reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4303a Same; advisory opinions on interpretation or application of act; presumption of compliance with act; filing of opinions; administration of act, rules and regulations.

75-4303a.
Same; advisory opinions on interpretation or application of act; presumption of compliance with act; filing of opinions; administration of act, rules and regulations.
(a) The governmental ethics commission shall render advisory opinions on the interpretation or application of K.S.A. 75-4301a, 75-4302a, 75-4303a, 75-4304, 75-4305 and 75-4306, and amendments thereto. The opinions shall be rendered after receipt of a written request therefor by a local governmental officer or employee or by any person who has filed as a candidate for local office. Any person who requests and receives an advisory opinion and who acts in accordance with its provisions shall be presumed to have complied with the provisions of the general conflict of interests law. A copy of any advisory opinion rendered by the commission shall be filed by the commission in the office of the secretary of state, and any opinion so filed shall be open to public inspection. All requests for advisory opinions shall be directed to the secretary of state who shall notify the commission thereof.
(b) The governmental ethics commission shall administer K.S.A. 75-4301a, 75-4302a, 75-4303a, 75-4304, 75-4305 and 75-4306, and amendments thereto, and may adopt rules and regulations therefor.
History:
L. 1974, ch. 396, § 1; L. 1981, ch. 171, § 47; L. 1990, ch. 306, § 16; L. 1991, ch. 150, § 42; L. 1998, ch. 117, § 26; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4304 Same; making or participating in certain contracts prohibited; exceptions; abstaining from action.

75-4304.
Same; making or participating in certain contracts prohibited; exceptions; abstaining from action.
(a) No local governmental officer or employee shall, in the capacity of such an officer or employee, make or participate in the making of a contract with any person or business by which the officer or employee is employed or in whose business the officer or employee has a substantial interest.
(b) No person or business shall enter into any contract where any local governmental officer or employee, acting in that capacity, is a signatory to or a participant in the making of the contract and is employed by or has a substantial interest in the person or business.
(c) A local governmental officer or employee does not make or participate in the making of a contract if the officer or employee abstains from any action in regard to the contract.
(d) This section shall not apply to the following:
(1) Contracts let after competitive bidding has been advertised for by published notice; and
(2) contracts for property or services for which the price or rate is fixed by law.
(e) Any local governmental officer or employee who is convicted of violating this section shall forfeit the office or employment.
History:
L. 1970, ch. 366, § 4; L. 1974, ch. 397, § 1; L. 1990, ch. 306, § 17; May 31.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4305 Same; filing of report of interest if statement of substantial interest not filed; abstaining from action.

75-4305.
Same; filing of report of interest if statement of substantial interest not filed; abstaining from action.
(a) Any local governmental officer or employee who has not filed a disclosure of substantial interests shall, before acting upon any matter which will affect any business in which the officer or employee has a substantial interest, file a written report of the nature of the interest with the county election officer of the county in which is located all or the largest geographical part of the officer's or employee's governmental subdivision.
(b) A local governmental officer or employee does not pass or act upon any matter if the officer or employee abstains from any action in regard to the matter.
History:
L. 1970, ch. 366, § 5; L. 1974, ch. 397, § 2; L. 1990, ch. 306, § 18; May 31.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4306 Penalties for violations; severability.

75-4306.
Penalties for violations; severability.
(a) Violation of K.S.A. 75-4304 or 75-4305, and amendments thereto, or failure to make any disclosure of substantial interests required by K.S.A. 75-4302a is a class B misdemeanor.
(b) If any clause, paragraph, subsection or section of this act is held invalid or unconstitutional it shall be conclusively presumed that the legislature would have enacted the remainder of this act without the invalid or unconstitutional clause, paragraph, subsection or section.
History:
L. 1970, ch. 366, § 6; L. 1990, ch. 306, § 19; May 31.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4308 Oath required for public officers and employees.

75-4308.
Oath required for public officers and employees.
Before entering upon the duties of his or her office or employment, each person to be employed by the state or any agency thereof or by any county, city or other municipality of the state including any school, college or university supported in whole or in part by public funds collected under any tax law of the state or any municipality thereof shall be required to subscribe in writing to the oath set out in K.S.A. 54-106.
History:
L. 1968, ch. 106, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4309 Same; falsifying oaths or affirmations.

