75-4320. Penalties. (a) Any member of a public body or agency subject to the open meetings act who knowingly violates any of the provisions of such act or who intentionally fails to furnish information as required by K.S.A. 75-4318(b), and amendments thereto, shall be liable for the payment of a civil penalty in an action brought by the attorney general or county or district attorney, in a sum set by the court of not to exceed $500 for each violation. In addition, any binding action which is taken at a meeting not in substantial compliance with the provisions of the open meetings act shall be voidable in any action brought by the attorney general or county or district attorney in the district court of the county in which the meeting was held within 21 days of the meeting, and the court shall have jurisdiction to issue injunctions or writs of mandamus to enforce the provisions of the open meetings act.
(b) Civil penalties sued for and recovered hereunder by the attorney general shall be paid into the attorney general's open government fund. Civil penalties sued for and recovered hereunder by a county or district attorney shall be paid into the general fund of the county where the proceedings were instigated.
(c) No fine shall be imposed pursuant to subsection (a) for violations of K.S.A. 75-4318(f), and amendments thereto, which occur prior to July 1, 2009.
History: L. 1972, ch. 319, § 4; L. 1977, ch. 301, § 4; L. 2004, ch. 177, § 3; L. 2008, ch. 178, § 3; L. 2015, ch. 68, § 17; July 1.
Structure Kansas Statutes
Chapter 75 - State Departments; Public Officers And Employees
Article 43 - Public Officers And Employees
75-4301a Governmental ethics applicable to local governmental subdivisions; definitions.
75-4306 Penalties for violations; severability.
75-4308 Oath required for public officers and employees.
75-4309 Same; falsifying oaths or affirmations.
75-4310 Oath required for public officers and employees; administering; filing.
75-4311 Same; funds withheld until oath subscribed to and filed.
75-4312 Same; persons required to take oath; time for filing; penalty.
75-4313 Same; unauthorized disbursement of funds; penalty.
75-4314 Same; officer or employee receiving funds without subscribing and filing oath; penalty.
75-4317 Open meetings declared policy of state; citation of act.
75-4320a Enforcement of act by district courts; burden of proof; court costs; precedence of cases.
75-4320b Investigation of alleged violations; powers.
75-4320c Sunflower Foundation: Health Care for Kansas; subject to open meetings law.
75-4320d Civil remedies to enforce act by attorney general; consent order; finding of violation.
75-4320e Complaint form prescribed by attorney general.
75-4320f Civil remedies to enforce act; consent order.
75-4324 Employees' right to form, join and participate in employee organizations.
75-4325 Supervisory employee not prohibited from membership in employee organization.
75-4326 Existing rights of public employer not affected.
75-4328 Recognition of right of employee organization to represent employees.
75-4329 Disputes concerning recognition of employee organization; procedure for resolving.
75-4330 Memorandum agreements, limitations; grievance procedures; arbitration; judicial review.
75-4331 Memorandum of understanding; financial report; consideration and action; rejection.
75-4333 Prohibited practices; evidence of bad faith.
75-4352 Same; compensation for services.
75-4353 Same; qualifications of interpreter; determination; persons disqualified.
75-4354 Same; duty of interpreter; oath; disclosure.
75-4355 Same; inherent power of court not limited.
75-4355a Interpreters for deaf, hard of hearing or speech impaired; court proceedings.
75-4355b Same; certification; fees; other modes of communication.
75-4355d Enforcement; construction.
75-4371 Same; compensation for accumulated sick leave; rules and regulations.
75-4375 Same; compensation for certain direct care employees after layoff; determination of amount.