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Kansas Advisory Opinions July 16, 1974: AGO 74-246

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Collection: Kansas Attorney General Opinions
Docket: AGO 74-246
Date: July 16, 1974

Advisory Opinion Text

Mr. Kenny Peak

AGO 74-246

Kansas Attorney General Opinion

State of Kansas Office of the Attorney General

July 16, 1974

Mr. Kenny Peak

Criminal Justice Planner

Southeast Kansas Regional

Planning Commission

Box 664

Chanute, Kansas 66720

Dear Mr. Peak:

As Criminal Justice Planner with the Southeast Kansas Regional Planning Commission, you advise that your agency has been requested to perform a feasibility study for unification of law enforcement efforts in Woodson County, Kansas. You indicate that the proposed consolidation involves only consolidation of facilities, communications and records equipment. It is not proposed to abolish the office of sheriff, or consolidate that office with any other position. You question whether such a consolidation must be placed on the ballot for voter approval.

I enclose a copy of 1974 Senate Bill 59, now found at ch. 4 26, L. 1974, and my recent opinion on that bill. As you will note, section 3 permits consolidation of specific activities, functions and the like, without a vote of the electorate, unless such consolidation involves the abolition of an elective office, which is not the case in the proposal you submit. Accordingly, no election is required based upon the circumstances described in your letter.

Yours very truly,

VERN MILLER ATTORNEY GENERAL