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19-302. Deputies and assistants; duties; bond; acting as county treasurer prohibited; meetings and seminars; budget; limitation on personnel policies and practices. (a) The county clerk shall appoint a deputy county clerk and file a written statement of the appointment in the clerk's office. In the absence or disability of the county clerk or if a vacancy in the office occurs, the deputy county clerk shall perform all the duties of the county clerk during the clerk's absence or until the vacancy is filled. In addition to the deputy, the county clerk also may appoint, promote, demote and dismiss additional deputies and any assistants necessary to carry out the duties of the office. The county clerk shall supervise all assistants in the performance of their duties. The county clerk's surety shall be responsible under the clerk's official bond for the acts of the deputies and any assistants. The county or deputy county clerk shall in no case act as a county treasurer or as the treasurer's deputy. Within the limitations of the budget for the financing of the operation of the clerk's office as approved by the board of county commissioners, the county clerk may attend and may require the deputies and any assistants to attend any meetings or seminars which the clerk determines will be beneficial to the operation of the clerk's office.

(b) The county clerk shall submit a budget for the financing of the operation of the clerk's office to the board of county commissioners for their approval.

(c) Any personnel action taken by the county clerk under this section shall be subject to the following: (1) Personnel policies and procedures established by the board of county commissioners for all county employees other than elected officials; (2) any pay plan established by the board of county commissioners for all county employees other than elected officials; (3) any applicable collective bargaining agreements or civil service system; and (4) the budget for the financing of the operation of the clerk's office as approved by the board of county commissioners.

History: G.S. 1868, ch. 25, § 41; R.S. 1923, 19-302; L. 1983, ch. 91, § 2; July 1.

Attorney General's Opinions:

General provisions; home rule powers. 79-113.

Board of county commissioners; anti-nepotism resolution affecting individuals currently employed. 81-140.

County commissioners; control of county clerk's office. 81-287.

County commissioners' authority over employment of assistants by county treasurer. 89-131.

County attorney's assistants and employees; participation in KAPE. 93-59.

Authority of board of county commissioners over employees of various county departments. 93-64.

County nonelected employee required to take unpaid leave of absence while a candidate running for elected county office. 96-9.

Consolidation of elected offices of register of deeds, county treasurer and county clerk into one or more nonelected offices. 1998-33.

Authority of county elected officials to pay bonuses to their employees is subject to any county-wide pay plan adopted by the board of county commissioners. 2013-3.

County commissioners have no legal authority to subject county elected officials to personnel policies requiring random drug testing. 2016-16.

County commissioners do not have authority to supersede another elected county official's power to appoint, promote, demote or dismiss such official's personnel. 2017-7.

CASE ANNOTATIONS

1. Deputy clerk may act in absence of clerk. Amrine and Russell v. K.P.R.R. Co., 7 Kan. 178, 181; Gulf Railroad Co. v. Morris, 7 Kan. 210.

2. Deputy clerk may execute tax deed. Whitford v. Lynch, 10 Kan. 180, 183.


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