Kansas Statutes Annotated

Selected Excerpts of Chapter 75

Article 43 - Public Officers and Employees

Oath of Office; Open Meetings; Interpreters;

Law Enforcement Backgrounds: Public Employees Relation Board

Current through end of 2018 legislative session


Oath of Office

75-4308    Oath required for public officers and employees.

75-4309    Same; falsifying oaths or affirmations.

75-4310    Oath required for public officers and employees; administering; filing.

75-4311    Same; funds withheld until oath subscribed to and filed.

75-4312    Same; persons required to take oath; time for filing; penalty.

75-4313    Same; unauthorized disbursement of funds; penalty.

75-4314    Same; officer or employee receiving funds without subscribing and filing oath; penalty.


Open Meetings Act

75-4317    Open meetings declared policy of state; citation of act.

75-4317a  Meeting defined.

75-4318    Meetings of state and subdivisions open to public; exceptions; secret ballots; notice; agenda, cameras, photographic lights, recording devices.

75-4319    Closed or executive meetings; conditions; authorized subjects for discussion; binding action prohibited; certain documents identified in meetings not subject to disclosure.

75-4320    Penalties.

75-4320a  Enforcement of act by district courts; burden of proof; court costs; precedence of cases.

75-4320b  Investigation of alleged violations; powers.

75-4320c  Sunflower Foundation: Health Care for Kansas; subject to open meetings law.

75-4320d  Attorney General's Investigation and Enforcement Powers.

75-4320e  Complaint forms.

75-4320f   Consent Judgments.


Public Employee Relations Board (Selected Statutes)

75-4321    Declaration of policy and objectives; election by public employer to be bound by act; termination.

75-4322    Definitions.

75-4323    (Omitted) Public employee relations board; membership; qualifications; terms; compensation and expenses; powers and duties; mediation, arbitration and fact-finding; appointment of personnel or contracts for; rules and regulations.

75-4324    Employees' right to form, join and participate in employee organizations.

75-4325    Supervisory employee not prohibited from membership in employee organization.

75-4326    Existing rights of public employer not affected.

75-4327    (Omitted) Public employee organizations; recognition and certification; membership; meet and confer; determination and certification of appropriate unit; rules and regulations; assessment of election costs.

75-4328    Recognition of right of employee organization to represent employees.

75-4329    (Omitted) Disputes concerning recognition of employee organization; procedure for resolving.

75-4330    Memorandum agreements, limitations; grievance procedures; arbitration; judicial review.

75-4331    (Omitted) Memorandum of understanding; financial report; consideration and action; rejection.

75-4332    (Omitted) Memoranda of agreement; procedure in case of impasse; fact-finding board; hearing; costs; confidentiality.

75-4333    Prohibited practices; evidence of bad faith.

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.

75-4335    Act inapplicable to public employers, other than state or its agencies, adopting provisions and procedures determined by board to be reasonably equivalent.

75-4336    (Omitted) Registration of business agents for employee organizations; application; certificate; fee; exemption.

75-4337    (Omitted) Annual report of employee organizations; contents; fee; alternative filing of federal reports; exemption.

75-4338    Employee organizations; use of organization dues for partisan or political purposes prohibited.

75-4339    (Omitted) Invalidity of act.


Interpreters

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.

75-4352    Same; compensation for services.

75-4353    Same; qualifications of interpreter; determination; persons disqualified.

75-4354    Same; duty of interpreter; oath; disclosure.


Law Enforcement Background Information

75-4379    Law enforcement officer applicants; file and information sharing by law enforcement agencies and governmental agencies; waiver; disclosure, restrictions.

 

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.


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.


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.


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.


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.


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.


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.


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.


75-4317a. Meeting defined.

(a)   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 of 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.


75-4318. Meetings of state and subdivisions open to public; exceptions; secret ballots; notice; agenda, cameras, photographic lights, recording devices.

(a)   Subject to the provisions of subsection (f), all meetings for the conduct of the affairs of, and the transaction of business by, all legislative and administrative bodies and agencies of the state and political and taxing subdivisions thereof, including boards, commissions, authorities, councils, committees, subcommittees and other subordinate groups thereof, receiving or expending and supported in whole or in part by public funds shall be open to the public and no binding action by such public bodies or agencies shall be by secret ballot. Meetings of task forces, advisory committees or subcommittees of advisory committees created pursuant to a governor's executive order shall be open to the public in accordance with this act.

(b)   Notice of the date, time and place of any regular or special meeting of a public body or agency designated in subsection (a) shall be furnished to any person requesting such notice, except that:

        (1)   If notice is requested by petition, the petition shall designate one person to receive notice on behalf of all persons named in the petition, and notice to such person shall constitute notice to all persons named in the petition;

        (2)   if notice is furnished to an executive officer of an employees' organization or trade association, such notice shall be deemed to have been furnished to the entire membership of such organization or association; and

        (3)   the public body or agency may require that a request to receive notice must be submitted again to the public body or agency prior to the commencement of any subsequent fiscal year of the public body or agency during which the person wishes to continue receiving notice, but, prior to discontinuing notice to any person, the public body or agency must notify the person that notice will be discontinued unless the person resubmits a request to receive notice.

