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  REVISOR of STATUTES

  

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75-4320. Penalties. (a) Any member of a public body or agency subject to the open meetings act who knowingly violates any of the provisions of such act or who intentionally fails to furnish information as required by K.S.A. 75-4318(b), and amendments thereto, shall be liable for the payment of a civil penalty in an action brought by the attorney general or county or district attorney, in a sum set by the court of not to exceed $500 for each violation. In addition, any binding action which is taken at a meeting not in substantial compliance with the provisions of the open meetings act shall be voidable in any action brought by the attorney general or county or district attorney in the district court of the county in which the meeting was held within 21 days of the meeting, and the court shall have jurisdiction to issue injunctions or writs of mandamus to enforce the provisions of the open meetings act.

(b) Civil penalties sued for and recovered hereunder by the attorney general shall be paid into the attorney general's open government fund. Civil penalties sued for and recovered hereunder by a county or district attorney shall be paid into the general fund of the county where the proceedings were instigated.

(c) No fine shall be imposed pursuant to subsection (a) for violations of K.S.A. 75-4318(f), and amendments thereto, which occur prior to July 1, 2009.

History: L. 1972, ch. 319, § 4; L. 1977, ch. 301, § 4; L. 2004, ch. 177, § 3; L. 2008, ch. 178, § 3; L. 2015, ch. 68, § 17; July 1.

Law Review and Bar Journal References:

"The Kansas Open Meeting Act: Sunshine on the Sunflower State?" Deanell R. Tacha, 25 K.L.R. 169, 180, 197 (1977).

"Survey of Kansas Law: Municipal Corporations," Richard H. Seaton, 27 K.L.R. 269, 273 (1979).

"Open Meetings Profile: The Prosecutor's View," Bradley J. Smoot and Louis M. Clothier, 20 W.L.J. 241 (1981).

"Agency Access and Disclosure: Kansas and Federal," David L. Ryan, 56 J.K.B.A. No. 6, 8, 10 (1987).

"Kansas Sunshine Law; How Bright Does it Shine Now? The Kansas Open Meetings Act," Theresa Marcel Nuckolls, 72 J.K.B.A. No. 6, 34 (2003).

Attorney General's Opinions:

Violations of KOMA as grounds for forfeiture of public office. 80-168.

Committees and subordinate groups subject to KOMA. 80-201.

Written and oral requests for notice and agenda under KOMA. 81-15.

KOMA; oral notice; closed sessions. 81-22.

KOMA; attending retreats and conventions. 82-133.

Application of Kansas Open Meetings Act to non-city council meeting. 2000-64.

CASE ANNOTATIONS

1. Provisions applied; under facts and circumstances in case, order of board remanded for reconsideration. Coggins v. Public Employee Relations Board, 2 K.A.2d 416, 424, 581 P.2d 817.

2. To knowingly violate act means to purposefully do the act denounced; does not contemplate specific intent to violate the law. State ex rel. Murray v. Palmgren, 231 K. 524, 525, 530, 536, 540, 541, 646 P.2d 1091 (1982).

3. Injunctive and mandamus relief available to private parties. Stoldt v. City of Toronto, 234 K. 957, 963, 678 P.2d 153 (1984).

4. Non-prearranged recess gathering of county commissioners not violation of open meetings act. Stevens v. Board of Reno County Comm'rs, 10 K.A.2d 523, 526, 710 P.2d 698 (1985).

5. Cited; no abuse of discretion in denying intervention in open meetings case when attorney general did not follow statutory procedure (60-205). Memorial Hospital Ass'n, Inc. v. Knutson, 239 K. 663, 666, 722 P.2d 1093 (1986).

6. If segregation of exempt and nonexempt topics make coherent discussion impossible it may be reasonable to close entire meeting. State v. U.S.D. No. 305, 13 K.A.2d 117, 119, 120, 764 P.2d 459 (1988).


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