Kansas Statutes 75-4320a. Enforcement of act by district courts; burden of proof; court costs; precedence of cases
Terms Used In Kansas Statutes 75-4320a
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) The district court of any county in which a meeting is held shall have jurisdiction to enforce the purposes of Kan. Stat. Ann. §§ 75-4318 and 75-4319, and amendments thereto, with respect to such meeting, by injunction, mandamus, declaratory judgment or other appropriate order, on application of any person. The district court may require a defendant to complete training approved by the attorney general concerning the requirements of the open meetings act.
(b) In any action hereunder or under Kan. Stat. Ann. § 75-4320d, and amendments thereto, the burden of proof shall be on the public body or agency to sustain its action.
(c) In any action hereunder, the court may award court costs to the person seeking to enforce the provisions of Kan. Stat. Ann. §§ 75-4318 or 75-4319, and amendments thereto, if the court finds that the provisions of those statutes were violated. The award shall be assessed against the public body or agency responsible for the violation.
(d) In any action hereunder in which the defendant is the prevailing party, the court may award to the defendant court costs if the court finds that the plaintiff maintained the action frivolously, not in good faith or without a reasonable basis in fact or law.
(e) In any action hereunder brought by the attorney general or a county or district attorney, if the court finds that any provisions of Kan. Stat. Ann. §§ 75-4318 or 75-4319, and amendments thereto, were violated, such court:
(1) Except as provided in subsection (e)(2), may award the attorney general’s or the county or district attorney’s reasonable expenses, investigation costs and attorney fees; and
(2) shall award the same if the court determines that the violation was not made in good faith and without a reasonable basis in fact or law.
(f) Except as otherwise provided by law, proceedings arising under this section shall take precedence over all other cases and shall be assigned for hearing and trial at the earliest practicable date.
(g) As used in this section, “meeting” has the meaning provided by Kan. Stat. Ann. § 75-4317a, and amendments thereto.