(c)    It shall be the duty of the presiding officer or other person calling the meeting, if the meeting is not called by the presiding officer, to furnish the notice required by subsection (b).

(d)   Prior to any meeting mentioned by subsection (a), any agenda relating to the business to be transacted at such meeting shall be made available to any person requesting the agenda.

(e)   The use of cameras, photographic lights and recording devices shall not be prohibited at any meeting mentioned by subsection (a), but such use shall be subject to reasonable rules designed to insure the orderly conduct of the proceedings at such meeting.

(f)    Except as provided by section 22 of article 2 of the constitution of the state of Kansas, interactive communications in a series shall be open if they collectively involve a majority of the membership of the public body or agency, share a common topic of discussion concerning the business or affairs of the public body or agency, and are intended by any or all of the participants to reach agreement on a matter that would require binding action to be taken by the public body or agency.

(g)   The provisions of the open meetings law shall not apply:

        (1)   To any administrative body that is authorized by law to exercise quasi-judicial functions when such body is deliberating matters relating to a decision involving such quasi-judicial functions;

        (2)   to the prisoner review board when conducting parole hearings or parole violation hearings held at a correctional institution;

        (3)   to any impeachment inquiry or other impeachment matter referred to any committee of the house of representatives prior to the report of such committee to the full house of representatives; and

        (4)   if otherwise provided by state or federal law or by rules of the Kansas senate or house of representatives.

History: L. 1972, ch. 319, § 2; L. 1975, ch. 455, § 2; L. 1977, ch. 301, § 2; L. 1978, ch. 361, § 1; L. 1985, ch. 284, § 1; L. 2001, ch. 122, § 1; L. 2002, ch. 162, § 1; L. 2008, ch. 178, § 2; L. 2009, ch. 58, § 1, L. 2012, ch. 16, § 32; L. 2015, ch. 68, § 15; July 1.


75-4319. Closed or executive meetings; conditions; authorized subjects for discussion; binding action prohibited; certain documents identified in meetings not subject to disclosure.

(a)   Upon formal motion made, seconded and carried, all public bodies and agencies subject to the open meetings act may recess, but not adjourn, open meetings for closed or executive meetings. Any motion to recess for a closed or executive meeting shall include: (1) A statement describing the subjects to be discussed during the closed or executive meeting; (2) the justification listed in subsection (b) for closing the meeting; and (3) the time and place at which the open meeting shall resume. The complete motion shall be recorded in the minutes of the meeting and shall be maintained as a part of the permanent records of the public body or agency. Discussion during the closed or executive meeting shall be limited to those subjects stated in the motion.

(b)   Justifications for recess to a closed or executive meeting may only

include the following, the need:

        (1)   To discuss personnel matters of nonelected personnel;

        (2)   for consultation with an attorney for the public body or agency which would be deemed privileged in the attorney-client relationship;

        (3)   to discuss employer-employee negotiations whether or not in consultation with the representative or representatives of the body or agency;

        (4)   to discuss data relating to financial affairs or trade secrets of corporations, partnerships, trusts, and individual proprietorships;

        (5)   to discuss matters relating to actions adversely or favorably affecting a person as a student, patient or resident of a public institution, except that any such person shall have the right to a public hearing if requested by the person;

        (6)   for the preliminary discussion of the acquisition of real property;

        (7)   to discuss matters relating to parimutual racing permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 74-8804 and amendments thereto;

        (8)   to discuss matters relating to the care of children permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 2016 Supp. 38-2212(d)(1), or 38-2213(e) and amendments thereto;

        (9)   to discuss matters relating to the investigation of child deaths permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 22a-243 (j) and amendments thereto;

        (10) to discuss matters relating to patients and providers permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 39-7,119(g) and amendments thereto;

        (11) to dicuss matters required to be discussed in a closed or executive meeting pursuant to a tribal-state gaming compact;

        (12) to discuss matters relating to security measures, if the discussion of such matters at an open meeting would jeopardize such security measures, that protect: (A) Systems, facilities or equipment used in the production, transmission or distribution of energy, water or communications services; (B) transportation and sewer or wastewater treatment systems, facilities or equipment; (C) a public body or agency, public building or facility or the information system of a public body or agency; or (D) private property or persons, if the matter is submitted to the public body or agency for purposes of this paragraph. For purposes of this paragraph, security means measures that protect against criminal acts intended to intimidate or coerce the civilian population, influence government policy by intimidation or coercion or to affect the operation of government by disruption of public services, mass destruction, assassination or kidnapping. Security measures include, but are not limited to, intelligence information, tactical plans, resource deployment and vulnerability assessments;

        (13) to discuss matters relating to maternity centers and child care facilitiespermitted to be discussed in a closed or executive meeting pursuant to K.S.A. 65-525(d), and amendments thereto; and

        (14) to discuss matters relating to the office of inspector general permitted to be discussed in a closed or executive meeting pursuant to K.S.A. 2016 Supp. 75-7427, and amendments thereto; and

        (15) for the governor’s domestic violence fatality review board to conduct case reviews.

