25-4161. Complaint, confidentiality and determination of sufficiency; investigation; notification of attorney general of violation of other laws; dismissal or hearing on complaint; remedies and protections for state employees filing complaints. (a) If a complaint is filed and the commission determines that such verified complaint does not allege facts, directly or upon information and belief, sufficient to constitute a violation of any provision of the campaign finance act, it shall dismiss the complaint and notify the complainant and respondent thereof.
(b) Whenever a complaint is filed with the commission alleging a violation of a provision of the campaign finance act, such filing and the allegations therein shall be confidential and shall not be disclosed except as provided in the campaign finance act.
(c) If a complaint is filed and the commission determines that such verified complaint does allege facts, directly or upon information and belief, sufficient to constitute a violation of any of the provisions of the campaign finance act, the commission shall promptly investigate the alleged violation.
(d) The commission shall notify the attorney general of any apparent violation of criminal law or other laws not administered by the commission, which is discovered during the course of any such investigation.
(e) If after the investigation, the commission finds that probable cause does not exist for believing the allegations of the complaint, the commission shall dismiss the complaint. If after such investigation, the commission finds that probable cause exists for believing the allegations of the complaint, such complaint shall no longer be confidential and may be disclosed. Upon making any such finding, the commission shall fix a time for a hearing of the matter, which shall be not more than 30 days after such finding. In either event the commission shall notify the complainant and respondent of its determination.
(f) The remedies and protections provided by K.S.A. 75-2973, and amendments thereto, shall be available to any state employee against whom disciplinary action has been taken for filing a complaint pursuant to this act.
History: L. 1981, ch. 171, § 20; L. 1984, ch. 145, § 2; L. 1988, ch. 369, § 1; L. 1990, ch. 129, § 5; L. 1991, ch. 150, § 14; July 1.
Structure Kansas Statutes
Article 41 - Election Campaign Finance; General
25-4119b Same; transfer of powers, duties and functions; former opinions and rules and regulations.
25-4119d Membership on commission; qualifications for.
25-4119e Governmental ethics commission fee fund; expenditures.
25-4119f Candidate filing fees for support of commission; credit to commission fee fund.
25-4119g Statement of fair campaign practices; preparation; mailing to candidates.
25-4143 Campaign finance; definitions.
25-4148 Reports required of treasurer; when filed; contents; electronic filing, when required.
25-4148c Independent expenditures by party or political committees; reporting requirements.
25-4149 Allocation of contributions and other receipts and expenditures.
25-4151 Reports; declaration of correctness; forms; late filing; preservation.
25-4153a Contributions; limitations during legislative sessions.
25-4153b Contributions and expenditures; legislators, candidates; prohibitions.
25-4155 Debts and obligations; statements required.
25-4158a Campaign finance forms; electronic filing.
25-4159 Commission opinions; publication and filing; effect of acts that accord with opinions.
25-4160 Complaints of violations; copy to respondent.
25-4162 Same; withdrawal of complaints; civil action for malicious prosecution; when.
25-4163 Same; rights of respondent; hearing procedure; compulsory process; hearings to be public.
25-4164 Actions of commission following hearing.
25-4167 Failure to file a campaign finance report; misdemeanor.
25-4168 Fraudulent campaign finance reporting; misdemeanor.
25-4170 Excessive campaign contributions; misdemeanor.
25-4174 Same; when amount exceeded; filing of past and future reports.
25-4176 Same; when amount exceeded; filing of past and future reports.
25-4177 Failure to file affidavit of intent; misdemeanor.
25-4178 Continuation in force and effect of advisory opinions and rules and regulations.
25-4182 Same; cease and desist order; emergencies.
25-4183 Same; injunction; restraining order; mandamus.
25-4185 Same; appeal of commission orders.
25-4187 Inaugural expense fund; administration by adjutant general; authorized uses.
25-4189 Public service announcements or advertisements; when prohibited.