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Archive for March, 2014

During the initial 2001 Johnson County Home Rule Charter Commission and during the 10 year review 2011 Johnson County Home Rule Charter Commission, a considerable amount of time was spent debating whether the County Sheriff should be elected or appointed.  All the while:

19-801a.Sheriff; election, term, bond. Except in those counties operating under the provisions of any consolidated law enforcement act, beginning with the general election in 1976, a sheriff shall be elected in each county, for four (4) years. Such sheriff shall, before entering upon the duties of the office, execute to the state of Kansas a good and sufficient corporate surety bond, issued by a company authorized to do business in Kansas in an amount fixed by the board of county commissioners of not less than ten thousand dollars ($10,000). Such bond, when approved, shall be filed in the office of the county clerk.

So where did this myth come from?  Where did either Charter Commission come to believe they had authority to ignore State Statute?  Peeked my curiosity, and this is what we found:

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19-301.County clerk; election, term, bond. Beginning with the general election in 1976, a county clerk shall be elected in each county, for a term of four (4) years. Such county clerk shall, before entering upon the duties of the office, execute and file with the county treasurer a good and sufficient corporate surety bond, conditioned on the faithful performance of the duties of the office. Such bond shall be issued by a company authorized to do business in Kansas, in an amount to be fixed by the county treasurer of not less than ten thousand dollars ($10,000).

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Home Rule Charter County Clerk: The position of County Clerk shall be appointed, not elected, and the functions and operations of the office of County Clerk shall be performed under the administrative authority of the County Manager. The statutory duties of the County Clerk shall be performed by or, as necessary, consolidated under the authority of and as delegated and assigned by the County Manager. Compliance with this provision shall occur when the County Clerk elected in November 2000 leaves office.

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19-1201.Register of deeds; election, term, bond. Beginning with the general election in 1976, a register of deeds shall be elected in each county for a term of four (4) years. Such register of deeds shall, before entering upon the duties of the office, execute to the state of Kansas and file with the county clerk, a good and sufficient corporate surety bond issued by a company authorized to do business in this state in an amount approved by the county clerk of not less than ten thousand dollars ($10,000). Such bond shall be conditioned on the faithful performance of the duties of the office and that such register of deeds will deliver to the successor in such office all property belonging to such office.

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Home Rule Charter  Register of Deeds: The position of the Register of Deeds shall be appointed, not elected, and the functions and operations of the office of the Register of Deeds shall be performed under the administrative authority of the County Manager. The statutory duties of the Register of Deeds shall be performed by the County Clerk, or, as necessary, consolidated under the authority of and as delegated and assigned by the County Manager. Compliance with this provision shall occur when the Register of Deeds elected in November 2000 leaves office.

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19-501.County treasurer; election, term, bond. Each county treasurer elected at the general election in 1976 shall serve until the second Tuesday in October of 1981 and until a successor is elected and qualified. At the general election in 1980, and every four (4) years thereafter, a county treasurer shall be elected in each county for a term of four (4) years, commencing on the second Tuesday in October following the election, and until a successor is elected and qualified.  Such county treasurer shall, before entering upon the duties, of the office execute to the state of Kansas a corporate surety bond issued by a company authorized to do business in this state and approved by the board of county commissioners in an amount of not less than twenty-five thousand dollars ($25,000). Such bond, with the approval of the board endorsed thereon by the clerk, shall be filed in the office of the county clerk. In the event the board of commissioners shall not be in session in time for any county treasurer to present such bond for their approval as above specified, or such county treasurer shall be unable, for any reason, to present such bond at any regular meeting of the board after due notice of such county treasurer’s election, such county treasurer may present such bond to the chairman or clerk of the board for approval, and the approval endorsed thereon shall have the same effect as if done by the board of county commissioners. In the event the amount of the bond is approved by only the chairman or the clerk of the board, it shall not be less than twice the amount of all moneys directed by the board to be levied in the county during the previous year.

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Home Rule Charter  County Treasurer: The position of the County Treasurer shall be appointed, not elected, and the functions and operations of the office of the County Treasurer shall be performed under the administrative authority of the County Manager. The statutory duties of the County Treasurer shall be performed by or, as necessary, consolidated under the authority of and as delegated and assigned by the County Manager. Compliance with this provision shall occur when the County Treasurer elected in November 2000 leaves office.

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That brings us back to the current lawsuit regarding The County Board of County Commissioners violating The Home Rule Charter and their argument that Statute trumps Charter.  Well Commissioners a reasonable person would conclude quite the opposite.  Charter trumps Statute.

Commissioners, if your legal eagles are successful in proving your position, the judge will have no other choice than remand The Home Rule Charter.  This should make for a busy Monday.  See you in court Tuesday but for now, the choice is yours.

“Life, Liberty and the Pursuit of Anyone Who Threatens It”
Ken Dunwoody                                         GOD
Henpecked Acres                                     One Nation
14850 W. 159th St. Olathe, Ks. 66062
(913)768-1603
kdunwoody2@aol.com
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Following the statutory 20 days and 10 additional day extension, Johnson County has finally responded to our law suit with these two documents: p-motiontodismiss and p-memoranduminsupportofmotiontodismiss

I find it interesting that the county’s main argument is that the Plaintiffs do not “have standing” in defense of The Constitution.

Next-  April 1, 2014 at 11:00 a.m. Division 3, Hearing on Plaintiffs’ request for a temporary restraining order.

We will find out if The Home Rule Charter “has standing”.

“Life, Liberty and the Pursuit of Anyone Who Threatens It”
Ken Dunwoody                                                  GOD
Henpecked Acres                                One Nation
14850 W. 159th St.
Olathe, Ks. 66062
(913)768-1603
kdunwoody2@aol.com
http://NOlathe.net

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SUNSHINE Award 2014

“Life, Liberty and the Pursuit of Anyone Who Threatens It”
Ken Dunwoody                                         GOD
Henpecked Acres                                     
One Nation
14850 W. 159th St.
Olathe, Ks. 66062
(913)768-1603
kdunwoody2@aol.com
http://NOlathe.net

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“Life, Liberty and the Pursuit of Anyone Who Threatens It”
Ken Dunwoody
Henpecked Acres   
14850 W. 159th St.
Olathe, Ks. 66062
(913)768-1603
kdunwoody2@aol.com
http://NOlathe.net

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