Printable Format19-103. Exercise of powers by commissioners. The powers of a county as a body politic and corporate shall be exercised by a board of county commissioners.
History: G.S. 1868, ch. 25, ยง 3; October 31; R.S. 1923, 19-103.
Attorney General's Opinions:
County commissioners; powers and duties; publication of policies and procedures manual. 81-146.
Employees; public officers and employees; conflicts of interest. 81-170.
Home rule powers of cities and counties; bond issuance. 88-92.
An individual county commissioner has no power in his own right to examine records of county employee which are not open public records. 94-121.
CASE ANNOTATIONS
1. Employment of jail physician must be authorized by commissioners. Roberts v. Comm'rs of Pottawatomie Co., 10 Kan. 29, 32.
2. Power of commissioners to sell county property considered. Gulf Rld. Co. v. Comm'rs of Miami County, 12 Kan. 482.
3. All powers of county are exercised by board of commissioners. Thacher & Stephens v. Comm'rs of Jefferson Co., 13 Kan. 182, 188; Comm'rs of Neosho Co. v. Stoddart, 13 Kan. 207, 211; Bank v. Marion County, 78 Kan. 313, 314, 96 P. 496.
4. Powers vested in board as corporate entity, not in commissioners individually; casual meeting of majority of commissioners not legal session. P. & F.R. Rly. Co. v. Comm'rs of Anderson Co., 16 Kan. 302.
5. Commissioners may require treasurer to give new and larger bond. Comm'rs of Neosho Co. v. Leahy, 24 Kan. 54.
6. Commissioners may issue refunding bonds without vote of people. Riley v. Garfield Township, 58 Kan. 299, 302, 49 P. 85.
7. Board is given control and management of all county affairs; county attorney cannot prosecute county actions without consent of board. Kerby v. Clay County, 71 Kan. 683, 81 P. 503.
8. Board is tribunal for allowance of claims against county; county clerk cannot purchase supplies and bind board for payment. Bank v. Marion County, 78 Kan. 313, 96 P. 496.
9. Board has no power to change beginning of fiscal year. Bank v. Reilly, 97 Kan. 817, 156 P. 747.
10. Board has authority to employ county attorney to appear in supreme court. Heinz v. Shawnee County Comm'rs, 136 Kan. 104, 105, 12 P.2d 816.
11. County not bound by judgment where commissioners not party to action. Withers v. Root, 146 Kan. 822, 826, 73 P.2d 1113.
12. Cited in proceeding for ouster of county commissioner. State, ex rel., v. Schroeder, 199 Kan. 403, 410, 412, 430 P.2d 304.
13. Cited; jurisdictional requirements of federal and state age discrimination in employment acts examined. Ditch v. Bd. of County Com'rs of County of Shawnee, 650 F. Supp. 1245, 1252 (1986).