§ 75-4301a Governmental ethics applicable to local governmental subdivisions; definitions
§ 75-4302a Same; statement of substantial interests; individuals required to file; filing; rules and regulations; sample forms; disclosure if individual or spouse is officer of nonprofit corporation exempt from federal income taxes
§ 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
§ 75-4304 Same; making or participating in certain contracts prohibited; exceptions; abstaining from action
§ 75-4305 Same; filing of report of interest if statement of substantial interest not filed; abstaining from action
§ 75-4306 Penalties for violations; severability
§ 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
§ 75-4315 Political subdivisions of state authorized to pay compensation semimonthly; section applicable to state agencies until biweekly payroll periods established
§ 75-4315a Appointment of acting state officers to certain positions; authority; compensation; classified civil service status prior to appointment, effect
§ 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
§ 75-4315c Appointments to boards and commissions; congressional district residency requirements; change in district boundaries
§ 75-4315d Nongubernatorial appointments subject to confirmation by senate; procedure; information required to be submitted
§ 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
§ 75-4317 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 Civil remedies to enforce act by attorney general; consent order; finding of violation
§ 75-4320e Complaint form prescribed by attorney general
§ 75-4320f Civil remedies to enforce act; consent order
§ 75-4321 Declaration of policy and objectives; election by public employer to be bound by act; termination
§ 75-4322 Definitions
§ 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
§ 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 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 Disputes concerning recognition of employee organization; procedure for resolving
§ 75-4330 Memorandum agreements, limitations; grievance procedures; arbitration; judicial review
§ 75-4331 Memorandum of understanding; financial report; consideration and action; rejection
§ 75-4332 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 Registration of business agents for employee organizations; application; certificate; fee; exemption
§ 75-4337 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 Invalidity of act
§ 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
§ 75-4355 Same; inherent power of court not limited
§ 75-4355a Interpreters for deaf, hard of hearing or speech impaired; court proceedings
§ 75-4355b Same; registration of interpreters; requirements; fees; other modes of communication
§ 75-4355c Same; disclosure
§ 75-4355d Enforcement; construction
§ 75-4360 Payment of expenses for defense of governor, adjutant general, superintendent, officer or trooper of highway patrol, agent of the Kansas bureau of investigation and certain persons employed in state correctional institutions in certain civil actions; s
§ 75-4362 Drug screening program; establishment and implementation; duties of director of personnel; state government positions subject to program; effect of positive test result on employment; results confidential; rules and regulations; safety sensitive positi
§ 75-4364 Educational benefits for prisoners of war and spouses and dependents of deceased, injured or disabled public safety officers and military personnel; reimbursement to state educational institutions
§ 75-4370 Officers and employees of certain closed state institutions; procedures and benefits; preference, qualifications; time limit; notice; rules and regulations
§ 75-4371 Same; compensation for accumulated sick leave; rules and regulations
§ 75-4372 Same; qualified to participate in state health care benefits program, periods; closure health insurance fund
§ 75-4373 Same; extended death benefit plan; term life insurance benefit; administration; closure term life insurance fund
§ 75-4374 Same; in-state moving expense reimbursement if employed by or transferred to another state agency; limitations; purchase of adaptive equipment for laid off or transferred employees who are blind
§ 75-4375 Same; compensation for certain direct care employees after layoff; determination of amount
§ 75-4376 Same; definitions
§ 75-4377 Same; implementing personnel rules and regulations affecting memoranda of agreement authorized; procedures; comments of employee organizations; effect
§ 75-4378 Health care benefits and assistance to blind persons employed at Kansas industries for the blind at certain closed facilities; secretary for children and families, duties
§ 75-4379 Law enforcement officer applicants; file and information sharing by law enforcement agencies and governmental agencies; execution of waiver by applicants; required disclosure and restrictions on disclosure; definitions

Terms Used In Kansas Statutes > Chapter 75 > Article 43 - Public Officers and Employees

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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. See Kansas Statutes 75-4322
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Board: means the public employee relations board established pursuant to this act. See Kansas Statutes 75-4322
  • Budget submission date: means (1) for any public employers subject to the budget law in Kan. See Kansas Statutes 75-4322
  • 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. See Kansas Statutes 75-4322
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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. See Kansas Statutes 75-4322
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Elected and management officials: means any elective official and any appointed officer charged by law with major administrative and management responsibilities. See Kansas Statutes 75-4322
  • 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. See Kansas Statutes 75-4322
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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. See Kansas Statutes 75-4322
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • 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. See Kansas Statutes 75-4322
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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. See Kansas Statutes 75-4322
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Legislature: means the legislature of the state of Kansas. See Kansas Statutes 75-4322
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • 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. See Kansas Statutes 75-4322
  • 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. See Kansas Statutes 75-4322
  • 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. See Kansas Statutes 75-4322
  • Minor: means any person defined by Kan. See Kansas Statutes 77-201
  • Oath: includes an affirmation in all cases where an affirmation may be substituted for an oath, and in similar cases "swear" includes affirm. See Kansas Statutes 77-201
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • 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. See Kansas Statutes 75-4322
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • 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 Kan. See Kansas Statutes 75-4322
  • 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. See Kansas Statutes 75-4322
  • Recess: A temporary interruption of the legislative business.
  • 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. See Kansas Statutes 75-4322
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • 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. See Kansas Statutes 75-4322
  • Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
  • State agency: means the same as is ascribed thereto in Kan. See Kansas Statutes 75-4322
  • Statute: A law passed by a legislature.
  • 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. See Kansas Statutes 75-4322
  • Subpoena: A command to a witness to appear and give testimony.
  • 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. See Kansas Statutes 75-4322
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Venue: The geographical location in which a case is tried.