Printable Format19-212. Powers of board of commissioners. The board of county commissioners of each county shall have the power, at any meeting:
First. To make such orders concerning the property belonging to the county as they may deem expedient, including the establishing of regulations, by resolution, as to the use of such property and to prescribe penalties for violations thereof.
Second. To examine and settle all accounts of the receipts and expenses of the county, and to examine and settle and allow all accounts chargeable against the county; and when so settled, they may issue county orders therefor, as provided by law.
Third. To purchase sites for and to build and keep in repair county buildings, and cause the same to be insured in the name of the county treasurer for the benefit of the county; and in case there are no county buildings, to provide suitable rooms for county purposes.
Fourth. To purchase an existing building and the site upon which it is located for the purpose of providing additional space for county offices and to remodel and equip the same.
Fifth. Apportion and order the levying of taxes as provided by law.
Sixth. To represent the county and have the care of the county property, and the management of the business and concerns of the county, in all cases where no other provision is made by law.
Seventh. To set off, organize, and change the boundaries of townships in their respective counties, to designate and give names therefor, and to appoint township officers for such new townships which officers shall serve until the next general election; to fix time and place of holding the first election therein.
Eighth. To establish one or more election precincts in any township, as the convenience of the inhabitants thereof may require.
Ninth. To lay out, alter or discontinue any road running through one or more townships in such county, and also to perform such other duties respecting roads as may be provided by law.
Tenth. To enter into contracts with any landowners for the construction and maintenance of underpasses, bridges and drainageways under and across any county road in connection with the locating, opening, laying out, construction or alteration of any county road running across or through such landowner's land, whenever in the judgment of the board of county commissioners such contract is to the best interests of the county. Any such contract entered into by the board of county commissioners shall be binding upon subsequent boards of county commissioners and shall not be terminated without the written consent of said landowner or his heirs or assigns.
Eleventh. To contract for the protection and promotion of the public health and welfare.
Twelfth. To acquire, own and operate a county airport.
Thirteenth. To perform such other duties as are or may be prescribed by law.
History: G.S. 1868, ch. 25, § 16; L. 1911, ch. 141, § 1; R.S. 1923, 19-212; L. 1953, ch. 139, § 1; L. 1963, ch. 151, § 1; L. 1972, ch. 70, § 1; July 1.
Revisor's Note:
L. 1871, ch. 76, § 1, which provided procedure under 19-212, ¶ 9, was repealed by L. 1917, ch. 264, § 58.
Cross References to Related Sections:
Corporate powers generally, see 19-101.
Home rule powers, see 19-101a et seq.
Contracts with other municipalities, see 12-2908.
Law Review and Bar Journal References:
"Cooperation By Contract: Interlocal Agreements," Theresa Marcel Nuckols, 59 J.K.B.A. No. 3, 25, 26 (1990).
Attorney General's Opinions:
General provisions; home rule powers. 79-113.
Establishment of roads; authority to grant easements along township roads. 79-234.
Restrictions on maximum speed limits; powers of local authorities. 79-272.
County buildings; power of county commission to construct; fees and salaries; allowance for deputies. 79-279.
County commissioners; control of expenditures. 80-69.
Home rule powers. 80-88.
Prescribing duties of county officers. 80-138.
County fairs; annual levy for fair association in urban area county; disbursement of funds. 81-1.
Interlocal cooperation; agreement between county and watershed district for water project. 81-41.
County commissioners; powers and duties; publication of policies and procedures manual. 81-146.
Charge and custody of jail; prisoners' meals. 81-190.
County and township roads; use of seismographic equipment on county roads. 81-242.
County commissioners; control of county clerk's office. 81-287.
Sale or lease of county trash hauling trucks to a private individual. 82-44.
Ambulance service; limitations on expenditure of tax proceeds. 82-85.
County clerk; consolidation of statutory duties with another office. 82-135.
County commissioners; salaries and expenses. 83-4.
Emergency preparedness for disasters; authority of counties to enter interjurisdictional agreements. 83-53.
Sheriff; use of motor vehicles outside county. 83-77.
Sheriff; meetings and seminars; discretionary authority to send personnel. 84-53.
County buildings; consumption of liquor in public places. 85-35.
Duties of county appraiser; determination by county commissioners. 86-2.
County commissioners; powers and duties; control of expenditures. 86-166.
Line item restriction of sheriff's budget. 87-14.
County commissioners' control over sheriff's budget. 87-37.
County commissioners; general powers; home rule powers; foreclosure purchases by elected county officials. 87-177.