(c)    No binding action shall be taken during closed or executive recesses, and such recesses shall not be used as a subterfuge to defeat the purposes of this act. Any confidential records or information relating to security measures provided or received under the provisions of subsection (b)(12), shall not be subject to subpoena, discovery or other demand in any administrative, criminal or civil action.

History: L. 1972, ch. 319, § 3; L. 1977, ch. 301, § 3; L. 1981, ch. 344, § 1; L. 1988, ch. 315, § 4; L. 1992, ch. 318, § 9; L. 1993, ch. 286, § 75; L. 1994, ch. 254, § 3; L. 1996, ch. 256, § 23; L. 1999, ch. 96, § 2; L. 2001, ch. 190, § 2; L. 2004, ch. 177, § 2; L. 2005, ch. 126, § 4; L. 2007, ch. 177, § 16; L. 2009, ch. 132, § 14; L. 2012, ch. 16, § 33; L. 2015, ch. 68, § 16; L. 2017, ch. 73, § 4; July 1.


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 this 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. 75-4320(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.


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 section 4 [of 2015 HB 2256, tenatively K.S.A. 75-4321], 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.


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.


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.


75-4320d. Attorney General's Investigation and Enforcement Powers

(a)   The attorney general may determine by a preponderance of the evidence after an investigation that a public body or agency has violated K.S.A. 75-4317 et seq., and amendments thereto, and may, at any time prior to the filing of an action pursuant to K.S.A. 75-4320a, and amendments thereto, either enter into a consent order with the public body or agency or issue a finding of violation to the public body or agency.

        (1)   If the attorney general enters into a consent order with the public body or agency, the consent order:

                (A)   May contain admissions of fact and any or all of the following:

                        (i)    Require completion of training approved by the attorney general concerning the requirements of K.S.A. 75-4317 et seq., and amendments thereto;

                        (ii)   impose a civil penalty as provided for in K.S.A. 75-4320, and amendments thereto, in an amount not to exceed $250 for each violation; and

                        (iii)  set forth the public body’s or agency’s agreement that it will comply with the requirements of the open meetings act, K.S.A. 75-4317 et seq., and amendments thereto; and

                (B)   shall bear the signature of the head of the public body or agency, of any officer found to have violated the provisions of K.S.A. 75-4317 et seq., and amendments thereto, and of any other person required by the attorney general.

        (2)   If the attorney general issues a finding of violation to the public body or agency, the finding may contain findings of fact and conclusions of law and require the public body or agency to do any or all of the following:

                (A)   Cease and desist from further violation;

                (B)   comply with the provisions of K.S.A. 75-4317 et seq., and amendments thereto;

                (C)   complete training approved by the attorney general concerning the requirements of K.S.A. 75-4317 et seq., and amendments thereto; and

                (D)  pay a civil penalty as provided for in K.S.A. 75-4320, and amendments thereto, in an amount not to exceed $500 for each violation.

(b)   The attorney general may require submission of proof that requirements of any consent order entered pursuant to subsection (a)(1) or any finding of violation issued pursuant to subsection (a)(2) have been satisfied.

(c)    (1)   The attorney general may apply to the district court to enforce a consent order pursuant to subsection (a)(1) or finding of violation pursuant to subsection (a)(2). Prior to applying to the district court, the attorney general shall make a demand to the public body or agency to comply with the consent order or finding of violation and afford reasonable opportunity for the public body or agency to cure the violation.

        (2)   An enforcement action under this section may be filed in the district court of the county where the consent order or finding of violation is issued or is effective. The district court of any county shall have jurisdiction to enforce any consent order or finding of violation.

        (3)   If the district court finds the attorney general did not abuse the attorney general’s discretion in entering into the consent order or issuing the finding of violation, the district court shall enter an order that:

                (A)   Enjoins the public body or agency to comply with the consent order or finding of violation;

                (B)   imposes a civil penalty as provided for in K.S.A. 75-4320, and amendments thereto. The penalty shall be set by the court in an amount not less than the amount ordered by the attorney general, nor more than $500 for each violation;

                (C)   requires the public body or agency to pay the attorney general’s court costs and costs incurred in investigating the violation; and

                (D)  provides for any other remedy authorized by K.S.A. 75-4320a(a), and amendments thereto, that the court deems appropriate.

