Printable Format72-2233. Fact finding; report of findings and recommendations of board; meeting required after report; report to be made public, exceptions; final action by board of education. (a) Upon receipt of a written request filed by either party under K.S.A. 72-2232 and upon notification of the other party of the request, the secretary shall appoint forthwith a fact-finding board of not more than three (3) members and shall notify the parties of the appointment. Members of the fact-finding board shall be appointed from a list maintained by the secretary of qualified and impartial individuals who are representative of the public. The individual who was appointed as the mediator under K.S.A. 72-2232 to assist in resolving the impasse, shall not be appointed to the fact-finding board for such impasse.
(b) Upon appointment of the fact-finding board and prior to any meeting of the board with the parties, the secretary shall submit the memorandum required to be prepared and submitted by each party under K.S.A. 72-2232 to the other party and to the fact-finding board. The fact-finding board shall meet with the parties or their representatives, or both, either jointly or separately, and may make such inquiries and investigations and hold such hearings on the issues upon which the impasse exists, as the fact-finding board may deem appropriate.
(c) For the purpose of conducting inquiries, investigations and hearings, the fact-finding board shall have the power to administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence and compel attendance of witnesses and the production of documents by the issuance of subpoenas. In the event of refusal to obey a subpoena on the part of any person or persons, the fact-finding board shall have authority to bring an action to enforce the subpoena in a court of competent jurisdiction.
(d) On the basis of the inquiries, investigations and hearings, the fact-finding board shall determine the issues upon which the impasse exists, make findings of fact regarding the issues and shall make recommendations for resolution of the impasse. Within ten (10) days after its appointment, the fact-finding board shall submit privately and on the same date to the secretary and to each of the parties, the written report of the fact-finding board containing the findings of fact and the recommendation of the fact-finding board, except that such ten-day period may be extended by agreement of the parties not to exceed a maximum of seven (7) additional days. The recommendation of the fact-finding board shall not be binding on either the board of education or the recognized professional employees' organization.
(e) Within the ten (10) days immediately after receipt of the report of the fact-finding board, the parties shall meet at least once in an effort to reach agreement for resolution of the impasse. Either the board of education or the professional employees' organization may make public the report of the fact-finding board. The secretary shall make the report public ten (10) days after receipt of the report unless (1) the board of education and the recognized professional employees' organization agree to an extension of the ten-day period and give notice of such agreement to the secretary in which case, subject to provision (2), the report shall be made public by the secretary upon the expiration of such extended period of days, except that such ten-day period shall not be extended by the parties beyond a maximum of seven (7) additional days; or (2) the board of education and the recognized professional employees' organization notify the secretary at any time prior to the expiration of the applicable period of days that agreement for resolution of the impasse has been reached.
(f) When the report of the fact-finding board is made public, if the board of education and the recognized professional employees' organization do not resolve the impasse and reach an agreement, the board of education shall take such action as it deems in the public interest, including the interest of the professional employees involved, and shall make such action public.
History: L. 1977, ch. 248, § 9; L. 1980, ch. 220, § 11; July 1.
Source or Prior Law:
72-5428.
Law Review and Bar Journal References:
"Survey of Kansas Law: Civil Procedure," Jerry G. Elliott, 27 K.L.R. 185, 193 (1979).
CASE ANNOTATIONS
1. Mentioned; order declaring impasse not subject to appeal. In re NEA-Topeka, Inc., 224 Kan. 291, 292, 579 P.2d 1216. Opinion supplemented, 224 Kan. 582, 583, 581 P.2d 1187.
2. Act construed and applied; judge directed to order commencement of impasse resolution procedures. Garden City Educators' Ass'n v. Vance, 224 Kan. 732, 733, 735, 738, 743, 585 P.2d 1057.
3. Construed as empowering boards to include unnegotiated items in teacher contracts after utilization of impasse procedures. Riley County Education Ass'n v. U.S.D. No. 378, 225 Kan. 385, 391, 592 P.2d 87.
4. Authority granted secretary of human resources under act does not violate Kansas constitution. NEA-Fort Scott v. U.S.D. No. 234, 225 Kan. 607, 608, 592 P.2d 463.
5. Appeal dismissed; parties entered into a negotiated contract between time appeal was taken and hearing thereon. NEA-Topeka, Inc. v. U.S.D. No. 501, 227 Kan. 290, 292, 607 P.2d 40.
6. Appeal from trial court's finding of occurrence of prohibited practices during negotiations dismissed; moot. NEA-Topeka, Inc. v. U.S.D. No. 501, 227 Kan. 529, 530, 531, 608 P.2d 920.
7. Applied; school board precluded from rescinding its decision until individual teachers had reasonable time to accept or reject. Burrton Education Ass'n v. U.S.D. No. 369, 4 Kan. App. 2d 141, 143, 144, 145, 146, 147, 148, 604 P.2d 57.
8. Legislature intended to grant school boards complete freedom where impasse procedures fail, subject to the public interest. U.S.D. No. 279 v. Secretary of Kansas Dept. of Human Resources, 14 Kan. App. 2d 248, 249; affirmed in part, reversed in part, 247 Kan. 519, 521, 527, 802 P.2d 516 (1990).