46-1222 Legislative Coordinating Council
From: Marlene Jones <jonesma@sbcglobal.net>
Sent: Wednesday, March 04, 2009 9:46 AM
To: AngelFury@AngelFury.org
Subject: Fw: 46-1222 Legislative Coordinating Council
Claudine
this is an email that I had sent to the Chair of the Legislative Corrdinating Council regarding the power of the legislators and their attorneys - I believe that there has to be a majority. The legislators council (attorneys) have the same power as the attorney genreal of kansas and the DA's and county attorneys in their county. Just have to get them all on the same track. In Sedgwick county the quo warranto could be used to remove Nola Foulston for prosecutorial misconduct - bullying social workers into falsifying documents to remove children? Don't know if I've ever sent this - heard you spoke with the legislators -problem is just like with senator Steve Morris - He told me that they don't have any power - they need to look into what their committees have the power to do by law.
marlene
Sent: Tuesday, November 11, 2008 1:24 PM
Subject: Fw: 46-1222 Legislative Coordinating Council
Senator Morris
According to the statute the legislative coordinating council directs the legislative council in the case of quo warranto who shall have the same powers and standing in all courts as any county attorney, district attorney and attorney general has in any court.
Please correct me if I'm wrong.
I'm also including the statutes of quo warranto
Marlene Jones
316-729-7727
46-1222a
Chapter 46.--LEGISLATURE Article 12.--LEGISLATIVE COORDINATING COUNCIL
(f) The legislative counsel shall represent the legislature, or either house thereof, in any school finance litigation or other cause or matter as directed by the legislative coordinating council. In cases of quo warranto and mandamus the legislative counsel shall have the same powers and standing in all courts of this state as any county attorney or district attorney has in such attorney's county or in the supreme court and as the attorney general has in any court. When the legislature is in session, either house thereof by its resolution, or both houses by concurrent resolution may authorize the legislative coordinating council to direct the legislative counsel to bring or participate in any cause or action by representing the legislature or either house thereof or the legislative coordinating council in any court of this state or of the United States. When the legislature is not in session, the legislative coordinating council may direct the legislative counsel to bring or participate in any cause or action by representing the legislature or either house thereof or the legislative coordinating council in any court of this state or of the United States in accordance with directions of the legislative coordinating council.
60-1202 60-1203 60-1204 60-1205 60-1206 60-1207 60-1208
60-1205. Grounds for forfeiture of public office. Every person holding any office of trust or profit, under and by virtue of any of the laws of the state of Kansas, either state, district, county, township or city office, except those subject to removal from office only by impeachment, who shall (1) willfully engage in misconduct while in office, (2) willfully neglect to perform any duty enjoined upon such person by law, (3) demonstrate mental impairment such that the person lacks the capacity to manage the office held, or (4) who shall commit any act constituting a violation of any penal statute involving moral turpitude, shall forfeit such person's office and shall be ousted from such office in the manner hereinafter provided. History: L. 1963, ch. 303, 60-1205; L. 2003, ch. 127, § 10; July 1.
60-1206. Instituting ouster proceedings. (a) On complaint. The attorney general or any county attorney in the county of his or her jurisdiction, upon receiving written notice that an officer covered by K.S.A. 60-1205 has violated any of the provisions thereof, shall investigate the complaint. If reasonable cause is found for the complaint, proceedings shall be instituted to oust such officer, but proceedings may be initiated by the attorney general or the county attorney without complaint having been made.
60-1207. Suspension of officer during hearing. Upon application to the court before which the petition for ouster is pending, an officer may be suspended from performing any of the duties of his or her office, pending a final hearing and determination of the matter; and the authority having the power of appointment to fill vacancies in such office, shall upon such suspension appoint some proper person temporarily to fill said office and to carry on its duties until such matter shall be finally determined or until the successor of the officer so suspended shall be elected and shall have qualified. No person shall be suspended from office under the provisions of this act until at least five (5) days' notice of the application for the order of suspension shall be served upon such person, which notice shall set forth the time and place of the hearing of said application and said officer shall have the right to appear and make any defense that he or she may have and shall be entitled to a full hearing upon the charges contained in the complaint and upon the application for the order. No suspension shall be made except upon finding of good cause therefor. If on the final hearing the officer is not removed from office, the officer shall receive the salary allowed by law during the time of his or her suspension. The officer so temporarily appointed shall receive the same salary as is provided by law to be paid the officer filling such position.
History: L. 1963, ch. 303, 60-1207; Jan. 1, 1964.