Printable Format19-2609. Removal of county officer. If any board of county commissioners, or any commissioner, or any other county officer, shall neglect or refuse to perform any act which it is his duty to perform, or shall corruptly or oppressively perform any such duty, he shall forfeit his office, and shall be removed therefrom by civil action in the manner provided in the code of civil procedure.
History: G.S. 1868, ch. 25, ยง 180; October 31; R.S. 1923, 19-2609.
Cross References to Related Sections:
Ouster proceedings, see 60-1206 et seq.
Attorney General's Opinions:
County clerks; county clerk as candidate for county commission. 81-284.
Property valuation director's power to require use of assessment tools by county and district appraisers. 91-136.
Property assessments; appraisals and valuations; installation and maintenance of records; open to public inspection. 91-145.
Same person may not serve concurrently as county commissioner and county hospital trustee. 2012-15.
CASE ANNOTATIONS
1. Failure of county clerk to perform duties forfeits office. The State, ex rel., v. Allen, 5 Kan. 213.
2. Judgment of court required to oust county treasurer. Graham v. Cowgill, 13 Kan. 114, 115.
3. Quo warranto will lie to oust county treasurer. The State v. Graham, 13 Kan. 136, 143.
4. Refusal of county attorney to enforce prohibitory law forfeits office. The State, ex rel., v. Foster, 32 Kan. 14, 38, 3 P. 534. Affirmed: Foster v. Kansas, 112 U.S. 201, 205, 5 S. Ct. 8, 97, 28 L. Ed. 629, 696; The State v. Trinkle, 70 Kan. 396, 400, 78 P. 854.
5. Allowance unlawful claims by commissioners, honestly made, no ground for forfeiture. The State, ex rel., v. Scates, 43 Kan. 330, 333, 23 P. 479.
6. Section cited in case involving office of police commissioner. The State, ex rel., v. Shearman, 51 Kan. 686, 687, 35 P. 455.
7. Clerk forfeits office paying bounty on scalps twice. McPherson v. The State, 59 Kan. 57, 51 P. 910.
8. County commissioners may be removed by civil proceedings. Kerby v. Clay County, 71 Kan. 683, 687, 81 P. 503.
9. There must be willful intention to violate trust. The State v. Kennedy, 82 Kan. 373, 374, 376, 385, 108 P. 837.
10. Methods of removal of magistrate judge, both statutory and constitutional, cumulative; censure ordered. In re Rome, 218 Kan. 198, 201, 542 P.2d 276.
11. Cited; absence of tort action by county employee against commissioners for violation of cash-basis or budget laws examined. Greenlee v. Board of Clay County Comm'rs, 241 Kan. 802, 807, 740 P.2d 606 (1987).
12. Authority of county commission to increase quorum requirements under home rule powers (K.S.A. 19-101 et seq.) determined. State ex rel. Stephan v. Board of Sedgwick County Comm'rs, 244 Kan. 536, 538, 770 P.2d 455 (1989).