After a two-year legal fight that began with disagreements over housing and zoning in Prairie Village, a citizen petition question asking whether to “abandon” the city’s form of government will officially go before voters this November.
On Monday, the city council voted 11-0 to approve placing the question, “Shall the City of Prairie Village, Kansas abandon the mayor-council form of government?” on this November’s ballot. Councilmember Ian Graves was absent.
That question was the thrust of one of three petitions put forward by a resident-led group in 2023 that opposed the city’s efforts at addressing housing affordability and tweaking zoning codes.
While the question of whether to “abandon” the city’s form of government sounds significant, the immediate impact of a vote either way will likely be minimal because the question does not propose an alternative governance model.
To adopt a new form of government would take further action, either by the city council or another citizen petition initiative.
A years-long legal battle
In 2022, a group of residents calling themselves alternatively PV United or Stop Rezoning PV formed in opposition to the city’s tentative forays into discussing housing affordability in the high-priced suburb.
For a year, members of the group showed up at council meetings and called on city leaders to back off any ideas for changing zoning codes in single-family neighborhoods.
Ultimately, the group drafted and circulated three petitions, one focused on thwarting any “rezoning” efforts and two others with broader aims of remaking city governance by seeking to both “abandon” the city’s mayor-council form of government and to “adopt” a new government system that would lessen the mayor’s power in Prairie Village.
Prairie Village currently operates under a “mayor-council” form of government, which means the mayor presides over city council meetings and the city administrator deals with daily functions.
There are 15 other Johnson County cities with a “mayor-council” government, including Fairway, Leawood, Merriam, Mission and Roeland Park. Other Johnson County cities, including Olathe and Overland Park, operate with what’s known as a “mayor-council-manager” form of government, which generally gives more executive power to a city manager.
PV United’s petitions landed in Johnson County District Court, where a judge decided that only the “abandon” petition was eligible for a ballot measure. At that point, however, it was too late to be placed on the November 2023 ballot.
PV United, represented by attorney Rex Sharp of Sharp Law LLP, the husband of Councilmember Lori Sharp, then appealed the ruling, and the case eventually made its way to the Kansas Court of Appeals.
Earlier this year, the appellate court agreed with the district court and found only the “abandon” petition eligible for a ballot. The Kansas Supreme Court later denied reviewing the lawsuit, effectively upholding the lower court rulings and setting the stage for Monday’s city council vote.
City council sends ballot question to election office
On Monday, the city council approved a resolution asking the Johnson County Election Office to place the “abandon” petition on this November’s ballot.
City Attorney Alex Aggen told the city council that the resolution itself is not representative of the city’s opinion on the “abandon” petition. Instead, Aggen said that the resolution is a recognition of the district and appellate court decisions finding the petition eligible to be put before voters.
According to the city’s FAQ webpage published two years ago and regularly updated, a “yes” vote to abandon the city’s current form of government will have no immediate impact unless further action to adopt a new form of government is taken.
A “no” vote also results in no changes to the city’s existing form of government.
Councilmember’s “conflict of interest” questioned
The city council on Monday adopted the resolution with little discussion about the resolution itself.
More attention, however, was focused on some governing body members’ concerns about Councilmember Lori Sharp’s potential “conflict of interest” in the matter, considering her husband has spent years in court challenging the city on the petitions.
Without naming Sharp, Mayor Eric Mikkelson said it is common for councilmembers to recuse themselves from a vote when they have a “conflict of interest” with a particular item, “such as, for example, when somebody’s spouse is the attorney involved with the case.”
Councilmember Greg Shelton noted that documents Sharp filed with the county election office when she ran for office two years ago list Sharp Law LLP as her employer. On those forms, Sharp does list the law firm, where she is the managing partner, as her employer.
Shelton questioned whether Sharp was required to recuse herself, but Aggen, the city attorney, said he didn’t see a reason why Sharp could not vote on the item as the resolution was an acknowledgement of the court decisions — not an endorsement of the petition. (Shelton is the husband of Post Publisher Jay Senter’s sister.)
Sharp did not respond to either Mikkelson or Shelton’s comments from the dais.
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