The attorney for the Kansas State Board of Education (KSBOE) is declining to answer questions about letters he sent to board member Debby Potter, which she believes is an apparent attempt to silence her.
According to District 10 KSBOE Board Member Debby Potter, shortly after the Nov. 18, 2025 special meeting, board attorney Mark Ferguson approached her and handed her a sheaf of papers on his firm’s letterhead.
“Yesterday, I received an envelope from Mr. Ferguson, after the meeting was concluded and I was at the doorway leaving the conference room, when he presented me an envelope titled, “Gates Shields Debby Potter Hand Delivery. I asked him what it was and when I saw the label asked him if I was being served. His response was it was whatever I thought it was.
“As I glanced through it and saw there were numerous ‘concerns,’ I asked him if he was seeking some kind of action. He again replied that it was whatever I thought it was, but added that I had made a comment that he found bizarre. That’s a whole story and the comment was not bizarre in context, but it is what he referenced in conversation with me.
“This led me to ask him if he was seeking an apology, to which he once again stated that it was whatever I thought it was.”
Potter sought information from a potential vendor
The letters, provided to the Sentinel by Ms. Potter, detail four areas in which Ferguson appears to believe Potter has fallen short or overstepped her bounds as a board member.
“I am writing to provide you with written notice and a summary of several topics which cause me concern, as legal counsel to the Kansas State Board of Education,” he wrote. “Enclosed herewith are several separate letters, some with attachments, that address the separate issues of concern. I hope that you will consider the points raised in these several letters and reconsider your approach in the future.”
Among the issues Ferguson took issue with is that Potter communicated directly with a contractor after successfully getting a proposed contract pulled from the consent agenda item to be removed for consideration at the November 12, 2025 meeting.
“Act to approve contract request for Encore Global to provide Audio Visual services for the KSDE Annual Conference in an amount not to exceed $47,000.”
The board ultimately voted to table the motion after Potter asked about finding a local contractor to do the audio-visual work. Potter said in a phone interview that she called the Hyatt hotel where the annual conference was to be held to discuss the potential of using other contractors.
“So I just asked the Hyatt, I said, ‘hey, do you know Global Encore?’ and they said, yes, that’s their normal contractor,” Potter said. “‘I said, ‘do you allow any other outside contractors to come into audio visual?'”
Potter said it took about 10-to-15 minutes to get an answer, and ultimately the Hyatt said they would allow an outside contractor for a “caption fee” of $95 per room. She said at no point did she identify herself as a member of the state board
She said it was information she needed to know because, before outside bidders could be sought, the board needed to know if the Hyatt would allow a third party.
Ferguson, however, took exception to an elected official seeking information outside the board’s staff.
“Contacting a potential vendor about specific pricing and other details is not within the policy making role of a state board member,” Ferguson wrote. “There are staff members employed by the agency, who investigate and carry out the day-to-day activities of the agency. If you have questions regarding a specific contract, terms or other details, you should first advise the Commissioner [Randy Watson], and those questions and concerns will then be relayed to the appropriate department or person.”
Ferguson also stated “The State Board is a policy making body. It is not responsible for negotiating the terms of specific contracts,” which is true, so far as it goes, but in her telling, Potter was simply seeking information, not negotiating a contract.
Potter chastised for communicating with parents
Ferguson also took exception to Potter communicating directly with parents of students at the Kansas School for the Deaf. KSBOE also serves as the board of education for the Kansas School for the Deaf.
According to Ferguson, Potter was “soliciting feedback” regarding “suggestions for presenting legislative priorities to the Kansas Legislature for 2026.”
“I am in no way suggesting that you do not have the right to communicate directly with KSD parents,” Ferguson wrote. “However, doing so is problematic in a number of ways.”
Ferguson said that by communicating with parents, Potter was “undermining” the work of the three state board members appointed to the KSD Taskforce, as well as the authority of the KSD Superintendent and that it was “not the role” of an individual board member to make legislative recommendations.
However, making recommendations on legislation or any other issue is most certainly part of an elected official’s duties to represent constituents, says Dave Trabert, CEO of the Sentinel’s owner, Kansas Policy Institute.
“Board members are not elected to represent the Department of Education or the Board of Education as a whole. They are elected to represent the voters of their district, and they have a moral obligation to do so. Some local boards of education try to stymie board members who don’t agree with the majority, and that’s a disservice to voters and students. We don’t know if Ferguson is acting on his own or is doing so with the knowledge or direction of others on the board, but it’s clear from watching board meeting videos that this isn’t the first attempt to silence a board member with intimidation.”
Ferguson admits from the beginning that Potter has every right to speak directly with parents, but oddly doesn’t appreciate her doing so. He attached an email from a parent to Potter and board member Michelle Dombrosky, thanking Potter for “reaching out to parents with children attending Kansas School for the Deaf to hear if we have suggestions for the Board of Education to approach the Legislature in the next legislative session.”
How in the world is that “undermining” anyone?
These are only some of the complaints, and included Ferguson calling Potter’s statements “bizarre” in one letter.
Intimidation attempts
Potter thinks this is an attempt to intimidate both her and the board, and is retaliation for — among other things — the Hyatt contract discussion, something Potter said Board Chair Cathy Hopkins was upset about.
“They’ve been attempting for 11 months to intimidate me, and it’s not working, not shutting me up,” Potter said. “The board flips on them and votes against their wishes a week ago, and this is in retaliation for that — they are going to make an example of me and intimidate the rest of the board members.”
It is notable that at no point in the communication — except when stating he would be forwarding the letters to the entire board — does it appear Ferguson suggests he’s acting on behalf of the board rather than for himself.
Ferguson won’t say if he acted at the Board’s behest
The Sentinel asked Ferguson if he had been directed by anyone to write the letters, and why he felt it was appropriate to reprimand an elected official.
Feruson declined to answer those questions, but he did respond.
“As legal counsel to the Board, I do not authorize the Kansas Sentinel or any reporter to publish any portion of any privileged communications, including any portion of the letters which you refer to in the email below.”
The Sentinel gave Ferguson another opportunity to answer the questions, but he only attempted to prevent this story from being published.
“You may have permission from Ms. Potter to publish the letters. However, any permission granted by Ms. Potter would be given in her individual capacity and not on behalf of the entire Board,” he wrote. “Therefore, attorney-client privilege is not waived. Further, you do not have my permission as attorney to the Board, and these are not documents which are subject to KORA or KOMA.
“This is an important point because I want to make it very clear that neither my client, nor I as their attorney, have an intent to waive the attorney client privilege. To my knowledge, all communications on this subject matter have been between lawyer and client.”
At no point in his letters or in his conversation with Ms. Potter did Ferguson indicate that he was acting at the request of the KSBOE, but he does acknowledge that Potter granted permission for the Sentinel to show the public what is going on behind the scenes.
