KANSAS OFFICE of
  REVISOR of STATUTES

  

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75-4320a. Enforcement of act by district courts; burden of proof; court costs; precedence of cases. (a) The district court of any county in which a meeting is held shall have jurisdiction to enforce the purposes of K.S.A. 75-4318 and 75-4319, and amendments thereto, with respect to such meeting, by injunction, mandamus, declaratory judgment or other appropriate order, on application of any person. The district court may require a defendant to complete training approved by the attorney general concerning the requirements of the open meetings act.

(b) In any action hereunder or under K.S.A. 75-4320d, and amendments thereto, the burden of proof shall be on the public body or agency to sustain its action.

(c) In any action hereunder, the court may award court costs to the person seeking to enforce the provisions of K.S.A. 75-4318 or 75-4319, and amendments thereto, if the court finds that the provisions of those statutes were violated. The award shall be assessed against the public body or agency responsible for the violation.

(d) In any action hereunder in which the defendant is the prevailing party, the court may award to the defendant court costs if the court finds that the plaintiff maintained the action frivolously, not in good faith or without a reasonable basis in fact or law.

(e) In any action hereunder brought by the attorney general or a county or district attorney, if the court finds that any provisions of K.S.A. 75-4318 or 75-4319, and amendments thereto, were violated, such court:

(1) Except as provided in subsection (e)(2), may award the attorney general's or the county or district attorney's reasonable expenses, investigation costs and attorney fees; and

(2) shall award the same if the court determines that the violation was not made in good faith and without a reasonable basis in fact or law.

(f) Except as otherwise provided by law, proceedings arising under this section shall take precedence over all other cases and shall be assigned for hearing and trial at the earliest practicable date.

(g) As used in this section, "meeting" has the meaning provided by K.S.A. 75-4317a, and amendments thereto.

History: L. 1981, ch. 344, § 2; L. 2015, ch. 68, § 18; July 1.

Law Review and Bar Journal References:

"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:

KOMA; informal gatherings. 81-262.

KOMA; meetings with special interest groups. 81-264.

KOMA; telephone conversations; public access. 81-268.

KOMA; persons who may attend executive sessions. 82-176.

CASE ANNOTATIONS

1. Degree and burden of proof necessary to sustain State's case discussed; act should be liberally interpreted. State ex rel. Murray v. Palmgren, 231 K. 524, 527, 646 P.2d 1091 (1982).

2. Cited; act confers no constitutional rights and court has no jurisdiction to determine if act applicable. Boster v. Philpot, 645 F.Supp. 798, 808 (1986).

3. The definition of "meeting" contained in KOMA (75-4317 et seq.) examined and held not to include telephone calls. State ex rel Stephan v. Board of Seward County Comm'rs, 254 K. 446, 451, 866 P.2d 1024 (1994).


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