Reynolds v. Figge

19 P.3d 193, 28 Kan. App. 2d 635, 2001 Kan. App. LEXIS 138
CourtCourt of Appeals of Kansas
DecidedFebruary 23, 2001
DocketNo. 84,420
StatusPublished

This text of 19 P.3d 193 (Reynolds v. Figge) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reynolds v. Figge, 19 P.3d 193, 28 Kan. App. 2d 635, 2001 Kan. App. LEXIS 138 (kanctapp 2001).

Opinion

Green, J.:

Robert Reynolds, Helen Lytle, and Maty Lenherr, members of the Unified School District No. 321 (U.S.D. 321) Board of Education, appeal from the trial court’s judgment determining that recall petitions filed against them were sufficient to hold recall elections. On appeal, Reynolds, Lytle, and Lenherr (collectively referred to as appellants) challenge the sufficiency of the [636]*636recall petitions in a number of respects. We affirm in part and reverse in part.

Appellants brought this action’ after separate recall petitions seeking appellants’ removal as members of the U.S.D. 321 school board were filed against them. The recall petitions stated the following grounds:

“That [he or she] has violated board policies, including recognition that authority rests with the entire board, and not in individual members nor the superintendent; that all members should be permitted to participate fully in board discussion. These violations have occurred when [he or she] has acted as directed by tire superintendent, including participation in scripted . . . board meetings where scripts have been prepared by the superintendent; and when discussion by certain members has been abruptly cut off.
“[He or she] has failed to represent the people in the district on all matters of public education by not enforcing the terms of the superintendent’s employment contract; being rude and disrespectful to board members and the public at board meetings and not permitting citizens present to be heard prior to board decisions; and refusal to answer questions at board meetings.
"The foregoing demonstrates incompetence to serve as a board member in the best interest of the constituency.”

Although the trial court determined that several of the reasons for recalling appellants were vague and indefinite, the trial court concluded that at least one reason was sufficient. Therefore, the trial court determined that Susan Figge, the county election officer for Pottawatomie County, Kansas, could proceed with the recall elections. The trial court granted appellants’ motion for a stay order, allowing for this interlocutory appeal.

Was the Recall Committee Properly Organized?

Although appellants raise 16 issues on appeal, the issues can be condensed to three general questions. The first is whether the trial court correctly determined that the recall committee was legally organized. Appellants argue that the recall committee was not legally organized because the members of the committee did not reside in the same election districts as appellants.

The right to recall public officials has been recognized in the Kansas Constitution since 1914; however, no specific grounds for recall were stated in the constitutional provisions. In 1974, the [637]*637recall provisions of Article 4, Section 3, of the Kansas Constitution were amended to state: “All elected public officials in the state, except judicial officers, shall be subject to recall by voters of the state or political subdivision from which elected.” (Emphasis added.) See K.S.A. 25-4301.

The method of organization of a recall committee is set forth in K.S.A. 25-4320(a). Subsection (a)(3) of the statute requires that the members of a recall committee be registered electors of the “election district” of the local officer sought to be recalled. Appellants insist that the term “election district” as used in K.S.A. 25-4320(a)(3) refers to one of the three subdistricts which comprise the U.S.D. 321 school district rather than the entire school district.

U.S.D. 321 school board members are elected under voting plan-B as set forth in K.S.A. 25-2005(c), which provides for “voting by a district method in the primary and by election at large in the general election.” See K.S.A. 72-8003(b). As such, the issue is whether the term “election district” as used in K.S.A. [ ] 25-4320(a)(3) refers to a subdistrict or the entire school district. This is an issue of first impression.

Our standard of review on issues of statutory construction is as follows:

“It is a fundamental rule of statutory construction, to which all other rules are subordinate, that the intent of the legislature governs if that intent can be ascertained. [Citation omitted.] The legislature is presumed to have expressed its intent through the language of the statutory scheme it enacted. When a statute is plain and unambiguous, the court must give effect to the intention of the legislature as expressed, rather than determine what the law should or should not be. [Citation omitted.] Stated another way, when a statute is plain and unambiguous, the appellate courts will not speculate as to the legislative intent behind it and will not read such a statute so as to add something not readily found in the statute. [Citation omitted.]” In re Marriage of Killman, 264 Kan. 33, 42-43, 955 P.2d 1228 (1998).

Our Supreme Court has recognized that recall is a fundamental right which the people have reserved for themselves. Statutes governing the exercise of that power are to be liberally construed in favor of the ability to exercise it and any limitations on that power must be strictly construed. Unger v. Horn, 240 Kan. 740, 741, 732 [638]*638P.2d 1275 (1987) (citing 63A Am. Jur. 2d, Public Officers and Employees § 190).

Although our appellate courts have not previously considered the meaning of the term “election district” as used in K.S.A. 25-4320, the issue has been addressed in attorney general opinions. For example, the attorney general addressed the procedure for recall of a commissioner when the boundaries of the commissioner’s district had been altered after the election of the commissioner. The attorney general opined that “the election district referred to in K.S.A. [ ] 25-4320 ... is the one which currently exists and which the local official in question now represents. To hold otherwise would allow recall of an elected official by individuals who now cannot vote to fill that official’s position.” (Emphasis added.) Att’y Gen. Op. No. 90-120.

Another attorney general opinion addressed the procedure applicable to the recall of members of the U.S.D. 254 Board of Education when the member district boundaries had been changed since the previous general election at which members of the board were elected. The members of the school board were elected under voting plan-C, as described in K.S.A. 72-8003(c). Under that voting plan, six members of the board were elected to member positions numbers one through six.

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Related

Unger v. Horn
732 P.2d 1275 (Supreme Court of Kansas, 1987)
Baker v. Gibson
913 P.2d 1218 (Court of Appeals of Kansas, 1995)
In Re the Marriage of Killman
955 P.2d 1228 (Supreme Court of Kansas, 1998)
Cline v. Tittel
891 P.2d 1137 (Court of Appeals of Kansas, 1995)
County Board of Education of Clarke County v. Oliver
116 So. 2d 566 (Supreme Court of Alabama, 1959)

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Bluebook (online)
19 P.3d 193, 28 Kan. App. 2d 635, 2001 Kan. App. LEXIS 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynolds-v-figge-kanctapp-2001.