reglab/housing_qa huggingface dataset:
KS Stat § 75-4315a (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4315a Appointment of acting state officers to certain positions; authority; compensation; classified civil service status prior to appointment, effect.

75-4315a. Appointment of acting state officers to certain positions; authority; compensation; classified civil service status prior to appointment, effect. Whenever it is provided by law that the governor shall appoint the secretary of any department of state government or the chief administrative or executive officer of any other agency of state government or that the secretary of any department of state government shall appoint the director of a division, whether any of the positions designated herein are in the classified or unclassified service of the Kansas civil service act, and whether such department, agency or division has been specified by statute or authorized by statute to be established, the governor or departmental secretary may appoint an acting secretary, chief administrative or executive officer or director to serve for a period not greater than six months. Any acting state officer appointed under authority of this section shall have and exercise all of the powers, duties and functions of the office in which he or she is acting. Subject to the approval of the state finance council, the governor or the secretary appointing an acting state officer shall fix the salary of the acting state officer if the position is in the unclassified service, and in no event shall the salary of the acting state officer be less than the amount the person appointed is receiving in such person's permanent state employment. In the event the person appointed as an acting state officer is in the classified service prior to such appointment, such person shall retain the right to return to his or her permanent classified status without loss of any civil service right and his or her service shall be deemed to be continuous.History: L. 1976, ch. 363, § 1; L. 2008, ch. 121, § 36; July 1.
KS Stat § 75-4315b (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4315b Appointment of public officers subject to confirmation by senate; procedures; withdrawal of appointment; conditions; failure of confirmation; vacancy of unexpired term; appointment subject to senate confirmation.

75-4315b. Appointment of public officers subject to confirmation by senate; procedures; withdrawal of appointment; conditions; failure of confirmation; vacancy of unexpired term; appointment subject to senate confirmation. (a) All appointments of public officers which are subject to confirmation by the senate shall be received, considered and acted upon in the manner provided by rules of the senate. Appointments shall be confirmed by the senate only by an affirmative vote of a majority of the senate.(b) If a majority of the senate votes on the question of confirmation of an appointment to an office and the appointment is not confirmed, the office shall become vacant at that time.(c) An appointing authority may withdraw an appointment from consideration by the senate at any time before confirmation if:(1) The appointing authority withdrawing the appointment is the same person, or a body having the same members, as the appointing authority that made the appointment; or(2) the person or body withdrawing the appointment is a successor to the appointing authority that made the appointment and the appointment was made to fill a vacancy occurring after the person or body was elected to succeed the appointing authority.(d) If a majority of the senate votes on the question of confirmation of an appointment to an office and the appointment is not confirmed, the appointing authority which made the appointment shall not subsequently appoint to the same office the person who failed to be confirmed.(e) If an appointment to a public office is subject to confirmation by the senate, any appointment to fill a vacancy in an unexpired term of that office shall also be subject to confirmation by the senate.(f) As used in this section "majority of the senate" means a majority of all members of the senate then elected (or appointed) and qualified.History: L. 1982, ch. 347, § 1; July 1.
KS Stat § 75-4315c (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4315c Appointments to boards and commissions; congressional district residency requirements; change in district boundaries.

75-4315c. Appointments to boards and commissions; congressional district residency requirements; change in district boundaries. If a statute imposes congressional district residency requirements for members of or appointees to a board, commission, council, committee, authority or other governmental body and the boundaries of congressional districts are changed in such a way that the requirements are no longer met, each member serving at the time of the change in district boundaries shall continue to serve the remainder of the member's current term and until a successor is appointed and qualifies unless the member's position becomes vacant before the end of such term. Unless otherwise provided by law, upon any vacancy on the governmental body, appointment to fill the vacancy shall be made in such a manner that the residency requirements are met in the least time possible.History: L. 1992, ch. 262, § 1; July 1.
KS Stat § 75-4316 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4316 Discharge of public employee declaring or subjected to bankruptcy, wage earners' plan or similar proceeding unlawful; "public employee" defined; violation of act declared misdemeanor.

