AGO 1989-022.

• Case Date: February 23, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-022. February 23, 1989ATTORNEY GENERAL OPINION NO. 89-22W. Lee FowlerChase County Attorney 302 Broadway P.O. Box 640 Cottonwood Falls, Kansas 66845 Re: Counties and County Officers--General Provisions--Charter Resolutions; Procedure Synopsis: Pursuant to K.S.A. 19-101b,- unless challenged pursuant to K.S.A. 19-101b(c) or rescinded by future action, a charter resolution is validly adopted when approved by the unanimous vote of a three member board of county commissioners. Cited herein: K.S.A. 19-101b. * * * Dear Mr. Fowler: As Chase County Attorney you request our opinion regarding K.S.A. 19-101b. Specifically, you ask whether a charter resolution can be considered unanimously passed, pursuant to K.S.A. 19-101b, when it is not reduced to writing until after the close of the meeting. You inform us that a unanimous vote approved night meetings, but that subsequently one of the commissioners who voted to approve such a resolution now refuses to sign the written resolution. At the time of the unanimous vote the resolution was not in written form. K.S.A. 19-101b provides in pertinent part:

"(b) A charter resolution is a resolution which exempts a county from the whole or any part of an act of the legislature and which may provide substitute and additional provisions on the same subject. Such charter resolution shall be so titled, shall designate specifically the act of the legislature or part thereof made inapplicable to such county by the passage of the resolution and shall contain any substitute and additional provisions. Such charter resolution shall require the unanimous vote of all board members unless the board determines prior to passage it is to be submitted to a referendum in the manner hereinafter provided, in which event such resolution shall require a 2/3 vote of the board." (Emphasis added).

Chase county has a three member board of county commissioners and does not as yet contemplate submitting the matter to referendum. The January 9, 1989 minutes from the Chase County Board of Commissioners reveal that the resolution in question passed 3-0. Thus, there is no question that the vote was unanimously in favor of the matter. The issue becomes what action is required of the board in order to adopt a charter resolution. K.S.A. 19-101b does not specifically indicate the...