K.S.A. » Chapter 19
Kansas Statutes Annotated

K.S.A. § 19-302 (2026)

Deputies and assistants; duties; bond; acting as county treasurer prohibited; meetings and seminars; budget; limitation on personnel policies and practices

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 3 cases, 2003–2007 · leading case: Bd. of Lincoln Cnty. Comm'rs v. Nielander, 62 P.3d 247 (Kan. 2003).
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Bd. of Lincoln Cnty. Comm'rs v. Nielander, 62 P.3d 247 (Kan. 2003). · cites it 3× “That statute reads, in per *265 tinent part: “(15) Counties may not exempt from or effect changes in K.S.A. 19-302,19-502b, 19-503,19-805 or 19-1202, and amendments thereto.”
Allen v. Kline, 507 F. Supp. 2d 1150 (D. Kan. 2007). · cites it 2× “§ 22a-106, with K.S.A. §§ 19-302 (county clerk), 19-503 (county treasurer), 19-805 (sheriff) and 19-1202 (register of deeds).”
Perry v. Bd. of Franklin Cnty. Comm'rs, 132 P.3d 1279 (Kan. 2006). “Only one such prohibition, (15), appears to specifically deal with the county clerk: the board may not exempt from or effect changes in his or her authority under K.S.A. 19-302 to appoint, promote, demote, dismiss, and supervise deputies and assistants and to submit a budget to…”
— K.S.A. § 19-302(a) — 1 case
Bd. of Lincoln Cnty. Comm'rs v. Nielander, 62 P.3d 247 (Kan. 2003). “That statute reads, in per *265 tinent part: “(15) Counties may not exempt from or effect changes in K.S.A. 19-302,19-502b, 19-503,19-805 or 19-1202, and amendments thereto.”
— K.S.A. § 19-302(c) — 1 case
Bd. of Lincoln Cnty. Comm'rs v. Nielander, 62 P.3d 247 (Kan. 2003). “That statute reads, in per *265 tinent part: “(15) Counties may not exempt from or effect changes in K.S.A. 19-302,19-502b, 19-503,19-805 or 19-1202, and amendments thereto.”
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