60-1207. Suspension of officer during hearing. - Kansas Statutes

60-1207

Chapter 60.--PROCEDURE, CIVIL Article 12.--QUO WARRANTO

      60-1207.   Suspension of officer during hearing.Upon application to the court before which the petition for ouster ispending, an officer may be suspended from performing any of the duties ofhis or her office, pending a final hearing and determination of the matter; andthe authority having the power of appointment to fill vacancies in suchoffice, shall upon such suspension appoint some proper person temporarilyto fill said office and to carry on its duties until such matter shall befinally determined or until the successor of the officer so suspended shallbe elected and shall have qualified. No person shall be suspended fromoffice under the provisions of this act until at least five (5) days'notice of the application for the order of suspension shall be served uponsuch person, which notice shall set forth the time and place of the hearingof said application and said officer shall have the right to appear and makeany defense that he or she may have and shall be entitled to a full hearingupon the charges contained in the complaint and upon the application for theorder. No suspension shall be made except upon finding of good cause therefor.If on the final hearing the officer is not removed from office, the officershall receive the salary allowed by law during the time of his or hersuspension. The officer so temporarily appointed shall receive the samesalary as is provided by law to be paid the officer filling such position.

      History:   L. 1963, ch. 303, 60-1207; Jan. 1, 1964.