75-4316. Discharge of public employee declaring or subjected to bankruptcy, wage earners' plan or similar proceeding unlawful; "public employee" defined; violation of act declared misdemeanor. (a) For the purpose of this act, "public employee" means any employee of the state of Kansas, any employee of a city incorporated under the laws of the state of Kansas or any employee of a county, township, school district or other political subdivision of the state of Kansas.(b) No public employee shall be discharged from employment solely by reason of the fact that he or she has availed himself or herself of or has been subjected by creditors to any proceeding in a state or federal court due to such employee's financial condition, which shall include, but not be limited to, a proceeding in bankruptcy, a proceeding to effect a wage earners' plan or any other similar proceeding instituted because of such employee's insolvency.(c) Any person who discharges a public employee from employment in violation of this act shall be guilty of a class A misdemeanor.History: L. 1971, ch. 283, § 1; July 1.
KS Stat § 75-4317 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4317 Open meetings declared policy of state; citation of act.

75-4317. Open meetings declared policy of state; citation of act. (a) In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be the policy of this state that meetings for the conduct of governmental affairs and the transaction of governmental business be open to the public.(b) It is declared hereby to be against the public policy of this state for any such meeting to be adjourned to another time or place in order to subvert the policy of open public meetings as pronounced in subsection (a).(c) K.S.A. 75-4317 through 75-4320a shall be known and may be cited as the open meetings act.History: L. 1972, ch. 319, § 1; L. 1975, ch. 455, § 1; L. 1999, ch. 96, § 1; July 1.
KS Stat § 75-4317a (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4317a Meeting defined.

75-4317a. Meeting defined. As used in the open meetings act, "meeting" means any gathering or assembly in person or through the use of a telephone or any other medium for interactive communication by a majority of the membership of a public body or agency subject to this act for the purpose of discussing the business or affairs of the public body or agency.History: L. 1977, ch. 301, § 1; L. 1994, ch. 64, § 1; L. 2008, ch. 178, § 1; L. 2015, ch. 68, § 14; July 1.
KS Stat § 75-4320 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4320 Penalties.

75-4320. Penalties. (a) Any member of a public body or agency subject to the open meetings act who knowingly violates any of the provisions of such act or who intentionally fails to furnish information as required by K.S.A. 75-4318(b), and amendments thereto, shall be liable for the payment of a civil penalty in an action brought by the attorney general or county or district attorney, in a sum set by the court of not to exceed $500 for each violation. In addition, any binding action which is taken at a meeting not in substantial compliance with the provisions of the open meetings act shall be voidable in any action brought by the attorney general or county or district attorney in the district court of the county in which the meeting was held within 21 days of the meeting, and the court shall have jurisdiction to issue injunctions or writs of mandamus to enforce the provisions of the open meetings act.(b) Civil penalties sued for and recovered hereunder by the attorney general shall be paid into the attorney general's open government fund. Civil penalties sued for and recovered hereunder by a county or district attorney shall be paid into the general fund of the county where the proceedings were instigated.(c) No fine shall be imposed pursuant to subsection (a) for violations of K.S.A. 75-4318(f), and amendments thereto, which occur prior to July 1, 2009.History: L. 1972, ch. 319, § 4; L. 1977, ch. 301, § 4; L. 2004, ch. 177, § 3; L. 2008, ch. 178, § 3; L. 2015, ch. 68, § 17; July 1.
KS Stat § 75-4320a (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4320a Enforcement of act by district courts; burden of proof; court costs; precedence of cases.