        (4)   In any enforcement action under this section, if the court finds that any of the provisions of K.S.A. 75-4317 et seq., and amendments thereto, were violated, such court:

                (A)   Except as provided in subsection (c)(4)(B), may require the public body or agency to pay the attorney general’s reasonable attorney fees; and

                (B)   shall require the public body or agency to pay the attorney general’s reasonable attorney fees, if the public body’s or agency’s violation was not made in good faith and without a reasonable basis in fact or law.

(d)   Any finding of violation issued by the attorney general pursuant to subsection (a)(2) shall be served upon the public body or agency:

        (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.

(e)   The attorney general shall maintain and make available for public inspection all consent orders entered pursuant to subsection (a)(1) and all findings of violation issued pursuant to subsection (a)(2).

(f)    This section shall be a part of and supplemental to the open meetings act.

History: L. 2015, ch. 68, § 4; July 1.


75-4320e. Complaint forms.

(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.


75-4320f. Consent Judgments.

(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.


75-4321. Declaration of policy and objectives; election by public employer to be bound by act; termination.

(a)   The legislature hereby finds and declares that:

        (1)   The people of this state have a fundamental interest in the development of harmonious and cooperative relationships between government and its employees;

        (2)   the denial by some public employers of the right of public employees to organize and the refusal by some to accept the principle and procedure of full communication between public employers and public employee organizations can lead to various forms of strife and unrest;

        (3)   the state has a basic obligation to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of government;

        (4)   there neither is, nor can be, an analogy of statuses between public employees and private employees, in fact or law, because of inherent differences in the employment relationship arising out of the unique fact that the public employer was established by and is run for the benefit of all the people and its authority derives not from contract nor the profit motive inherent in the principle of free private enterprise, but from the constitution, statutes, civil service rules, regulations and resolutions; and

        (5)   the difference between public and private employment is further reflected in the constraints that bar any abdication or bargaining away by public employers of their continuing legislative discretion and in the fact that constitutional provisions as to contract, property, and due process do not apply to the public employer and employee relationship.

(b)   Subject to the provisions of subsection (c), it is the purpose of this act to obligate public agencies, public employees and their representatives to enter into discussions with affirmative willingness to resolve grievances and disputes relating to conditions of employment, acting within the framework of law. It is also the purpose of this act to promote the improvement of employer-employee relations within the various public agencies of the state and its political subdivisions by providing a uniform basis for recognizing the right of public employees to join organizations of their own choice, or to refrain from joining, and be represented by such organizations in their employment relations and dealings with public agencies.

(c)    The governing body of any public employer, other than the state and its agencies, by a majority vote of all the members may elect to bring such public employer under the provisions of this act, and upon such election the public employer and its employees shall be bound by its provisions from the date of such election. Once an election has been made to bring the public employer under the provisions of this act it continues in effect unless rescinded by a majority vote of all members of the governing body. No vote to rescind shall take effect until the termination of the next complete budget year following such vote.

History: L. 1971, ch. 264, § 1; March 1, 1972.


75-4322. Definitions. As used in this act:

(a)   "Public employee" means any person employed by any public agency, except those persons classed as supervisory employees, professional employees of school districts, as defined by subsection (c) of K.S.A. 72-5413, elected and management officials, and confidential employees.

(b)   "Supervisory employee" means any individual who normally performs different work from his subordinates, having authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend a preponderance of such actions, if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. A memorandum of agreement may provide for a definition of "supervisory employees" as an alternative to the definition herein.

(c)    "Confidential employee" means any employee whose unrestricted access to confidential personnel files or other information concerning the administrative operations of a public agency, or whose functional responsibilities or knowledge in connection with the issues involved in the meet and confer process would make his membership in the same employee organization as other employees incompatible with his official duties.

(d)   "Professional employee" includes any employee: (1) Whose work is predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; involves the consistent exercise of discretion and judgment; requires knowledge of an advanced type in a field of science or learning customarily acquired by prolonged study in an institution of higher learning; or (2) who has completed courses of prolonged study as described in paragraph (1) of this subsection, and is performing related work under the supervision of a professional person in order to qualify as a professional employee as defined in paragraph (1) of this subsection; or (3) attorneys-at-law or any other person who is registered as a qualified professional by a board of registration or other public body established for such purposes under the laws of this state.

(e)   "Elected and management officials" means any elective official and any appointed officer charged by law with major administrative and management responsibilities.

(f)    "Public agency" or "public employer" means every governmental subdivision, including any county, township, city, school district, special district, board, commission, or instrumentality or other similar unit whose governing body exercises similar governmental powers, and the state of Kansas and its state agencies.

(g)   "Governing body" means the legislative body, policy board or other authority of the public employer possessing legislative or policymaking responsibilities pursuant to the constitution or laws of this state.

(h)   "Representative of the public agency" means the chief executive officer of the public employer or his or her designee, except when the governing body provides otherwise, and except in the case of the state of Kansas and its state agencies. Such chief executive shall be for counties, the chairman of the board of county commissioners; for cities, the mayor, city manager or city superintendent; for school districts, the president of the board of education; and for other local units, such similar elected or appointed officer. In the case of the state of Kansas and its state agencies, "representative of the public employer" means a team of persons, the head of which shall be a person designated by the secretary of administration and the heads of the state agency or state agencies involved or one person designated by each such state agency head.

