Kansas Advisory Opinions July 17, 1991: AGO 91-79 (July 17, 1991)

AGO 1991-079.

Synopsis:

A classified state employee of the department of social and rehabilitation services is not required to resign from his/her job upon filing as a candidate for county attorney. Cited herein: K.S.A. 75-2953.

Dear Representative Smith:

As representative of the 116th district you request our opinion as to whether K.S.A. 75-2953 requires a classified state employee to resign upon filing as a candidate for county attorney.

K.S.A. 75-2953(2) states:

"Any officer or employee in the state classified service shall resign from the service upon filing as a candidate for an elective office, unless the elective office filed for is a township elective office, a county elective office , an elective office in the judicial branch of government or is elected on a nonpartisan basis. Elective office shall not mean or include the office of precinct committeeman or precinct committeewoman." (Emphasis added).

We are not aware of any specific statutes that prohibit classified employees of the department of social and rehabilitation services (SRS) from filing for elective office without first resigning. Therefore, since the position of county attorney is an elected county position, a classified Social and Rehabilitation Services state employee would not be required to resign from the state job upon filing for the position of county attorney pursuant to K.S.A. 75-2953.

Very truly yours,

Robert T. Stephan

Attorney General of Kansas

Mary Jane Stattelman

Assistant Attorney General

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