Kansas Statutes Annotated

K.S.A. § 75-4304 (2026)

Same; making or participating in certain contracts prohibited; exceptions; abstaining from action

✓ current as of May 2026

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75-4304. Same; making or participating in certain contracts prohibited; exceptions; abstaining from action. (a) No local governmental officer or employee shall, in the capacity of such an officer or employee, make or participate in the making of a contract with any person or business by which the officer or employee is employed or in whose business the officer or employee has a substantial interest.

(b) No person or business shall enter into any contract where any local governmental officer or employee, acting in that capacity, is a signatory to or a participant in the making of the contract and is employed by or has a substantial interest in the person or business.

(c) A local governmental officer or employee does not make or participate in the making of a contract if the officer or employee abstains from any action in regard to the contract.

(d) This section shall not apply to the following:

(1) Contracts let after competitive bidding has been advertised for by published notice; and

(2) contracts for property or services for which the price or rate is fixed by law.

(e) Any local governmental officer or employee who is convicted of violating this section shall forfeit the office or employment.

History: L. 1970, ch. 366, § 4; L. 1974, ch. 397, § 1; L. 1990, ch. 306, § 17; May 31.

Notes of Decisions

Cited in 2 cases, 2000–2005 · leading case: Unified Sch. Dist. No. 501 v. Baker, 6 P.3d 848 (Kan. 2000).

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Unified Sch. Dist. No. 501 v. Baker, 6 P.3d 848 (Kan. 2000). · cites it 2× “The Commission concluded there was no conflict of interest under K.S.A. 75-4304 and 75-4305 (prohibiting public officers from participating in the making of contracts with any person or business by which they are employed).”

In re Hertach, 109 P.3d 1218 (Kan. 2005). · cites it 2× “The prosecutor filed an amended complaint charging Hertach with two counts of participation in a prohibited contract, class B misdemeanors in violation of K.S.A. 75-4304(b). According to the plea agreement, Hertach agreed to recommend that the court set restitution at $750,000…”

— K.S.A. § 75-4304(b) — 1 case

In re Hertach, 109 P.3d 1218 (Kan. 2005). “The prosecutor filed an amended complaint charging Hertach with two counts of participation in a prohibited contract, class B misdemeanors in violation of K.S.A. 75-4304(b). According to the plea agreement, Hertach agreed to recommend that the court set restitution at $750,000…”

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