Previous | Next

§ 2. Tenure of office; merit system in civil service. The tenure of any office not herein provided for may be declared by law; when not so declared, such office shall be held during the pleasure of the authority making appointment, but the legislature shall not create any office the tenure of which shall be longer than four years, except that appointments under a merit system in civil service shall not be subject to such limitation. The legislature may make provisions for a merit system under which appointments and promotions in the civil service of this state and all civil divisions thereof, shall be made according to merit and fitness, to be determined, so far as practicable, by examination, which, so far as practicable, shall be competitive.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 65; L. 1939, ch. 188, § 1; November 5, 1940.

Law Review and Bar Journal References:

"Collective Bargaining and Public Education," Larry L. Deemer and Robert J. Fowks, 7 W.L.J. 291, 293 (1968).

Attorney General's Opinions:

Public employer-employee relations; collective bargaining with sheriff's employees. 81-276.

Parimutuel racing; executive director; appointment under 1990 amendments to 74-8805. 90-80.

State board of technical professions; purpose; appointments; vacancies. 92-11.

Public officers; altering or shortening terms of incumbents. 95-114.

Members of lottery gaming facility review board serve at pleasure of appointing authority and may be removed by appointing authority. 2009-10.

City and county governing bodies may determine the membership of a convention and tourism committee and may impose a limit on the term of office. 2010-1.

CASE ANNOTATIONS

1. When no election provided for, valid election cannot be held; Legislature cannot create office with tenure over four years. Matthews v. Comm'rs of Shawnee Co., 34 Kan. 606, 612, 9 P. 765.

2. Section applied to removal of railroad commissioners by executive council. The State, ex rel., v. Mitchell, 50 Kan. 289, 293, 294, 33 P. 104.

3. Where tenure of office fixed, governor cannot remove appointee arbitrarily. Lease v. Freeborn, 52 Kan. 750, 754, 35 P. 817.

4. Where tenure of office unconstitutional, tenure "not declared by law." Lewis v. Lewelling, 53 Kan. 201, 206, 36 P. 351.

5. Tenure four years and until successor appointed and qualified constitutional. The State, ex rel., v. Breidenthal, 55 Kan. 308, 311, 40 P. 651.

6. Section cited in considering authority for election of mayor. Gilbert v. Craddock, 67 Kan. 346, 355, 72 P. 869.

7. Tenure of office six years, tenure "not declared by law." Wulf v. Kansas City, 77 Kan. 358, 360, 361, 94 P. 207.

8. Position of field man in health department not an office. Jagger v. Green, 90 Kan. 153, 160, 133 P. 174.

9. Cell-house man in state penitentiary not an officer within section. Jones v. Botkin, 92 Kan. 242, 246, 139 P. 1196.

10. Policeman holds his office during pleasure of authority making appointment. Haney v. Cofran, 94 Kan. 332, 333, 146 P. 1027. Reversed, in part: Haney v. Cofran, 95 Kan. 335, 148 P. 640.

11. Terms of police officers should be definitely fixed by ordinance; expire with terms of appointing board. Haney v. Cofran, 95 Kan. 335, 148 P. 640.

12. This section discussed in connection with civil-service law. McLaughlin v. Green, 96 Kan. 641, 643, 152 P. 661.

13. Five-year term of drainage district supervisors in conflict herewith; office held subject to the appointing power. The State, ex rel., v. Drainage District, 102 Kan. 575, 576, 171 P. 634.

14. Expiration of term of office of policewoman of city of first class considered. Hall v. City of Wichita, 115 Kan. 656, 223 P. 1109.

15. Statute authorizing chancellor to hold office until removed for cause conflicts with section. Lindley v. State Board of Administration, 117 Kan. 558, 231 P. 1026.

16. Cited in determining power of removal by mayor and council. Gundelfinger v. Thiele, 133 Kan. 31, 37, 298 P. 769.

17. Act dispensing with biennial city election held valid. Murray v. Payne, 137 Kan. 685, 689, 21 P.2d 333.

18. Constitutionality of provision requiring reappointment after four-year term discussed but not determined. Owens v. City of Coffeyville, 151 Kan. 263, 266, 98 P.2d 415.

19. Cited in dissenting opinion discussing length of term of city election commissioner. Tresner v. Rees, 154 Kan. 581, 584, 119 P.2d 511.

20. General manager of Kansas turnpike authority is not an officer within contemplation of Kansas Constitution; employment contract binding. Kirchner v. Kansas Turnpike Authority, 336 F.2d 222, 223, 224, 226, 230.

21. Cited; property interest in public employment job without statute, ordinance or contract establishing duration of employment examined. Riddle v. City of Ottawa, 12 Kan. App. 2d 714, 717, 754 P.2d 465 (1988).

22. Municipal housing authority does not have power to enter into contracts relating to employee tenure. Wiggins v. Housing Authority of Kansas City, 22 Kan. App. 2d 367, 371, 916 P.2d 718 (1996).