(i)    "Employee organization" means any organization which includes employees of a public agency and which has as one of its primary purposes representing such employees in dealings with that public agency over conditions of employment and grievances.

(j)    "Recognized employee organization" means an employee organization which has been formally acknowledged by the public agency or certified as representing a majority of the employees of an appropriate unit.

(k)   "Business agent" means any authorized person who is a full-time official of an employee organization and whose principal duties are to act or to attempt to act for an employee organization (1) in proceedings to meet and confer and other proceedings involving a memorandum of agreement, (2) in servicing existing memorandums of agreement, or (3) in organizing employees into employee organizations.

(l)    "Board" means the public employee relations board established pursuant to this act.

(m)  "Meet and confer in good faith" is the process whereby the representative of a public agency and representatives of recognized employee organizations have the mutual obligation personally to meet and confer in order to exchange freely information, opinions and proposals to endeavor to reach agreement on conditions of employment.

(n)   "Memorandum of agreement" means a written memorandum of understanding arrived at by the representatives of the public agency and a recognized employee organization which may be presented to the governing body of a public employer or its statutory representative and to the membership of such organization for appropriate action.

(o)   "Mediation" means effort by an impartial third party to assist in reconciling a dispute regarding conditions of employment between representatives of the public agency and recognized employee organizations through interpretation and advice.

(p)   "Fact-finding" means investigation of such a dispute by an individual, panel, or board with the fact-finder submitting a report to the parties describing the issues involved; the report shall contain recommendations for settlement and may be made public.

(q)   "Arbitration" means interpretation of the terms of an existing or a new memorandum of agreement or investigation of disputes by an impartial third party whose decision may or may not be final and binding. Arbitration is advisory when the results are not binding upon the parties; it is final and binding when both parties, of their own volition, agree to submit a dispute to, and to abide by the decision of, the impartial third party.

(r)    "Strike" means an action taken for the purpose of coercing a change in the conditions, rights, privileges or obligations of employment through the failure by concerted action with others to report for duty or to work at usual capability in the performance of the normal duties of employment.

(s)    "Lockout" means action taken by the public employer to provoke interruptions of or prevent the continuity of work normally and usually performed by the employees for the purpose of coercing the employees into relinquishing rights guaranteed by this act.

(t)    "Conditions of employment" means salaries, wages, hours of work, vacation allowances, sick and injury leave, number of holidays, retirement benefits, insurance benefits, prepaid legal service benefits, wearing apparel, premium pay for overtime, shift differential pay, jury duty and grievance procedures, but nothing in this act shall authorize the adjustment or change of such matters which have been fixed by statute or by the constitution of this state.

(u)   "Grievance" means a statement of dissatisfaction by a public employee, supervisory employee, employee organization or public employer concerning interpretation of a memorandum of agreement or traditional work practice.

(v)   "Budget submission date" means (1) for any public employers subject to the budget law in K.S.A. 79-2925 et seq. the date of July 1, and (2) for any other public employer the date fixed by law. "Budget submission date" means, in the case of the state and its state agencies, the date of September 15.

(w)  "Legislature" means the legislature of the state of Kansas.

(x)   "State agency" means the same as is ascribed thereto in K.S.A. 75-3701.

History: L. 1971, ch. 264, § 2; L. 1972, ch. 340, § 1; L. 1973, ch. 363, § 1; L. 1974, ch. 207, § 6; L. 1977, ch. 302, § 1; July 1.


75-4323. Public employee relations board; membership; qualifications; terms; compensation and expenses; powers and duties; mediation, arbitration and fact-finding; appointment of personnel or contracts for; rules and regulations.

Omitted: See http://www.ksrevisor.org/statutes/chapters/ch75/075_043_0023.html


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.


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.


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.


75-4327. Public employee organizations; recognition and certification; membership; meet and confer; determination and certification of appropriate unit; rules and regulations; assessment of election costs.

Omitted: See http://www.ksrevisor.org/statutes/chapters/ch75/075_043_0027.html


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.


75-4329. Disputes concerning recognition of employee organization; procedure for resolving.

Omitted: See http://www.ksrevisor.org/statutes/chapters/ch75/075_043_0029.html


75-4330. Memorandum agreements, limitations; grievance procedures; arbitration; judicial review.