75-4309.
Same; falsifying oaths or affirmations.
All oaths or affirmations submitted hereunder shall subject the person who shall falsify them to the pains and penalties of perjury.
History:
L. 1968, ch. 106, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4310 Oath required for public officers and employees; administering; filing.

75-4310.
Oath required for public officers and employees; administering; filing.
Oaths required hereunder shall be administered before the officers and in the manner prescribed by K.S.A. 54-101, 54-102 and 54-103. All oaths administered under the provisions of this act shall be filed in writing with the governing body of the county, city or any municipality or such governing body's duly authorized agent, or in the case of public schools with the superintendent of any such school district, but in the case of the state or any agency thereof such oath shall be filed with the employing state agency. In the case of private schools receiving public moneys as defined in K.S.A. 75-4308, such oath shall be filed in the office of the chief administrative officer of such school, college or university.
History:
L. 1968, ch. 106, § 3; L. 1983, ch. 294, § 1; April 14.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4311 Same; funds withheld until oath subscribed to and filed.

75-4311.
Same; funds withheld until oath subscribed to and filed.
A state agency officer disbursing payroll warrants or a treasurer or other disbursing officer of any city, county or any municipality or of any public school district or of any private school, college or university receiving public funds shall not disburse any funds in payment for services to any officer or employee subject to the provisions of this act until the required oath has been duly subscribed and filed by such officer or employee.
History:
L. 1968, ch. 106, § 4; L. 1983, ch. 294, § 2; April 14.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4312 Same; persons required to take oath; time for filing; penalty.

75-4312.
Same; persons required to take oath; time for filing; penalty.
All persons employed by the state or any agency thereof or by any city, county or other municipality or by any public school or by any private school, college or university receiving public funds as defined by K.S.A. 75-4308, at the time this act becomes effective shall take and subscribe the oath required by this act and shall file said oath in writing with the appropriate officer designated by K.S.A. 75-4310 on or before January 1, 1969, and any such officer or employee failing so to do shall be subjected to the penalties as in this act prescribed.
History:
L. 1968, ch. 106, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4313 Same; unauthorized disbursement of funds; penalty.

75-4313.
Same; unauthorized disbursement of funds; penalty.
It shall be unlawful for any state agency officer disbursing payroll warrants or any treasurer or other disbursing officer of any city, county or any municipality or of any public school district or of any private school, college or university receiving public funds as defined in K.S.A. 75-4308 knowingly to disburse any funds in payment for services to any officer or employee covered by the provisions of this act, which officer or employee has not subscribed and filed the oath required by this act. Violation of this section shall constitute a class C misdemeanor.
History:
L. 1968, ch. 106, § 6; L. 1983, ch. 294, § 3; April 14.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4314 Same; officer or employee receiving funds without subscribing and filing oath; penalty.

75-4314.
Same; officer or employee receiving funds without subscribing and filing oath; penalty.
Any officer or employee having rendered service for the state or any county, city or any municipality or for any public school district or for any private school, college or university receiving public funds who shall knowingly receive and convert to his or her use any payment for such services without having subscribed and filed an oath as prescribed by this act shall be deemed guilty of a felony and upon conviction thereof shall be punished by confinement and hard labor not exceeding five years or in the county jail not less than six months.
History:
L. 1968, ch. 106, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4315 Political subdivisions of state authorized to pay compensation semimonthly; section applicable to state agencies until biweekly payroll periods established.

75-4315.
Political subdivisions of state authorized to pay compensation semimonthly; section applicable to state agencies until biweekly payroll periods established.
Notwithstanding any other provision of law to the contrary, all political subdivisions of the state shall pay to their employees such salaries and wages as may be due and payable, and such compensation may be paid as often as semimonthly. The provisions of this section shall apply to any state agency until biweekly payroll periods are required for such state agency in accordance with the provisions of K.S.A. 75-5501 et seq. and amendments thereto.
History: L. 1968, ch. 310, § 1; L. 1974, ch. 390, § 27; L. 1975, ch. 452, § 21; L. 1980, ch. 264, § 16; L. 1995, ch. 132, § 3; December 17.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4334 Same; proceedings for determination in accordance with Kansas administrative procedure act; judicial review; action in district court in proceeding involving alleged strike or lockout.

