Kansas Attorney General Opinion 2015-012

June 26, 2015
ATTORNEY GENERAL OPINION NO. 2015- 12
David W. Andreas
104 ½ W. 9th , Ste. 303
Winfield, KS 67156
Re: 	Schools—Community 	Colleges—Community 	College 	Elections—Board 	of
Trustees; 	Composition; 	Methods 	of 	Election; 	Membership 	Prohibited 	for
College Employees; Terms of Members
Synopsis: 	A 	member 	of 	a 	community 	college’s 	board 	of 	trustees 	shall 	not 	be 	an
employee of the community college; there is no provision allowing a member
of the board of trustees to defer his or her term while working as an employee
of the community college. Cited herein: K.S.A. 2014 Supp. 71-201; K.S.A. 71-
1403(d); 71-1412.
* 	* 	*
Dear Mr. Andreas:
As attorney for the Cowley County Community College and for its board of trustees, you ask
our opinion on whether a newly-elected member of the community college’s board of
trustees 	may 	simultaneously 	be 	employed 	as 	an 	executive-level 	employee 	by 	the
community college, including whether the newly-elected trustee can “defer commencing his
term of service until he was no longer a College employee” to avoid a conflict of interest.
For the sake of clarity, we will address your question in two parts. First, we note state law
dictates that “[n]o member of the board of trustees of a community college shall be an
employee of the community college.” 1 There is no distinction between executive-level and
other employees. As a result, a member of the board of trustees would not be allowed
simultaneously to be an employee of the community college.
1 K.S.A. 71-1403(d).

David Andreas
Page 2
You 	also 	ask 	if 	the 	newly-elected 	member 	of 	the 	board 	of 	trustees 	may 	defer 	the
commencement of his or her term in order to serve as an executive-level employee of the
community college on an interim basis while the community college looks for a permanent
replacement for the executive-level position. We can find no provision of law that would
allow for this to occur. A member’s term on the board of trustees begins on July 1 following
his or her election. 2 There is no provision that we could find allowing a newly-elected
member of the board of trustees to defer the commencement of his or her term. If a newly-
elected member of the board of trustees refuses (or is unable) to serve, the seat would be
considered vacant and a replacement would need to be appointed. 3 State law requires the
board to publish notice of vacancies and appoint a replacement to serve the balance of the
unexpired term.4 This precludes the board from holding a seat open for a member or newly-
elected member who wishes to serve temporarily as an employee of the community college
or who is otherwise unable or unwilling to serve the balance of his or her term.
In conclusion, Kansas law does not permit a member of a community college’s board of
trustees simultaneously to be an employee of the community college. We do not believe the
laws governing community college trustees allow a member of the board of trustees to defer
his or her term while serving as an employee; if a newly-elected member of the board of
trustees were to accept employment with the community college instead of serving on the
board of trustees, the board would be required to treat the position as vacant and appoint a
replacement member to serve the balance of the unexpired term.
Sincerely,
Derek Schmidt
Kansas Attorney General
Craig Paschang
Assistant Attorney General
DS:CP
2 K.S.A. 71-1412. Beginning on July 1, 2015, the terms for future elected members of a board of trustees will
commence on the second Monday of January. See L. 2015 Ch. 88 § 65.
3 We note that an incumbent is generally entitled to keep his or her seat while a replacement is selected, see
State ex rel. Gregory v. Irey, 116 Kan. 21 (1924). The same rule applies to members of a community college’s
board of trustees, who “shall serve until their successors are elected or appointed and qualified.” K.S.A. 71-
1412.
4 Pursuant to K.S.A. 2014 Supp. 71-201(b)(15), a community college’s board of trustees “shall” publish notice
of a vacancy on the board of trustees and appoint a new member to serve the remainder of the unexpired term
within 15 days.