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19-205. Eligibility to office of commissioner; appointment of commissioner to state board; volunteer activities. (a) Except as provided by K.S.A. 12-344 and 12-345, and amendments thereto, and K.S.A. 12-363 and 12-365, and amendments thereto, no person holding any state, county, township or city office shall be eligible to the office of county commissioner in any county in this state.

(b) Nothing in this section shall prohibit the appointment of any county commissioner to any state board, committee, council, commission or similar body which is established pursuant to statutory authority, so long as any county commissioner so appointed is not entitled to receive any pay, compensation, subsistence, mileage or expenses for serving on such body other than that which is provided by law to be paid in accordance with the provisions of K.S.A. 75-3223, and amendments thereto.

(c) Any county commissioner may serve as a volunteer in any capacity for an emergency medical service or ambulance service or as a volunteer fire fighter and may receive the usual compensation or other remuneration for such volunteer services.

History: G.S. 1868, ch. 25, § 12; L. 1913, ch. 155, § 1; L. 1917, ch. 144, § 1; R.S. 1923, 19-205; L. 1970, ch. 366, § 14; L. 1979, ch. 68, § 1; L. 1996, ch. 11, § 8; L. 2006, ch. 187, § 11; L. 2017, ch. 40, § 1; July 1.

Attorney General's Opinions:

County commissioners; eligibility to hold other offices. 79-255, 80-158, 81-136.

County clerks; county clerk as candidate for county commission. 81-284.

County commissioners; incompatibility of offices. 82-8.

Eligibility of county employee to serve as county commissioner. 82-111.

County commissioner; eligibility to serve simultaneously as a county hospital trustee. 83-11.

Groundwater management districts; director serving as state legislator; no incompatibility. 84-59.

County commissioners; powers and duties; eligibility to office of commissioner. 86-6.

Sheriffs' deputies and undersheriffs; limitation of personnel action; mayor of county commission holding other office; incompatibility of offices. 91-98.

County commissioner prohibited from holding city office; "city office" considered. 1999-11.

Appointment to county law enforcement agency by city and county; residency requirements. 2000-6.

Same person may not serve concurrently as county commissioner and county hospital trustee. 2012-15.

EMS technician and facility coordinator positions are not an "office" within meaning of section. 2016-12.

Police officer is prohibited from serving as county commissioner. 2016-20.

County hospital clinic director may serve as county commissioner. 2022-8.

CASE ANNOTATIONS

1. A coroner is not eligible. Rogers v. Slonaker, 32 Kan. 191, 4 P. 138.

2. City official not eligible. The State, ex rel., v. Plywell, 46 Kan. 294, 297, 26 P. 479.

3. "Eligible" as here used means "legally qualified." Demaree v. Scates, 50 Kan. 275, 32 P. 1123.

4. Cited in discussing incompatible offices. Abry v. Gray, 58 Kan. 148, 149, 48 P. 577.


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