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19-4327. Dismissals and suspensions; hearings, when; reinstatement; orders. (a) The sheriff may dismiss any permanent employee when he considers that the good of the service will be served thereby, and for disciplinary purposes may suspend without pay a permanent classified employee for a period not to exceed thirty (30) days but no permanent employee shall be dismissed for political, religious or racial reasons. In case of a dismissal or suspension, the civil service board shall be furnished with a statement in writing specifically setting forth the reasons for such dismissal or suspension. Upon request, a copy of such statement shall be furnished to such employee.

(b) Any employee so dismissed or suspended may request in writing within thirty (30) days after receipt of such notification a hearing before the board to determine the reasonableness of such action and the board shall grant the employee a hearing within fifteen (15) days after receipt of such request.

(c) After the hearing and consideration of the evidence for and against a suspension, the board shall approve or disapprove such action and in the event of a disapproval, the board shall order the reinstatement of the employee and the payment to the employee of such salary as has been lost by reason of such suspension.

(d) After the hearing and consideration of the evidence for and against a dismissal, the board shall approve or disapprove such action and may make any one of the following appropriate orders: (1) Order the reinstatement of the employee and the payment to the employee of such salary as has been lost by reason of such dismissal. (2) Sustain the dismissal of such employee. (3) Except as provided above the board may sustain the dismissal, but may order the name of the dismissed employee returned to the appropriate registers, or may take steps to effect the transfer of such employee to a comparable position in another department.

(e) The board shall establish such rules as may be necessary to give effect to the provisions of the above section.

History: L. 1969, ch. 136, § 25; L. 1973, ch. 126, § 5; July 1.

Attorney General's Opinions:

Employment systems; civil service system in urban area and other counties; enforcement of rules. 84-77.

Home rule alteration of administrative board's jurisdiction and powers. 90-2.

Dismissal and suspension of deputy by sheriff; meaning of "days." 94-49.

CASE ANNOTATIONS

1. Review of decision of board must be by appeal, not declaratory judgment action. Ratley v. Sheriff's Civil Service Board, 7 Kan. App. 2d 638, 639, 641, 646 P.2d 1133 (1982).

2. When civil service board sustains deputy's dismissal, it has no authority to require sheriff or others to rehire. Zoellner v. Civil Service Bd. of Leavenworth County, 39 Kan. App. 2d 693, 699, 182 P.3d 1288 (2008).

3. Section does not limit a sheriff's civil service board's review to considering whether a sheriff dismissed a permanent employee for discriminatory reasons; board is empowered to determine the "reasonableness" of a sheriff"s decision, and any such review is a quasi-judicial function that must be substantially supported by evidence. Denning v. Johnson County Sheriff's Civil Service Bd., 299 Kan. 1070, 1080-82, 329 P.3d 440 (2014).


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