75-4320.
Penalties.
(a) Any member of a public body or agency subject to the open meetings act who knowingly violates any of the provisions of such act or who intentionally fails to furnish information as required by K.S.A. 75-4318(b), and amendments thereto, shall be liable for the payment of a civil penalty in an action brought by the attorney general or county or district attorney, in a sum set by the court of not to exceed $500 for each violation. In addition, any binding action which is taken at a meeting not in substantial compliance with the provisions of the open meetings act shall be voidable in any action brought by the attorney general or county or district attorney in the district court of the county in which the meeting was held within 21 days of the meeting, and the court shall have jurisdiction to issue injunctions or writs of mandamus to enforce the provisions of the open meetings act.
(b) Civil penalties sued for and recovered hereunder by the attorney general shall be paid into the attorney general's open government fund. Civil penalties sued for and recovered hereunder by a county or district attorney shall be paid into the general fund of the county where the proceedings were instigated.
(c) No fine shall be imposed pursuant to subsection (a) for violations of K.S.A. 75-4318(f), and amendments thereto, which occur prior to July 1, 2009.
History:
L. 1972, ch. 319, § 4; L. 1977, ch. 301, § 4; L. 2004, ch. 177, § 3; L. 2008, ch. 178, § 3; L. 2015, ch. 68, § 17; July 1.
Notes of Decisions
State Ex Rel. Murray v. Palmgren, 646 P.2d 1091 (Kan. 1982).
· cites it 10× “Stephan, attorney general, to recover civil penalties under K.S.A. 75-4320( a ) from the appellants, former county commissioners and hospital trustees in Thomas County, for violation of the Kansas Open Meetings Act (KOMA).”
Stoldt v. City of Toronto, 678 P.2d 153 (Kan. 1984).
· cites it 3× “75-4320a, when read in conjunction with K.S.A. 75-4320 and 75-4317, makes it clear that the intent of the open meetings law is to preclude reoccurrences of violations that occur when the action is brought under K.”
Coggins v. Pub. Emp. Relations Bd., 581 P.2d 817 (Kan. Ct. App. 1978).
· cites it 2× “No penalties, other than criminal penalties for willful violations, were prescribed for violations of the act as effective in 1975 (K.S.A. 1975 Supp. 75-4320). This has since been modified to a civil penalty by the 1977 amendments (K.”
Mem'l Hosp. Ass'n, Inc. v. Knutson, 722 P.2d 1093 (Kan. 1986).
“60-224(a)(2) permits intervention upon timely application where the applicant claims disposition of the *666 action may substantially impair or impede his ability to protect an interest and that, because K.S.A. 75-4320 authorizes both the attorney general and the county attorney…”
Krider v. Bd. of Trs. of Coffeyville Cmty. Coll., 83 P.3d 177 (Kan. 2004).
· cites it 3× “In addition, any binding action which is taken at a meeting not in substantial compliance with the provisions of this act shall be voidable in any action brought by the attorney general or county or district attorney in the district court of the county in which the meeting was…”
Unger v. Horn, 732 P.2d 1275 (Kan. 1987).
· cites it 2× “K.S.A. 75-4320. Black's Law Dictionary 1150 (4th ed.”
Stevens v. Bd. of Cnty. Commissioners, 710 P.2d 698 (Kan. Ct. App. 1985).
“See K.S.A. 75-4320(a). The record discloses that during the recess here, the Commissioners remained in their chambers where the formal meeting had been held and was to resume.”
Clark v. Unified Sch. Dist. No. 287, 416 P.3d 1032 (Kan. Ct. App. 2018).
· cites it 2× “2d 153 (citing K.S.A. 75-4320[a] ). But, these remedies are only available to the attorney general and county and district attorneys.”
Moeder v. U.S.D. No. 512 (Kan. Ct. App. 2024).
· cites it 4× “The district court dismissed the case after finding that under K.S.A. 75-4320(a), Moeder lacked standing to pursue injunctive relief to void a binding action taken by the Board.”
— K.S.A. § 75-4320(a) — 6 cases
State Ex Rel. Murray v. Palmgren, 646 P.2d 1091 (Kan. 1982).
“Stephan, attorney general, to recover civil penalties under K.S.A. 75-4320( a ) from the appellants, former county commissioners and hospital trustees in Thomas County, for violation of the Kansas Open Meetings Act (KOMA).”
Krider v. Bd. of Trs. of Coffeyville Cmty. Coll., 83 P.3d 177 (Kan. 2004).
“In addition, any binding action which is taken at a meeting not in substantial compliance with the provisions of this act shall be voidable in any action brought by the attorney general or county or district attorney in the district court of the county in which the meeting was…”
Stevens v. Bd. of Cnty. Commissioners, 710 P.2d 698 (Kan. Ct. App. 1985).
“See K.S.A. 75-4320(a). The record discloses that during the recess here, the Commissioners remained in their chambers where the formal meeting had been held and was to resume.”
Moeder v. U.S.D. No. 512 (Kan. Ct. App. 2024).
“The district court dismissed the case after finding that under K.S.A. 75-4320(a), Moeder lacked standing to pursue injunctive relief to void a binding action taken by the Board.”
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