46-256. Same; 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 the commission determines that a verified complaint does not allege facts, directly or upon information and belief, sufficient to constitute a violation of any provision of this 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 any provision of this act, such filing and the allegations therein shall be confidential and shall not be disclosed except as provided in this act.
(c) If 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 this act, the commission promptly shall 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 preliminary 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 in 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. 1974, ch. 353, § 42; L. 1988, ch. 181, § 1; L. 1991, ch. 150, § 30; July 1.
Structure Kansas Statutes
Article 2 - State Governmental Ethics
46-215 Application of definitions.
46-216 "Compensation" defined.
46-217 "Economic opportunity" defined.
46-218 "Preceding calendar year" defined.
46-219 "Legislative matter" defined.
46-221 State officer or employee, candidate and state officer elect defined.
46-222 "Lobbyist" defined; exceptions.
46-224 "State agency" and "rules and regulations" defined.
46-225 "Lobbying" defined; exceptions; employment of legislator as a lobbyist prohibited.
46-226 "Representation case" defined.
46-227 "Associated person" defined.
46-228 "Special interest" defined.
46-229 "Substantial interest" and "client or customer" defined.
46-232 Lobbying by state officer or employee; prohibited acts; exception.
46-234 Restrictions on appointments of state officers to other state offices.
46-235 Restrictions on compensation of state officers and employees.
46-240 Same; restrictions on compensation.
46-241 Disclosure or use of confidential information by state officer or employee.
46-243 Censure or forfeiture of office or employment for violation.
46-244 Same; commencement and final determination of action.
46-247 Individuals required to file written statements of substantial interests; exception.
46-248a Same; failure to file on time; notice.
46-249 Same; content of statement.
46-250 Same; forms; amendments.
46-251 Failure to file true statement of substantial interests defined and classified as crime.
46-252 Same; availability for public examination and copying; procedure.
46-253 "Commission" defined; rules and regulations.
46-254 Opinions; effect of compliance with opinion; filing, publication and disposition.
46-255 Verified complaints; filing with commission; conditions; transmittal of copy to respondent.
46-258 Hearings by commission; limitations on oral evidence; rights of parties; open to public.
46-262 Statement of commission's findings of facts after hearing; disposition.
46-263 Action upon commission's findings.
46-267 Lobbyists; contingent fees and referral fees prohibited; lobbying contracts.
46-271 Lobbying restrictions; gifts or contributions; hospitality; exceptions.
46-273 Same; improper influence over state agency in representation case.
46-274 Unlawful lobbying defined and classified as crime.
46-275 Giving false lobbying information defined and classified as crime.
46-276 Violations of certain sections classified as crimes.
46-277 Intent required for act, action or conduct to constitute violation.
46-280 Failure to register or file reports; late filing; civil penalty.
46-281 Application of definitions in 46-282 to 46-285.
46-283 "Major policy making" position defined.
46-287 Advertising to influence legislative action; prohibited acts.
46-288 Violations of state governmental ethics laws; civil fine.
46-289 Same; cease and desist order; emergencies.
46-290 Same; injunction; restraining order; mandamus.
46-292 Same; appeal of commission orders.
46-293 Severability of chapter 150 of the Laws of 1991.
46-294 Contracts involving state universities; state employee; restrictions.