Kansas Statutes Annotated
Updated Through the 2015 Legislative Session

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Statute Number:75-4320a
Chapter Title:STATE DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article Title:PUBLIC OFFICERS AND EMPLOYEES
Tax Type:All
Brief Description:Enforcement of act by district courts; burden of proof; court
costs; precedence of cases.
Keywords:


Body:

75-4320a.Enforcement of act by district courts; burden of proof; court costs; precedence of cases.(a) The district court of any county in which a meeting is held shall have jurisdiction to enforce the purposes of K.S.A.75-4318and75-4319, and amendments thereto, with respect to such meeting, by injunction, mandamus, declaratory judgment or other appropriate order, on application of any person. The district court may require a defendant to complete training approved by the attorney general concerning the requirements of the open meetings act.
(b) In any action hereunder or under K.S.A. 2015 Supp.75-4320d, and amendments thereto, the burden of proof shall be on the public body or agency to sustain its action.
(c) In any action hereunder, the court may award court costs to the person seeking to enforce the provisions of K.S.A.75-4318or75-4319, and amendments thereto, if the court finds that the provisions of those statutes were violated. The award shall be assessed against the public body or agency responsible for the violation.
(d) In any action hereunder in which the defendant is the prevailing party, the court may award to the defendant court costs if the court finds that the plaintiff maintained the action frivolously, not in good faith or without a reasonable basis in fact or law.
(e) In any action hereunder brought by the attorney general or a county or district attorney, if the court finds that any provisions of K.S.A.75-4318or75-4319, and amendments thereto, were violated, such court:
(1) Except as provided in subsection (e)(2), may award the attorney general's or the county or district attorney's reasonable expenses, investigation costs and attorney fees; and
(2) shall award the same if the court determines that the violation was not made in good faith and without a reasonable basis in fact or law.
(f) Except as otherwise provided by law, proceedings arising under this section shall take precedence over all other cases and shall be assigned for hearing and trial at the earliest practicable date.
(g) As used in this section, "meeting" has the meaning provided by K.S.A.75-4317a, and amendments thereto.
History:L. 1981, ch. 344, 2; L. 2015, ch. 68, 18; July 1.



Date Composed: 12/03/2015 Date Modified: 12/04/2015

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