46-263. Action upon commission's findings.
46-263
46-263. Action upon commission's findings.When a report is submitted under K.S.A. 46-262 and amendments thereto:
(a) If therespondent is a legislator, the house to which such a report is madeshall consider the report and impose censure or disqualification as alegislator, or the house may determine that neither censure nordisqualification is justified.
(b) If the respondent is a state officer or employee of thelegislative branch, other than a legislator, the legislativecoordinating council shall consider the report and impose censure orremove the state officer or employee from state service, or such councilmay determine that neither censure nor removal from office is justified.Such a determination by the legislative coordinating council shall be final.
(c) If the respondent is a state officer or employee ofthe judicial branch, the supreme court shall consider the report andimpose censure or remove the state officer or employee from stateservice, or such court may determine that neither censure nor removalfrom office is justified. Such a determination by the supremecourt shall be final.
(d) If the respondent is not a legislatorand is not a state officer or employee of the legislative branch and isnot subject to impeachment or of the judicial branch, the governor shallconsider the report and impose censure or remove the state officer oremployee from state service, or the governor may determine that neithercensure nor removal from office is justified. Upon a determination by thegovernor of removal under this subsection, no right of appeal under theKansas civil service act shall exist, but the determination of removalis subject to review in accordance with the act for judicial review andcivil enforcement of agency actions. In lieu of direct removal, thegovernor may direct the attorney general to bring ouster proceedingsagainst the respondent.
(e) In the event the respondent is subject to impeachment, thecommission shall refer the report to the house of representatives, inlieu of other procedures under this section.
History: L. 1974, ch. 353, § 49;L. 1986, ch. 318, § 67; July 1.