Download or read book Attorney General Opinion No. 1981-016 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of K.S.A. 1980 Supp. 13-1806 require that a vacancy occurring in the office of city commissioner be filled by the remaining commissioners selecting a successor to serve until the next city general election. Even though said statute is silent as to the election procedure to be followed where such vacancy occurs during a term of office that otherwise would not have expired at such election, the apparent underlying legislative intent is that, at said election, the qualified electors of the city elect a successor to fill the balance of the unexpired term. The election to fill such unexpired term must be separate and distinct from the election of persons to fill the regular four-year and two-year terms of office, as provided in K.S.A. 12-1004. Thus, persons filing for the office of city commissioner must declare their candidacy for either the position having an unexpired term of office or for a position having a full term of office, and the number of candidates for each such election will determine the necessity of holding a primary election in accordance with K.S.A. 1980 Supp. 25-2108a. In the event that the person elected to fill the remainder of the unexpired term is someone other than the person previously selected to fill the vacancy until the city general election, the latter person holds over in office until the person so elected is qualified to commence upon the duties of the office. (Affirming Attorney General Opinion No. 79-92.) Cited herein: K.S.A. 12-1004, 12-1005k, K.S.A. 1980 Supp. 13-1806, 25-2108a, 25-2110, K.S.A. 25-2120, 54-106.