AGO 1996-10.

• Court: Kansas

Kansas Attorney General Opinions 1996. AGO 1996-10. Feburary 14, 1996 ATTORNEY GENERAL OPINION No. 96-10The Honorable Tim EmertState Senator, 15th DistrictState Capitol, Room 143-N Topeka, Kansas 66612 Re: State Boards, Commissions and Authorities--Kansas Guardianship Program--Application of Tort Claims Act State Departments, Public Officers and Employees--Kansas Tort Claims Act--Definitions Synopsis: The Kansas tort claims act applies to the Kansas guardianship program, its board of directors and employees. Cited herein: K.S.A. 38-1803; K.S.A. 1995 Supp. 74-8001; 74-8101; K.S.A. 74-9303; K.S.A. 1995 Supp. 74-9603; K.S.A. 75-6101; K.S.A. 1995 Supp. 75-6102.* * * Dear Senator Emert: You request our opinion concerning whether the Kansas tort claims act applies to the Kansas guardianship program, its board of directors and employees. The tort claims act, K.S.A. 75-610l et seq., generally imposes liability on governmental entities for the negligent or wrongful acts or omissions of employees of those entities when they are acting within the scope of their employment. K.S.A. 1995 Supp. 75-6102 defines the terms "governmental entity" and "employee" as follows: "(a) 'State' means the state of Kansas and any department or branch of state government, or any agency, authority, institution or other instrumentality thereof. . . . . "(c) 'Governmental entity' means state or municipality. "(d) 'Employee' means any officer, employee, or servant or member of a board, commission, committee, division, department, branch or counsel of a governmental entity, including elected or appointed officials and persons acting on behalf of or in service of a governmental entity in any official capacity, whether with or without compensation . . . but does not . . . include any independent contractor under contract with a governmental entity. . . ." (Emphasis added). The definition of employee in K.S.A. 1995 Supp. 75-6102(d) is broad enough to encompass members of the board of directors of the Kansas guardianship program when acting on its behalf if the program is deemed to be a governmental entity. The Kansas guardianship program provides volunteers to adults who have been found by courts to need the protection of a guardian or conservator. Prior to the enactment of the 1995 law which creates the Kansas guardianship program, the program...