County commissioners; employment termination of county employees. 88-11.
Interlocal agreements; failure to file; status. 88-37.
County commissioners; general fund tax levies; limitations on use. 88-65.
Shawnee county fair association—tax levy; protest petition and election. 88-136.
County commissioners; budget for sheriff's office. 88-171.
Publication of delinquent personal property tax statements; designation of newspaper. 89-67.
Open public records; personnel records, sheriff's office. 89-107.
County commissioners; authority to terminate employment of deputy county appraiser. 89-142.
Small claims; trial; representation when county is party. 90-28.
Opening and repair of road by township. 90-60.
County commissioners; powers and duties; sale of county property. 90-102.
Home rule powers; expenditures; public purpose. 91-53.
Powers of county commission to reduce county treasurer's salary. 91-65.
Cemetery corporations; funding by counties. 91-75.
Powers of county commission board; smoking in a public place. 92-33.
Sale of county property; use of trade-ins. 92-110.
Extent of county commission's control over county attorney budget regarding personnel action. 92-158.
County commission may contract with private individuals for road work if services are for the county's public purpose. 93-1.
Home rule powers; administrative assistant; county department of corrections and rehabilitation. 94-19.
Reimbursement of attorney fees to county officer or employee in defense of criminal prosecution. 94-28.
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.
Property used by county sheriff's office purchased with county general funds is not property belonging to county law enforcement department. 95-11.
Powers of board of county commissioners to designate smoking areas in courthouse. 95-15.
Home rule powers; use of county road personnel and equipment to fight fires. 95-37.
Management of county hospital; authority of county commission and hospital board. 95-110.
County nonelected employee required to take unpaid leave of absence while a candidate running for elected county office. 96-9.
County may create position of (prisoner) transport officer in county department of corrections. 96-69.
County personnel policies; tenure of county employees; authority of county commissioners; application to deputies and assistants of sheriff. 97-16.
County-city consolidation; election of members of governing board, residential requirements; affect upon USD; bonded indebtedness, limitations. 97-30.
County budget and expenditures; officers responsible for development of annual report and ongoing account of items credited monthly. 1999-18.
Expenditures and purchasing by county elected officials; powers and duties of board of county commissioners. 1999-29.
Absent home rule power, multi-county joint board of health has no power to assess fees. 1999-63.
Board of county commissioners has discretion to determine whether county road is to be opened. 2002-30.
County commissioners do not have authority to hire, fire, demote or promote individuals in the sheriff's office. 2003-15.
Nonlegislative health related functions may be delegated to Flint Hills Community Health Center. 2003-25.
County not required to pay mileage between employee's residence and place of work but may do so for valid public purpose. 2004-30.
County may not create a special sheriff fund or tax. 2006-5.
General authority of county commissioners to contract for protection of public welfare. 2006-11.
In light of public purpose doctrine, counties may expend funds to maintain bridges on noncounty rails-to-trails property. 2006-27.
Mentioned in discussion of clerical errors in tax assessments and county commission's powers. 2007-22.
Mentioned in discussion of county paid time-off leave and cash-basis law. 2007-25.
Fees collected by county treasurer for issuing registrations and certificates of title cannot be used for security cameras. 2008-11.
CASE ANNOTATIONS
1. Commissioners may sell without popular vote, personal property. Gulf Rld. Co. v. Comm'rs of Miami County, 12 Kan. 482.
2. Commissioners may rent buildings for use by county. Comm'rs of Brown Co. v. Barnett, 14 Kan. 627.
3. Commissioners cannot interfere with duties specifically assigned to other county officers. Morrill v. Douglass, 14 Kan. 293, 306.
4. Petition required for laying out and opening of highway. Oliphant v. Comm'rs of Atchison County, 18 Kan. 386.
5. Commissioners have care and charge of county property. Comm'rs of Stafford Co. v. The State, ex rel., 40 Kan. 21, 18 P. 889.
6. Contract made by two commissioners outside county boundaries held invalid. Comm'rs of Hamilton Co. v. Webb, 47 Kan. 104, 27 P. 825.
7. Commissioners have no authority to offer reward for arrest. Felker v. Elk County, 70 Kan. 96, 78 P. 167.
8. Commissioners cannot employ private person or firm to collect taxes. The State v. Dickinson County, 77 Kan. 540, 542, 95 P. 392.
