A recent audit revealed that the Kansas Department of Commerce does not perform criminal background checks on job applicants or ask about their criminal history. This report follows the death of Jonathan L. Clayton, a former Commerce official suspected of embezzlement. He had been hired by the agency in 2020, despite having a criminal record related to financial crimes in Pennsylvania.
Clayton had pleaded guilty to embezzling over $200,000 while working at a ridesharing company in Philadelphia. He was sentenced to house arrest and probation, but still owed restitution. At the Kansas Department of Commerce, Clayton was responsible for overseeing $100 million in federal pandemic aid. The department claimed they didn’t know about his criminal history when they hired him.
The audit found that the Commerce Department doesn’t have a system in place to check criminal backgrounds, and their hiring process lacks proper documentation. Although state law only requires background checks for the state boxing commissioner, auditors suggested that the department could conduct background checks using public records.
Commerce officials, however, pointed to a 2018 executive order and state guidance that limit their ability to conduct checks. The order, made under then-Gov. Jeff Colyer, prevents job applicants from being automatically disqualified due to felony convictions, but does not stop agencies from asking about criminal histories later in the hiring process.
Senator Caryn Tyson criticized the Commerce Department, accusing them of shifting blame to the executive order rather than taking responsibility for hiring a felon to manage public funds. Governor Laura Kelly and Commerce officials have called for changes in state law to allow criminal background checks for all applicants.
Clayton’s past and the department’s oversight of his role raised serious concerns. For example, he helped approve a grant for the Mullinville Community Foundation, where he also served as board secretary. Commerce has been reviewing its grant processes, but no issues have been found so far. However, the situation has led to calls for stricter hiring procedures and oversight.