Judges: Carla J. Stovall, Attorney General of Kansas
Filed Date: 5/29/1996
Status: Precedential
Modified Date: 7/5/2016
The Honorable Clyde D. Graeber State Representative, 41st District 2400 Kingman Leavenworth, Kansas 66048
The Honorable L. Candy Ruff State Representative, 40th District 321 Arch Leavenworth, Kansas 66048
Dear Representatives Graeber and Ruff:
You request our opinion concerning whether K.S.A.
K.S.A.
"The relatives by blood or marriage of the mayor or any commissioner are hereby disqualified from holding any city office during the term for which said mayor or commissioners are elected."
The city of Leavenworth has adopted the commissioner-city manager form of government pursuant to K.S.A.
Your next inquiry is whether a police officer holds a city office pursuant to K.S.A.
"In many respects a policeman is a municipal officer, but in other and more important respects the legislature and the courts have raised him out of the class of a mere subordinate or employee. . . .
"A policeman is a conservator of the peace and exercises many of the functions of sovereignty and important duties are imposed upon him by the legislature. This court has frequently recognized police officers as exercising the functions of sovereignty; and being clothed with such extensive powers they must be considered public officers." 94 Kan. at 334.
In Attorney General Opinion No. 77-130 former Attorney General Curt Schneider opined that the position of a city police officer is a public office and a relative by blood or marriage of a commissioner may not hold such office during the term of the mayor or commissioner.
The Haney case has not been overruled and, therefore, there is no reason to depart from the rationale of the former Attorney General's opinion. Consequently, it is our opinion that the son of a city commissioner is disqualified from being appointed as a police officerduring his father's term. The city does have the option of exercising its home rule power by chartering out of the statute if it is desirous of removing such disqualification.
Very truly yours,
CARLA J. STOVALL Attorney General of Kansas
Mary Feighny Assistant Attorney General
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