Kansas law (K.S.A. 75-4301a et seq.
) contains certain requirements in order to achieve a workable, fair balance between public and private interests. State law contains the following requirements:
- Statements of Substantial Interest. Statements listing an officeholder's substantial financial interests must be filed by every candidate for local office within ten days after the filing deadline for the office, or within fifteen days of appointment when filling a vacancy in an elective office. The statement should be updated as the official's substantial interests change.
- Definition of Substantial Interest. 1) Ownership by an individual or spouse of any business interest valued at more than $5,000, or 5% of any business, whichever is less; or 2) receipt by an individual or spouse of $2,000 or more from any business, or combination of businesses, in the preceding calendar year; or 3) holding the position of officer or director of any business, regardless of compensation received (with a special exception for positions held with certain tax-exempt organizations); or 4) acceptance of certain gifts of a value exceeding $500.
- Disclosure of Certain Positions. The Conflict of Interest law was amended in 1991 to provide that local officials need to disclose on their statements of substantial interest any positions held in corporations which are tax-exempt under "Section 501(c)(3), (4), (5), (6), (7), (8), (10), or (19) of Chapter 26 of the United States Code." Disclosure is required, but such positions are not considered to be "substantial interests" for purposes of the requirement under K.S.A. 75-4304 to abstain from the making of a contract.
- Action on Contracts; When Abstention is Required. Local officials are required to abstain from making or participating in the making of any contract with any business in which the official is employed or has a substantial interest except when: 1) the contract was let after competitive bidding has been advertised by published notice; 2) the contract is for property or services for which the price or rate is fixed by law.
- Action on Non-contractual Matters. A municipal officer or employee who has on file a current statement of substantial interest may act in his or her official capacity upon any non-contractual matter that will affect any business in which the officer or employee holds a substantial interest.
Source: Governing Body Handbook. League of Kansas Municipalities, 2011.