Ethics Opinion Search

August 17, 1994


Opinion No. 1994-25


Laurence A. Taylor
Thomas County Attorney
PO Box 509
Colby, Kansas 67701

Dear Mr. Taylor:

This opinion is in response to your letter of June 30, 1994, in which you
request an opinion from the Kansas Commission on Governmental Standards and
Conduct concerning the local level conflict of interest laws (K.S.A. 75-
4301 et seq.).

FACTUAL STATEMENT

We understand you request this opinion in your capacity as County Attorney
for Thomas County, Kansas.

QUESTION

Does the Kansas Commission on Governmental Standards and Conduct have
jurisdiction to hear complaints of violations of K.S.A. 75-4301 et seq.

OPINION

K.S.A. 75-4303a(b) sets forth the pertinent authority granted to the
Commission which applies to your question. That subsection states:

"The Kansas commission on governmental standards and conduct
shall administer K.S.A. 75-4301a, 75-4302a, 75-4303a, 75-4304,
75-4305 and 75-4306 and amendments thereto and may adopt rules
and regulations therefor."

The question then is whether a grant of authority to "administer" a body of
law includes the authority to hear complaints of violations. As a general
rule, an administrative agency has only the authority specifically granted
to it and those additional powers which are clearly implied. The word
"administer" does not by itself include the right to hear and determine
complaints. Thus, the issue turns to whether such powers are clearly
implied from the word "adminster". In this regard all of the statutes
under our jurisdiction are instructive. In both the state level conflict
Opinion No. 94-25
August 17, 1994
Page 2




laws (K.S.A. 46-215 et seq.) and the campaign finance laws (K.S.A. 25-4119
et seq.), this Commission is specifically granted the authority to hear and
determine complaints. Given this legislative pattern of clear grants of
authority to this Commission in two of the three laws we administer, we can
not assume that the same powers are clearly implied in K.S.A. 75-4301 et
seq. In other words, had the legislature intended to grant the Commission
the authority to hear and determine complaints under K.S.A. 75-4301 et
seq., it would have done so in the same fashion as the other two laws under
our jurisdiction.

It is, therefore, our opinion that the Kansas Commission on Governmental
Standards and Conduct lacks jurisdiction to hear and determine complaints
under K.S.A. 75-4301 et seq. Violations of this act are handled by the
appropriate County or District Attorney or the Attorney General's office by
criminal complaint.

Sincerely,


Richard C. Loux, Chairman

By Direction of the Commission

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