(a)   The scope of a memorandum of agreement may extend to all matters relating to conditions of employment, except proposals relating to (1) any subject preempted by federal or state law or by a municipal ordinance passed under the provisions of section 5 of article 12 of the Kansas constitution; (2) public employee rights defined in K.S.A. 75-4324, and amendments thereto; (3) public employer rights defined in K.S.A. 75-4326, and amendments thereto; or (4) the authority and power of any civil service commission, personnel board, personnel agency or its agents established by statute, ordinance or special act to conduct and grade merit examinations and to rate candidates in the order of their relative excellence, from which appointments or promotions may be made to positions in the competitive division of the classified service of the public employer served by such civil service commission or personnel board. Any memorandum of agreement relating to conditions of employment entered into may be executed for a maximum period of three years, notwithstanding the provisions of the cash-basis law contained in K.S.A. 10-1102 et seq., and amendments thereto, and the budget law contained in K.S.A. 79-2925 et seq., and amendments thereto.

(b)   Such memorandum agreement may contain a grievance procedure and may provide for the impartial arbitration of any disputes that arise on the interpretation of the memorandum agreement. Such arbitration shall be advisory or final and binding, as determined by the agreement, and may provide for the use of a fact-finding board. The public employee relations board is authorized to establish rules for procedure of arbitration in the event the agreement has not established such rules. In the absence of arbitrary and capricious rulings by the fact-finding board during arbitration, the decision of that board shall be final. Judicial review shall be in accordance with the Kansas judicial review act.

(c)    Notwithstanding the other provisions of this section and the act of which this section is a part, when a memorandum of agreement applies to the state or to any state agency, the memorandum of agreement shall not be effective as to any matter requiring passage of legislation or state finance council approval, until approved as provided in this subsection. When executed, each memorandum of agreement shall be submitted to the state finance council. Any part or parts of a memorandum of agreement which relate to a matter which can be implemented by amendment of rules and regulations of the secretary of administration or by amendment of the pay plan and pay schedules of the state may be approved or rejected by the state finance council, and if approved, shall thereupon be implemented by it to become effective at such time or times as it specifies. Any part or parts of a memorandum of agreement which require passage of legislation for the implementation thereof shall be submitted to the legislature at its next regular session, and if approved by the legislature shall become effective on a date specified by the legislature.

History: L. 1971, ch. 264, § 10; L. 1972, ch. 340, § 2; L. 1986, ch. 318, § 138; L. 2010, ch. 17, § 201; July 1.


75-4331. Memorandum of understanding; financial report; consideration and action; rejection.

Omitted: See http://www.ksrevisor.org/statutes/chapters/ch75/075_043_0031.html

 

75-4332. Memoranda of agreement; procedure in case of impasse; fact-finding board; hearing; costs; confidentiality.

Omitted: See http://www.ksrevisor.org/statutes/chapters/ch75/075_043_0032.html


75-4333. Prohibited practices; evidence of bad faith.

(a)   The commission of any prohibited practice, as defined in this section, among other actions, shall constitute evidence of bad faith in meet and confer proceedings.

(b)   It shall be a prohibited practice for a public employer or its designated representative willfully to:

        (1)   Interfere, restrain or coerce public employees in the exercise of rights granted in K.S.A. 75-4324, and amendments thereto;

        (2)   dominate, interfere or assist in the formation, existence, or administration of any employee organization;

        (3)   encourage or discourage membership in any employee organization, committee, association or representation plan by discrimination in hiring, tenure or other conditions of employment, or by blacklisting;

        (4)   discharge or discriminate against an employee because such employee has filed any affidavit, petition or complaint or given any information or testimony under this act, or because such employee has formed, joined or chosen to be represented by any employee organization;

        (5)   refuse to meet and confer in good faith with representatives of recognized employee organizations as required in K.S.A. 75-4327, and amendments thereto;

        (6)   deny the rights accompanying certification or formal recognition granted in K.S.A. 75-4328, and amendments thereto;

        (7)   deliberately and intentionally avoid mediation, fact-finding, and arbitration endeavors as provided in K.S.A. 75-4332, and amendments thereto; or

        (8)   institute or attempt to institute a lockout.

(c)    It shall be a prohibited practice for public employees or employee organizations willfully to:

        (1)   Interfere with, restrain or coerce public employees in the exercise of rights granted in K.S.A. 75-4324, and amendments thereto;

        (2)   interfere with, restrain or coerce a public employer with respect to management rights granted in K.S.A. 75-4326, and amendments thereto, or with respect to selecting a representative for the purposes of meeting and conferring or the adjustment of grievances;

        (3)   refuse to meet and confer in good faith with a public employer as required in K.S.A. 75-4327, and amendments thereto;

        (4)   deliberately and intentionally avoid mediation, fact-finding and arbitration efforts as provided in K.S.A. 75-4332, and amendments thereto; or

        (5)   engage in a strike.

(d)   (1)   It shall be a prohibited practice for a public employee organization to endorse candidates, spend any of its income, directly or indirectly, for partisan or political purposes or engage in any kind of activity advocating or opposing the election of candidates for any public office.

        (2)   For the purposes of this section, "partisan or political purposes" means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate for public office at any caucus, political convention, primary or election.