9. Commissioners may investigate and collect old debts. Kelly v. Miami County, 85 Kan. 38, 45, 116 P. 477.
10. Commissioners cannot revise allowances by highway viewers. Hauserman v. Clay County, 89 Kan. 555, 563, 132 P. 212.
11. Section cited in construing recall amendments to constitution. The State, ex rel., v. Deck, 106 Kan. 518, 523, 188 P. 238.
12. Right of appeal from proceedings before board for incorporation of city. Town of Olsburg v. Pottawatomie County, 113 Kan. 501, 504, 215 P. 451.
13. Not authorized to build cattle runway under public road. Haucke v. Morris County, 115 Kan. 659, 24 P. 64.
14. Individual taxpayers cannot maintain action to recover money unlawfully paid out. Clark v. George, 118 Kan. 667, 236 P. 643.
15. In vacating road board acts in judicial capacity. Heatherman v. Kingman County Comm'rs, 123 Kan. 77, 254 P. 321.
16. Power to contract for insurance to protect workmen considered. Robertson v. Labette County Comm'rs, 124 Kan. 705, 708, 261 P. 831.
17. Right to change courthouse site considered. Schnatterly v. Eslinger, 126 Kan. 9, 12, 266 P. 657.
18. Commissioners have authority to remove sign obstructing highway. National Sign Co. v. Douglas County Comm'rs, 126 Kan. 81, 266 P. 927.
19. Authority to lease railroad right of way for public highway considered. Ruff v. Shawnee County Comm'rs, 127 Kan. 188, 200, 272 P. 189.
20. Certain counties authorized to acquire new courthouse site; contracts. Lucas v. Lane County Comm'rs, 131 Kan. 589, 591, 292 P. 765.
21. Board has authority to employ county attorney to appear in supreme court. Heinz v. Shawnee County Comm'rs, 136 Kan. 104, 105, 107, 12 P.2d 816.
22. Action to enjoin county from entering bank reorganization agreement dismissed. City of Holton v. Jackson County Comm'rs, 138 Kan. 163, 23 P.2d 605.
23. Commissioners cannot prorate loss of public funds among taxing districts. School District v. Ellis County Comm'rs, 138 Kan. 274, 275, 25 P.2d 578.
24. Board held proper party to bring action to recover taxes. Greenwood County Comm'rs v. School District, 139 Kan. 297, 299, 31 P.2d 723.
25. Railroad not required to restore crossing unless sufficient inconvenience shown. State, ex rel., v. Thompson, 148 Kan. 196, 199, 80 P.2d 1070.
26. Commissioners have only such powers as conferred by statute; tax collection; liability for acts without jurisdiction. Cunningham v. Blythe, 155 Kan. 689, 694, 698, 127 P.2d 489.
27. Prior board of commissioners may bind subsequent board by contract, when. Edwards County Comm'rs v. Simmons, 159 Kan. 41, 53, 151 P.2d 960.
28. Cited; county commissioners only necessary parties to suit to enjoin county seat relocation. Dunn v. Board of County Comm'rs of Morton County, 165 Kan. 314, 320, 194 P.2d 924.
29. No authorization for expenditure of moneys for certain soil conservation purposes. State, ex rel., v. Board of County Comm'rs, 173 Kan. 367, 369, 245 P.2d 1181.
30. County commissioners may lease offices while new courthouse is being constructed. State, ex rel., v. Board of County Comm'rs, 173 Kan. 544, 549, 250 P.2d 556.
31. Granting easement to city for parking area not for sale. State, ex rel., v. City of Garnett, 180 Kan. 405, 407, 408, 304 P.2d 555.
32. Claim for attorney's fee for representing election commissioner not approved by county commissioners; no recovery from county. Hackler v. Board of County Comm'rs, 189 Kan. 697, 698, 369 P.2d 782.
33. Discussed in proceeding for ouster of county commissioner. State, ex rel., v. Schroeder, 199 Kan. 403, 410, 412, 430 P.2d 304.
34. Applied; board had authority to order operation of traffic safety program discontinued. Gonser v. Board of County Commissioners, 1 Kan. App. 2d 57, 62, 63, 562 P.2d 102.
35. Cited in mandamus action to compel maintenance of road along its true course by county commissioners. Gronniger v. Board of Doniphan County Commissioners, 6 Kan. App. 2d 642, 644, 631 P.2d 1252 (1981).
36. Cited; taxpayer's lack of standing to challenge expenditure of tax funds under K.S.A. 75-2005 examined. Crow v. Board of Shawnee County Comm'rs, 243 Kan. 287, 290, 755 P.2d 545 (1988).