuit Court, all parties involved would necessarily be embroiled in litigation for the foreseeable future.

MacNair explained: “Of course, litigation is not the group’s intent. Our intent is to be active in the legislative process in a constructive way. We believe we can impact society more positively in the months and years ahead if we are able to focus our energy and resources on peace initiatives, rather than litigation that may be framed by pre-existing contracts.”

To that end, the Committee of Petitioners is dismissing the Petition for Writ it filed in the Jackson County Circuit Court August 26, 2011. Future plans are still in preparation and will be announced when they are ready.

Press Release

Kansas City Peace Planters

Third one of August 26, 2011

(after 4:30 PM)

Contact:

Rachel M. MacNair, Ph.D. (Plaintiff in the lawsuit), Phone: (816)753-2057

Ann Suellentrop, (913)271-7925

On the petition for “Production of Nuclear Weapons Components Prohibited,” Judge Edith Messina has granted us an order to put our measure on the ballot — a “Preliminary Writ of Mandamus.” Being preliminary means that the hearing already scheduled for next Monday will determine whether it will become permanent, but it also means that the City Council has to defend its actions because the default position is with the petitioners. It is not simply a two-sided matter where each side presents its case and gets equal consideration.

The hearing is scheduled for Monday, August 29, 2011, at 9:30 am, Division 12, 5th Floor, Jackson County Courthouse

The final paragraph of the judge’s order states: “NOW THEREFORE, we being willing that justice be done in this behalf . . . do command and enjoin you, City of Kansas City, Missouri and City Clerk of Kansas City, Missouri, Defendants, that immediately upon receipt of this Writ, you shall submit [the proposed ordinance] to the electors at the next available municipal or state election, or that you appear before the Jackson County Circuit Court in Kansas City, Missouri on the 29th day of August, 2011, at 9:30 o’clock am to show for your refusal to do so.”

Kansas City Peace Planters

August 26, 2011

Contact:

Rachel M. MacNair, Ph.D. (Plaintiff in the lawsuit), Phone: (816)753-2057

Ann Suellentrop, (913)271-7925

At its regular legislative session August 25, the City Council voted (with only one dissenter) to keep the initiative petition entitled “Production of Nuclear Weapons Components Prohibited” off the ballot. Accordingly, we are filing today with the court for a Writ of Mandamus to safeguard our rights as citizens according to the City Charter to have it put on the November 8 ballot.

All legal requirements were met:

May 12 – almost 5,000 Kansas City Missouri signatures turned in

May 26 – official verification of sufficient number of signatures: 4,389 verified when 3,572 were required

June 16 – as expected, City Council voted against an ordinance based on the petition; this is a required part of the process to be done before placing a measure on the ballot

June 24 – petitioners file the request with the Clerk that requires the measure be put on the ballot

The Council has had two full months for the Charter’s requirement of passing an ordinance directing the Election Board to place the measure on the ballot. The deadline for certification for the November 8 ballot is August 30. Waiting until the last possible time allows the court only five days, two of which are a weekend, to consider the case. While the letter of the law is fulfilled in the timing, the spirit of democracy and proper deliberation is not. We believe this timing is an unfair power play.

Today’s ordinance to keep the measure off the ballot claims that the measure is unconstitutional — but the City Charter is the constitution of the city, and its terms are being violated by this action. The Charter clearly states that initiatives with sufficient signatures shall be placed on the ballot at the next available election.

The reason that it is the courts who are charged with the duty of determining constitutionality of any laws passed is that they have hearings in which both sides present their cases, being listened to by people well trained in the legal precedents and previous arguments. If councilmembers had a sincere concern on the question of constitutionality, the proper procedure would have been to ask the court for a Declaratory Judgment. If a party to a dispute can decide the dispute in its own favor while ignoring its own Charter, then the very purpose of the initiative petition process in upholding democracy is being sabotaged.