The Kansas Ethics Commission acknowledged Friday that it had received a complaint regarding campaign expenditures made by Sen. Dwayne Umbarger, a "moderate" Thayer Republican.

The complaint against Umbarger, who serves as chairman of the Senate Ways and Means Committee, was filed by Kris Van Meteren, whose mother, Iris Van Meter, a conservative Republican, was defeated by Umbarger in Tuesday’s primary. Van Meteren served as spokesman for his mother’s campaign.

But the commission isn’t saying whether it plans to launch an investigation.

“We never confirm or deny an investigation,” Jane Holt, commission attorney, told Kansas Liberty.

She said the existence of an investigation would only be confirmed if the commission issued a notice of hearing against an alleged wrongdoer.

“At that point it becomes a matter of public record,” she said.

Targets of commission investigations are given the opportunity to appear at a commission hearing.

“In effect, they’re like probable cause hearings where the commission determines whether there’s sufficient evidence to believe a violation has occurred,” he said.

Kris Van Meteren said he was reviewing a campaign finance report filed July 28 by the Umbarger campaign.

The report listed an expenditure of $1738.21 to install a carport at Umbarger’s home. Umbarger said he had contacted the Ethics Commission before ordering the carport and that staff members assured him it would be appropriate to use campaign funds if it was used to store campaign material.

Van Meteren said he printed a copy of Umbarger’s report and took it with him to the Ethics Commission the following day.

“I asked [Ethics Commission Executive Director] Carol Williams whether it was appropriate to use campaign funds to build structures on private property,” Van Meteren told Kansas Liberty Friday. He added that Williams asked whether his query was related to a particular campaign, and he conceded that it involved Umbarger.

“That was my first mistake,” he said. “I should have said ‘that’s for me to know and you to find out.'”

The following day, the Umbarger campaign filed a supplemental report that showed a reimbursement to the campaign for the carport.

Van Meteren said it was either a fantastic coincidence that the supplemental report was filed, or that someone in the commission office tipped Umbarger off that an inquiry had been made. Umbarger has indicated the commission office did not contact him.

As to the initial question of whether it’s appropriate to expend campaign money for structures on private property, Van Meteren said Williams indicated it would be OK to use campaign funds to build a structure on private property, if the structure were used to store campaign and legislative materials.

“That’s ridiculous,” Van Meteren said. “I just spent $65,000 for a new barn. Can I throw a few yard signs in there and charge the campaign for it?”

He pointed out that the carport Umbarger ordered was open-sided, making it unlikely to be used as a storage location for campaign signs, brochures or other campaign materials.

Contracted Friday by Kansas Liberty, Umbarger said he had intended to fully enclose the carport, making it suitable for storage of campaign materials, but that he was unable to finish the project before the campaign report was due.

“My intention is to move it further away from the house, enclose it and install walk in-doors and eventually a concrete floor,” he said. “It won’t even have an overhead door when it’s complete, so I won’t even be able to get cars in there. It’s not going to be a carport – it’s going to be a metal utility shed like three others on my property that are stuffed with newsletters, old correspondence and yard signs. My wife will tell you I’m a packrat. I save everything.”

Umbarger said he does not plan to charge any improvements to the carport to his campaign.

He added that he believed his reimbursement of campaign funds should have put an end to the story, and attributed Van Meteren’s complaint to “sour grapes.” Umbarger defeated Van Meter in the primary by a margin of 65 percent to 35 percent.

Although the structure does contain some campaign material, Umbarger said he was also parking vehicles under it.

“I’ve reimbursed the campaign so I can do what I want with the shed,” he said.

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