75-4334.
Same; proceedings for determination in accordance with Kansas administrative procedure act; judicial review; action in district court in proceeding involving alleged strike or lockout.
(a) Any controversy concerning prohibited practices may be submitted to the board. Proceedings against the party alleged to have committed a prohibited practice shall be commenced within six months of the date of such alleged practice by service upon the accused party by the board of a written notice, together with a copy of the charges. The accused party shall have seven days within which to serve a written answer to such charges, unless the board determines an emergency exists and requires the accused party to serve a written answer to such charges within 24 hours of their receipt. Hearings on prohibited practices shall be conducted in accordance with the provisions of the Kansas administrative procedure act. If the board determines an emergency exists, the board may use emergency adjudicative proceedings as provided in K.S.A. 77-536, and amendments thereto. A strike or lockout shall be construed to be an emergency. The board may use its rulemaking power, as provided in K.S.A. 75-4323, and amendments thereto, to make any other procedural rules it deems necessary to carry on this function.
(b) The board shall either dismiss the complaint or determine that a prohibited practice has been or is being committed. If the board finds that the party accused has committed or is committing a prohibited practice, the board shall make findings as authorized by this act and shall file them in the proceedings.
(c) Any action of the board pursuant to subsection (b) is subject to review and enforcement in accordance with the Kansas judicial review act. The procedures for obtaining injunction and allied remedies shall be as set forth in the code of civil procedure, except that the provisions of K.S.A. 60-904, and amendments thereto, shall not control injunction actions arising out of public employer-employee relations under this act.
(d) If there is an alleged violation of either subsection (b)(8) or (c)(5) of K.S.A. 75-4333, and amendments thereto, the aggrieved party is authorized to seek relief in district court in the manner provided for the board in subsection (c) while proceedings on such prohibited practices are pending before the board. Any ruling of the district court shall remain in effect until set aside by the court on motion of the parties or of the board or upon review of the board's order as provided by subsection (c).
History:
L. 1971, ch. 264, § 14; L. 1973, ch. 363, § 6; L. 1986, ch. 318, § 139; L. 1988, ch. 356, § 305; L. 2010, ch. 17, § 202; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4335 Act inapplicable to public employers, other than state or its agencies, adopting provisions and procedures determined by board to be reasonably equivalent.

75-4335.
Act inapplicable to public employers, other than state or its agencies, adopting provisions and procedures determined by board to be reasonably equivalent.
This act, except for K.S.A. 75-4322, 75-4323, 75-4324, 75-4325, 75-4326, 75-4327, 75-4328, 75-4333 and 75-4334, shall be inapplicable to any public employer, other than the state and its agencies which, acting through its governing body, has adopted by ordinance or resolution its own provisions and procedures which have been submitted to the board by such public employer and as to which there is in effect a determination by the board that such provisions and procedures and the continuing implementation thereof are reasonably equivalent to the provisions and procedures set forth in this act with respect to the state.
History:
L. 1971, ch. 264, § 15; March 1, 1972.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4336 Registration of business agents for employee organizations; application; certificate; fee; exemption.

75-4336.
Registration of business agents for employee organizations; application; certificate; fee; exemption.
(a) Every person desiring to act as a business agent for an employee organization shall first obtain a registration certificate from the secretary of state by filing an application therefor and paying a registration fee of $12.50. No person shall be issued a registration certificate unless: (1) The applicant is a citizen of the United States; (2) the applicant's name, address and length of residence in Kansas are stated in the application; and (3) the application is accompanied by a statement, signed by the president and secretary of the employee organization, which authorizes the applicant to act as agent for such employee organization.
(b) Unless it has been surrendered, suspended or revoked at an earlier date, the registration certificate shall be valid for the calendar year in which it was obtained and shall expire on December 31 or, for registration certificates obtained after December 31, 1982, each such registration certificate may be valid for the fiscal year of the employee organization represented by the business agent in which the certificate was obtained and shall expire on the last day of such fiscal year.
(c) If a person has obtained a registration certificate as a business agent under the provisions of K.S.A. 44-804 and amendments thereto to act in such capacity for a labor organization thereunder and such labor organization is an employee organization, such registration shall fully satisfy the requirements of this section and no further registration or registration fee shall be required of such person desiring to act as a business agent for such employee organization.
History:
L. 1973, ch. 363, § 3; L. 1974, ch. 207, § 7; L. 1982, ch. 363, § 10; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4337 Annual report of employee organizations; contents; fee; alternative filing of federal reports; exemption.