75-4320a. Enforcement of act by district courts; burden of proof; court costs; precedence of cases. (a) The district court of any county in which a meeting is held shall have jurisdiction to enforce the purposes of K.S.A. 75-4318 and 75-4319, and amendments thereto, with respect to such meeting, by injunction, mandamus, declaratory judgment or other appropriate order, on application of any person. The district court may require a defendant to complete training approved by the attorney general concerning the requirements of the open meetings act.(b) In any action hereunder or under K.S.A. 75-4320d, and amendments thereto, the burden of proof shall be on the public body or agency to sustain its action.(c) In any action hereunder, the court may award court costs to the person seeking to enforce the provisions of K.S.A. 75-4318 or 75-4319, and amendments thereto, if the court finds that the provisions of those statutes were violated. The award shall be assessed against the public body or agency responsible for the violation.(d) In any action hereunder in which the defendant is the prevailing party, the court may award to the defendant court costs if the court finds that the plaintiff maintained the action frivolously, not in good faith or without a reasonable basis in fact or law.(e) In any action hereunder brought by the attorney general or a county or district attorney, if the court finds that any provisions of K.S.A. 75-4318 or 75-4319, and amendments thereto, were violated, such court:(1) Except as provided in subsection (e)(2), may award the attorney general's or the county or district attorney's reasonable expenses, investigation costs and attorney fees; and(2) shall award the same if the court determines that the violation was not made in good faith and without a reasonable basis in fact or law.(f) Except as otherwise provided by law, proceedings arising under this section shall take precedence over all other cases and shall be assigned for hearing and trial at the earliest practicable date.(g) As used in this section, "meeting" has the meaning provided by K.S.A. 75-4317a, and amendments thereto.History: L. 1981, ch. 344, § 2; L. 2015, ch. 68, § 18; July 1.
KS Stat § 75-4320b (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4320b Investigation of alleged violations; powers.

75-4320b. Investigation of alleged violations; powers. (a) In investigating alleged violations of the open meetings act, the attorney general or county or district attorney may:(1) Subpoena witnesses, evidence, records, documents or other material;(2) take testimony under oath;(3) examine or cause to be examined any records or other documentary material of whatever nature relevant to such alleged violations;(4) require attendance during such examination of documentary material and take testimony under oath or acknowledgment in respect of any such documentary material;(5) serve interrogatories; and(6) administer oaths and affirmations.(b) Service by the attorney general or a county or district attorney of any interrogatories or subpoena upon any person shall be made:(1) By certified mail, return receipt requested, to the last known place of business, residence or abode within or without this state; or(2) in the manner provided in the code of civil procedure as if a petition had been filed.(c) If any person willfully fails or refuses to file any response to a request for information, records or other materials required by this section, respond to interrogatories or obey any subpoena issued by the attorney general or a county or district attorney, the attorney general or a county or district attorney may, after notice, apply to the district court of the county where the request, interrogatories or subpoena was issued, or of any other county where venue is proper, and after a hearing thereon the district court may:(1) Issue an order requiring a response to the request for information, records or other materials, a response to interrogatories or compliance with the subpoena; or(2) grant such other relief as may be required, until the person provides the requested response for information, records or other materials, responds to the interrogatories or obeys the subpoena.History: L. 2000, ch. 156, § 7; L. 2015, ch. 68, § 19; July 1.
KS Stat § 75-4320c (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4320c Sunflower Foundation: Health Care for Kansas; subject to open meetings law.

75-4320c. Sunflower Foundation: Health Care for Kansas; subject to open meetings law. The Sunflower Foundation: Health Care for Kansas, established pursuant to the settlement agreement entered into by the attorney general in the action filed by Blue Cross and Blue Shield of Kansas, Inc., in the district court of Shawnee county, Kansas, case no. 97CV608, shall be and is hereby deemed to be a public body and shall be subject to the open meetings law.History: L. 2001, ch. 122, § 3; April 26.
KS Stat § 75-4320e (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4320e Complaint form prescribed by attorney general.

75-4320e. Complaint form prescribed by attorney general. (a) Any complaint submitted to the attorney general shall be on a form prescribed by the attorney general setting forth the facts that the complaining party believes show that K.S.A. 75-4317 et seq., and amendments thereto, have been violated. The person submitting the complaint must attest to the facts under penalty of perjury pursuant to K.S.A. 53-601, and amendments thereto.(b) This section shall be a part of and supplemental to the open meetings act.History: L. 2015, ch. 68, § 6; July 1.
KS Stat § 75-4320f (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4320f Civil remedies to enforce act; consent order.

75-4320f. Civil remedies to enforce act; consent order. (a) In lieu of bringing an action as provided in K.S.A. 75-4320a, and amendments thereto, the attorney general or a county or district attorney may resolve the matter by accepting a consent judgment with respect to any act or practice declared to be a violation of this act. Before any consent judgment entered into pursuant to this section shall be effective, such judgment must be approved by the district court and an entry made thereof in the manner required for making an entry of judgment. Once such approval is received, any breach of the conditions of the consent judgment shall be treated as a violation of a court order, and shall be subject to all the penalties provided by law therefor.(b) A consent judgment may contain any remedy available to the district court, except it shall not include an award of reasonable expenses, investigation costs or attorney fees.(c) This section shall be a part of and supplemental to the open meetings act.History: L. 2015, ch. 68, § 5; July 1.
KS Stat § 75-4324 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4324 Employees' right to form, join and participate in employee organizations.

