AGO 1989-077.

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

Kansas Attorney General Opinions 1989. AGO 1989-077. June 23, 1989ATTORNEY GENERAL OPINION NO. 89-77Barry L. ArbuckleValley Center City Attorney 707 N. Waco Suite 101 Wichita, Kansas 67203-3937 Re: Cities and Municipalities--Buildings, Structures and Grounds; Business Improvement Districts--Advisory Board; Incompatibility of Offices Synopsis: One individual may not hold a position as member of a business improvement district advisory board and a second office as member of the city governing body, for the two offices are incompatible. Cited herein: K.S.A. 12-1781; 12-1788; 12-1790; 12-1791. * * * Dear Mr. Arbuckle: You inquire whether a member of the city council of a city of the second class may also serve as a member of the advisory board of a business improvement district formed pursuant to K.S.A. 12-1781 et seq. In accordance with K.S.A. 12-1788 the city of Valley Center has adopted an ordinance which provides that members of the business improvement district advisory board are appointed by the mayor with the advice and consent of the city council. K.S.A. 12-1790 prescribes that the advisory board shall perform such duties as may be prescribed by ordinance, and "shall, not later than May 15 of each year, submit to the governing body a recommended program of services to be performed or provided within the district during the coming calendar year and a proposed budget to accomplish these objectives." Under K.S.A. 12-1791, after receiving the recommended program of services and proposed budget from the advisory board, the governing body is to levy business improvement service fees for the ensuing year. In accordance with these statutes, while the advisory board has substantial responsibilities in recommending a program of services and proposed budget, its recommendations are subject to review, approval or disapproval by the city governing body. In Dyche v. Davis, 92 Kan. 971 (1940), the court stated thus:

"Offices are incompatible when the performance of the duties of one in some way interferes with the performance of the duties of the other. This is something more than a physical

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