- Who can enforce the KOMA and go to court on alleged violations?
The KOMA can be enforced by the Attorney General, by county or district attorneys, or by private citizens.
- If someone or group violates the KOMA, can they be sent to jail?
No. Violations of the KOMA are civil in nature, not criminal.
- What penalties may result from a violation of the KOMA?
Up to $500 fine per violation (per member violating it); injunction/mandamus/declaratory order; voiding illegal action (if a public prosecutor files a petition within 21 days after the alleged violation); possible grounds for ouster or recall (separately pursued actions).
- Are these penalties always imposed for violation of the KOMA?
No. The courts rarely assess the fine provisions. Plus, in 1986, the Kansas Supreme Court created what are called "technical violations: "The court will not void any action and will overlook technical violations of the law if the spirit of the law has been met, there has been a good-faith effort to comply, there was substantial compliance with the KOMA, no one was prejudiced, and the public's right to know had not been effectively denied. Stevens v. Board of Reno County Comm'rs, 10 Kan.App.2d at 526.
- If I want to make a KOMA complaint, how should I do that?
You may file a complaint with either the county or the district attorney, or the Attorney General. They have concurrent jurisdiction to investigate or bring an action. It is the policy of the attorney general's office to ask that all complaints be made in writing, together with any supporting documents. The Attorney General will refer an alleged KOMA violation by a local unit of government to the county/district attorney.
- If I file a KOMA complaint with the Attorney General or a county/district attorney, do they have to bring charges or investigate the way I'd like?
No. Decisions on how or if to investigate or prosecute are discretionary on the part of the prosecutor. These prosecutors act on behalf of the general public, not as private attorneys for the persons filing the complaint.
- Can I bring my own KOMA action in court?
Yes. Any individual can file a KOMA action. If they need legal advice or assistance in doing so, they may want to contact a private attorney.
- Who has the burden of proof in KOMA actions that are filed in court?
The Plaintiff has the initial burden to show a prima facie case. If they meet that burden, it then shifts to the defendant to justify its actions.
- Does the plaintiff have to prove that the violation was intentional?
No. There is no requirement of specific intent to violate the law. "Knowing" violation occurs when there is purposeful commission of the prohibited acts. Palmgren, 231 Kan. at 536-37.
- Who pays court costs in a KOMA action?
A plaintiff may receive court costs if a violation is established. Defendant may receive costs only if action was frivolous.
- Where is a KOMA law suit filed?
In the county where the action occurred. K.S.A. 75-4320a(a)