75-4324. Employees' right to form, join and participate in employee organizations. Public employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing, for the purpose of meeting and conferring with public employers or their designated representatives with respect to grievances and conditions of employment. Public employees also shall have the right to refuse to join or participate in the activities of employee organizations.History: L. 1971, ch. 264, § 4; March 1, 1972.
KS Stat § 75-4325 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4325 Supervisory employee not prohibited from membership in employee organization.

75-4325. Supervisory employee not prohibited from membership in employee organization. Nothing herein shall prohibit any individual employed as a supervisory employee from becoming or remaining a member of an employee organization, but no public employer subject to this act shall be compelled to deem individuals defined herein as supervisory employees as public employees for the purposes of this act.History: L. 1971, ch. 264, § 5; March 1, 1972.
KS Stat § 75-4326 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4326 Existing rights of public employer not affected.

75-4326. Existing rights of public employer not affected. Nothing in this act is intended to circumscribe or modify the existing right of a public employer to:(a) Direct the work of its employees;(b) Hire, promote, demote, transfer, assign and retain employees in positions within the public agency;(c) Suspend or discharge employees for proper cause;(d) Maintain the efficiency of governmental operation;(e) Relieve employees from duties because of lack of work or for other legitimate reasons;(f) Take actions as may be necessary to carry out the mission of the agency in emergencies; and(g) Determine the methods, means and personnel by which operations are to be carried on.History: L. 1971, ch. 264, § 6; March 1, 1972.
KS Stat § 75-4328 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4328 Recognition of right of employee organization to represent employees.

75-4328. Recognition of right of employee organization to represent employees. (a) A public employer shall extend to a certified or formally recognized employee organization the right to represent the employees of the appropriate unit involved in meet and confer proceedings and in the settlement of grievances, and also shall extend the right to unchallenged representation status, consistent with subsection (d) of K.S.A. 75-4327, during the twelve (12) months following the date of certification or formal recognition.History: L. 1971, ch. 264, § 8; March 1, 1972.
KS Stat § 75-4329 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4329 Disputes concerning recognition of employee organization; procedure for resolving.

75-4329. Disputes concerning recognition of employee organization; procedure for resolving. Every public agency, other than the state, acting through its governing body, may establish procedures, not inconsistent with the provisions of K.S.A. 75-4327 and 75-4328 and, after consultation with interested employee organizations and employer representatives, may resolve disputes concerning the recognition status of employee organizations composed of employees of such agency. In the absence of such procedures, such disputes shall be submitted to the public employee relations board in accordance with K.S.A. 75-4327.History: L. 1971, ch. 264, § 9; March 1, 1972.
KS Stat § 75-4331 (2021)
2021 Kansas Statutes|Chapter 75 - State Departments; Public Officers And Employees|Article 43 - Public Officers And Employees|75-4331 Memorandum of understanding; financial report; consideration and action; rejection.

75-4331. Memorandum of understanding; financial report; consideration and action; rejection. If agreement is reached by the representatives of the public agency and the recognized employee organization, they jointly shall prepare a memorandum of understanding and, within fourteen (14) days, present it to the appropriate governing body or authority for determination. The governing body or authority, as soon as practicable after receiving a report from the chief financial officer for the agency of the fiscal effect the terms of such memorandum will have upon the agency, shall consider the memorandum and take appropriate action. If the public employer is a taxing subdivision subject to the provisions of K.S.A. 79-4401, et seq., such financial report shall also include information as to the impact of such memorandum on the subdivision's aggregate tax levy and operating expense limitations. If a settlement is reached with an employee organization and the governing body or authority, the governing body or authority shall implement the settlement in the form of a law, ordinance, resolution, executive order, rule or regulation. If the governing body or authority rejects a proposed memorandum, the matter shall be returned to the parties for further deliberation.History: L. 1971, ch. 264, § 11; March 1, 1972.