46-243. Censure or forfeiture of office or employment for violation.
46-243
46-243. Censure or forfeiture of office or employmentfor violation.(a) Any state officer or employee or candidate for state office whoviolates any provision of this act, and such violation is a misdemeanor,shall be subject to censure or forfeiture of office.Whenever the commission determines that any officer or employee has violatedany provisions of this act and such violation is a misdemeanor or has violatedany provision of this act, or any rule and regulation of the commission, theviolation of which does not constitute a misdemeanor but the act does meritcensure, forfeiture or other disciplinary action, the commission shall reportsuch fact andthe circumstances involvedtothe officer or agency authorized to impose censure, forfeiture or otherdisciplinary measure upon such officer oremployee in accordance with this act.
(b) When this section applies to an impeachable officer, whether suchcensure or forfeiture is to be imposed shall be determined by impeachmentproceedings.
(c) When this section applies to a legislator, the house of which thelegislator is a member shall determine whether such censure, forfeiture orother disciplinary measure is to beimposed.
(d) When this section applies to any state officer or employee of thelegislative branch, except a legislator, the legislative coordinatingcouncil shall determine whether such censure, forfeiture or otherdisciplinary measure is to beimposed.
(e) When this section applies to any state officer or employee of thejudicial branch, the supreme court shall determine whether such censure,forfeiture or other disciplinary measure is to be imposed.
(f) When this section applies to any state officer or employee of theexecutive branch and such state officer or employee is not subject toimpeachment, the governor shall determine whether censure, removalofsuch state officer or employee or other disciplinary measure is to beimposed. Upon a determination bythe governor of removal under this subsection, no right ofappeal under theKansas civil service act shall exist, but the determination of removalis subject to reviewin accordance with the act for judicial review and civil enforcement ofagency actions. In lieu of direct removal, the governor may direct theattorney general, district attorney or county attorney to bring appropriateouster proceedings to determine such forfeiture.
History: L. 1974, ch. 353, § 29;L. 1986, ch. 318, § 66;L. 1991, ch. 150, § 50; July 1.