(e)   In the application and construction of this section, fundamental distinctions between private and public employment shall be recognized, and no body of federal or state law applicable wholly or in part to private employment shall be regarded as binding or controlling precedent.

History: L. 1971, ch. 264, § 13; L. 2013, ch. 6, § 2; July 1.


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.


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.


75-4336. Registration of business agents for employee organizations; application; certificate; fee; exemption.

Omitted: See http://www.ksrevisor.org/statutes/chapters/ch75/075_043_0036.html


75-4337. Annual report of employee organizations; contents; fee; alternative filing of federal reports; exemption.

Omitted: See http://www.ksrevisor.org/statutes/chapters/ch75/075_043_0037.html


75-4338. Employee organizations; use of organization dues for partisan or political purposes prohibited.

(a)   It shall be a prohibited practice for any professional employees' organization, as defined in K.S.A. 72-2218, and amendments thereto, or public employee organization, as defined in K.S.A. 75-4322, and amendments thereto, to use any dues, fees, money or other assessments deducted from a member's paycheck for the purpose of engaging in partisan or political purposes as defined in subsection (d). A professional employees' organization or public employee organization may not require any contribution to a candidate, personal campaign committee, political action committee, registered political party, or political fund as a condition of membership or participation in the professional employees' organization or public employee organization.

(b)   (1)   A professional employees' organization or a public employee organization wishing to make expenditures for partisan or political purposes shall establish a political fund.

        (2)   Each professional employees' organization or public employee organization that establishes a political fund shall:

                (A)   Maintain the political fund as a separate, segregated account apart from any account containing money received by a professional employees' organization or a public employee organization as union dues;

                (B)   ensure that each contribution to the political fund is voluntary; and

                (C)   establish the political fund as a political action committee.

        (3)   (A)   A professional employees' organization or a public employee organization may only make expenditures for partisan or political purposes from a political fund established in accordance with this section.

                (B)   A professional employees' organization or a public employee organization may not expend union dues for partisan or political purposes or transfer union dues to a political fund.

(c)    (1)   Nothing in this section precludes a professional employees' organization or a public employee organization from making expenditures of union dues to communicate directly with its own members about political candidates or political issues.

        (2)   Nothing in this section precludes a professional employees' organization or public employee organization from making expenditures of union dues either for the establishment of a political fund or to solicit contributions from its members to a political fund.

(d)   (1)   "Partisan or political purposes" means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate for public office at any caucus, political convention, primary, or election.

        (2)   "Political fund" means a separate segregated fund established by a professional employees' organization or a public employee organization for partisan and political purposes that meets the requirements of this section.

        (3)   "Union dues" means dues, fees, money, or other assessments required as a condition of membership or participation in a professional employees' organization or a public employee organization.

(e)   This section as it relates to public employee organizations shall be supplemental to the provisions of K.S.A. 75-4333, and amendments thereto, and shall be enforced pursuant to the provisions of K.S.A. 75-4334, and amendments thereto.

(f)    This section as it relates to professional employees' organizations shall be supplemental to the provisions of K.S.A. 72-2235, and amendments thereto, and shall be enforced pursuant to the provisions of K.S.A. 72-2236, and amendments thereto.

History: L. 2013, ch. 6, § 1; July 1.


75-4339. Invalidity of act. 

Omitted: See http://www.ksrevisor.org/statutes/chapters/ch75/075_043_0039.html


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.


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.


75-4353. Same; qualifications of interpreter; determination; persons disqualified.

(a)   No one shall be appointed to serve as an interpreter for a person pursuant to the provisions of K.S.A. 75-4351, and amendments thereto, if such interpreter is married to that person, related to that person within the first or second degrees of consanguinity, living with that person or is otherwise interested in the outcome of the proceeding, unless the appointing authority determines that no other qualified interpreter is available to serve.

(b)   No person shall be appointed as an interpreter pursuant to the provisions of K.S.A. 75-4351, and amendments thereto, unless the appointing authority makes a preliminary determination that the interpreter is able to readily communicate with the person whose primary language is one other than English and is able to accurately repeat and translate the statement of such person.

(c)    In appointing a qualified interpreter for a person whose primary language is other than English pursuant to the provisions of K.S.A. 75-4351 et seq., and amendments thereto, the appointing authority shall appoint: (A) A qualified interpreter who meets the following criteria; or (B) a qualified interpreter who is employed by a technology-based, telecommunications interpretation service available on a twenty-four hour basis who meets the following criteria:

        (1)   A general understanding of cultural concepts, usage and expressions of the foreign language being interpreted, including the foreign language's varieties, dialects and accents;

        (2)   the ability to interpret and translate in a manner which reflects the educational level and understanding of the person whose primary language is other than English;

        (3)   basic knowledge of legal rights of persons involved in law enforcement investigations, administrative matters and court proceedings and procedures, as the case may be; and

        (4)   sound skills in written and oral communication between English and the foreign language being translated, including the qualified interpreter's ability to translate complex questions, answers and concepts in a timely, coherent and accurate manner.