75-4337.
Annual report of employee organizations; contents; fee; alternative filing of federal reports; exemption.
(a) Every employee organization operating in the state of Kansas and having 100 or more members shall file an annual report with the secretary of state on or before April 15, showing the financial condition of the employee organization on the December 31 next preceding the date of filing or at the close of business on the last day of the organization's fiscal year next preceding the date of filing. Each annual report filed under this section shall be accompanied by a filing fee of $5. The secretary of state may upon showing of reasonable cause grant an extension of time for filing of annual report.
(b) The annual report shall be in such form as the board shall prescribe and shall include:
(1) The name of the employee organization;
(2) the location and mailing address of its office;
(3) the name and title of each of its officers and registered business agents, together with the salaries, wages, bonuses and other remuneration paid each, and mailing address of each;
(4) the date of the regular election of officers of such employee organization;
(5) the rate of its initiation fees, dues, assessments and any other periodic payments required of its members; and
(6) an audited statement of the income, expenditures, assets and liabilities of the employee organization.
(c) In lieu of filing an annual report in the form prescribed by the board under subsection (b) of this section, the employee organization may file copies of the reports required to be filed with the United States department of labor by the federal labor management reporting and disclosure act of 1959, 29 U.S.C.A. § 431, et seq., as follows:
(1) By having on file with the secretary of state a copy of the labor organization information report form LM-1 which is currently on file with the United States department of labor; and
(2) by filing annually as required in subsection (a) of this section, a copy of the labor organization annual report form LM-2 or form LM-3 which is filed with the United States department of labor and covers a reporting period specified in subsection (a).
(d) Every employee organization which has filed an annual report as a labor organization under the provisions of K.S.A. 44-806 and amendments thereto shall be deemed to have fully satisfied the requirements of this section and shall not be required to file an annual report under this section.
History:
L. 1973, ch. 363, § 4; L. 1974, ch. 207, § 8; L. 1980, ch. 150, § 2; L. 1982, ch. 363, § 11; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4339 Invalidity of act.

75-4339. Invalidity of act.
If any provision of this act, including any amendment made by this act, or the application of any such provision to any person or circumstance, is held invalid, the validity of any other provision of this act, or the application of such provision to other persons and circumstances, shall not be affected thereby.
History:
L. 2013, ch. 6, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4351 Interpreters appointed for deaf, hard of hearing, speech impaired and persons whose primary language is other than English; proceeding in which appointment authorized.

75-4351.
Interpreters appointed for deaf, hard of hearing, speech impaired and persons whose primary language is other than English; proceeding in which appointment authorized.
A qualified interpreter shall be appointed in the following cases for persons whose primary language is one other than English, or who is a deaf, hard of hearing or speech impaired person: (a) In any grand jury proceeding, when such person is called as a witness;
(b) in any court proceeding involving such person and such proceeding may result in the confinement of such person or the imposition of a penal sanction against such person;
(c) in any civil proceeding, whether such person is the plaintiff, defendant or witness in such action;
(d) in any proceeding before a board, commission, agency, or licensing authority of the state or any of its political subdivisions, when such person is the principal party in interest;
(e) prior to any attempt to interrogate or take a statement from a person who is arrested for an alleged violation of a criminal law of the state or any city ordinance.
History:
L. 1972, ch. 341, § 1; L. 1973, ch. 364, § 1; L. 1993, ch. 223, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 43 - Public Officers And Employees › 75-4352 Same; compensation for services.

75-4352.
Same; compensation for services.
(a) All interpreters appointed under the provisions of this act shall be appointed by the judge if the appearance is before any court or by the chairman or presiding or executive officer of any board, commission or agency by which the proceeding involving the person is being conducted. The court or agency conducting the proceeding shall determine and fix a reasonable fee for the services of the interpreter and may provide for the payment of such costs out of funds appropriated for the operation of the courts and agencies. At no time shall the fees for interpreter services be assessed against the person whose primary language is one other than English or who is deaf, hard of hearing or speech impaired.
(b) Fees for interpreters paid by the state board of indigents' defense services shall be in accordance with standards adopted by such board.
History:
L. 1972, ch. 341, § 2; L. 1973, ch. 364, § 2; L. 1982, ch. 364, § 1; L. 1982, ch. 142, § 28; L. 1993, ch. 223, § 7; July 1.