History: L. 1972, ch. 341, § 3; L. 1973, ch. 364, § 3; L. 1993, ch. 223, § 6; July 1.


75-4354. Same; duty of interpreter; oath; disclosure.

(a)   Every interpreter appointed pursuant to the provisions of K.S.A. 75-4351, and amendments thereto, before entering upon such interpreter's duties, shall take an oath that such interpreter will make a true interpretation in an understandable manner to the person for whom such interpreter is appointed, and that such interpreter will repeat the statements of such person in the English language to the best of such interpreter's skill and judgment.

(b)   An interpreter who is employed to interpret, transliterate or relay a communication between a person who can speak English and a person whose primary language is one other than English is a conduit for the communication and may not disclose or be compelled to disclose, through reporting, testimony or by subpoena, the contents of the communication.

History: L. 1972, ch. 341, § 4; L. 1993, ch. 223, § 8; July 1.


75-4379. Law enforcement officer applicants; file and information sharing by law enforcement agencies and governmental agencies; waiver; disclosure, restrictions.

(a)   A hiring agency shall require each applicant interviewed by such agency for a law enforcement officer position who has been employed by another state or local law enforcement agency or governmental agency to execute a written waiver that:

        (1)   Explicitly authorizes each state or local law enforcement agency or governmental agency that has employed the applicant to disclose the applicant’s files to the hiring agency; and

        (2)   releases the hiring agency and each state or local law enforcement agency or governmental agency that employed the applicant from any liability related to the use and disclosure of the applicant’s files. An applicant who refuses to execute the written waiver shall not be considered for employment by the hiring agency. The hiring agency shall include the written waiver with each request for information submitted to a state or local law enforcement agency or governmental agency that has employed the applicant.

(b)   Except as provided in subsection (c), a state or local law enforcement agency or governmental agency that receives a written waiver described in subsection (a) shall disclose the applicant’s files to the hiring agency not more than 21 days after such receipt. Such law enforcement agency or governmental agency may choose to disclose the applicant’s files by either:

        (1)   Providing copies to the hiring agency; or

        (2)   allowing the hiring agency to review the files at the law enforcement agency’s office or governmental agency’s office.

(c)    (1)   A state or local law enforcement agency or governmental agency is not required to disclose the applicant’s files pursuant to subsection (b) if such agency is prohibited from providing the files pursuant to a binding nondisclosure agreement to which such agency is a party, and such agreement was executed before July 1, 2018.

        (2)   A state or local law enforcement agency or governmental agency is required to disclose the applicant’s files pursuant to subsection (b) if such files are subject to a binding nondisclosure agreement to which such agency is a party, and such agreement was executed on or after July 1, 2018, but the disclosure shall be limited to files necessary to determine the qualifications and fitness of the applicant for performance of duties in a law enforcement officer position.

        (3)   A state or local law enforcement agency or governmental agency may redact personally identifiable information of persons other than the applicant in files disclosed to the hiring agency.

(d)   A state or local law enforcement agency or governmental agency shall not be liable for complying with the provisions of this section in good faith or participating in an official oral interview with an investigator regarding the applicant.

(e)   Except as provided in subsection (f), or except as necessary for such agency’s internal hiring processes, files obtained pursuant to this section shall not be disclosed by the hiring agency.

(f)    Files obtained pursuant to this section shall constitute, for the purposes of the open records act, a record of the state or local law enforcement agency or governmental agency that made, maintained or kept such files. Such files shall not be subject to a request for inspection and copying under the open records act directed toward the hiring agency obtaining the files. The official custodian of such files, for the purposes of the open records act, shall be the official custodian of the records of such state or local law enforcement agency or governmental agency. Except in a civil action involving negligent hiring, such files shall not be subject to discovery, subpoena or other process directed toward the hiring agency obtaining the files.

(g)   As used in this section:

        (1)   "Files" means all performance reviews or other files related to job performance, commendations, administrative files, grievances, previous personnel applications, personnel-related claims, disciplinary actions, internal investigation files, suspensions, investigation-related leave, documents concerning termination or other departure from employment, all complaints and all early warning information. "Files" shall not include nonperformance documents or data, including, but not limited to, medical files, schedules, pay and benefit information or similar administrative data or information.

        (2)   "Early warning information" means information from a databased management tool designed to identify officers who may be exhibiting precursors of problems on the job that can result in providing those officers with counseling or training to divert them away from conduct that may become a disciplinary matter.

        (3)   "Governmental agency" means the state or subdivision of the state with oversight of the state or local law enforcement agency.

        (4)   "Hiring agency" means a state or local law enforcement agency processing an application for employment, regardless of whether the applicant is ultimately hired.

        (5)   "State or local law enforcement agency" means any public agency employing a law enforcement officer as defined in K.S.A. 74-5602, and amendments thereto.

History: L. 2018, ch. 93, § 1; July 1.