Legal Resources

The Purpose

The purpose of this website is to provide Shawnee County Sheriff staff and others a quick legal reference in order to assist staff in fulfilling their assignments or tasks. The employee should keep in mind that the information on this website will not provide all the answers to legal questions or be a substitute for discussing legal issues with the General Counsel. Many times, the legal position taken by this office will depend on the specific facts of each case.

Home Rule Resolutions

The enforcement of home rules is pursuant to KSA 19-101. The statute indicates that the Board of County Commissioners shall have the power to enforce all resolutions passed pursuant to county home rules powers as designated by KSA 19-101 amendments thereto.

Shawnee County Code

Click here for a link to the full Shawnee County Code.

The Kansas Open Records Act

The specific requirements for the open records act are set forth in KSA 45-216. The act was recently amended during the 2004 Kansas Legislature. The amendments were made in Senate Bill 552. There are at least forty-five exceptions where the holder of the records is not obligated to release the records to the party requesting the same. But for the purpose of this office, the focus will center on criminal investigative records.

KSA 45-221(a) Except to the extent of disclosure is otherwise required by law, a public agency shall not be required to disclose:

(10) Criminal investigation records, except as provided herein. The District Court, in an action pursuant to KSA 45-222 and amendments thereto, may order the disclosure of such records subject to the conditions as the court may impose if the court finds that the disclosure:

  • A. Is in the public interest (One)
  • B. Would not interfere with any prospective law enforcement action, criminal investigation or prosecution; (Two)
  • C. Would not reveal the identity of any confidential source or undercover agency; (Three)
  • D. Would not reveal confidential investigative techniques or procedures (Four)
  • E. Would not endanger the life or physical safety of a person; and (Five)
  • F. Would not reveal the name, address, phone number or any other information which specifically and individually identifies the victim of any sexual offense in article 35 of Chapter 21 of the Kansas Statute Annotated, and amendments thereto (Six)

Definition of Criminal Investigative Records

KSA 45-217(c) states: "Criminal investigation records" means records of an investigatory agency or criminal justice agency as defined by KSA 22-4701 and amendments thereto, compiled in the process of preventing, detecting or investigating violations of criminal law, but does not include police blotter entries, court records, rosters of inmates of jails or other correctional or detention facilities or records pertaining to violations of any traffic law other than vehicular homicide as defined by KSA 21-3405 and amendments thereto.

In essence, the agency can assert one of the above six exceptions on why criminal investigative records should not be released. Some records may fit into more than one exception. Keep in mind that all open records requests that are denied to the public by the Sheriff's Office must occur with consultation with the General Counsel.

To facilitate open records requests, please print off the form located here.

Mandated Duties of the Sheriff

KSA 19-805 The Sheriff may appoint, promote, and dismiss additional deputies and assistants necessary to carry out the duties of the office. (The Board of County Commissioners of the County of Lincoln v. Wray Neilander, Kansas Supreme Court No. 88,844.)

KSA 19-805(c) The Sheriff shall submit a budget for the financing of the operations of the sheriff's office to the board of county commissioners for their approval.

KSA 19-810 Every appointment of an undersheriff or of a deputy sheriff and every revocation of such appointment shall be in writing and under the hand of the sheriff, and shall be filed with the clerk of the county.

KSA 19-811 The Sheriff shall have the charge and custody of the jail of his county, and all prisoners in the same, and shall keep such jail himself, or by his deputy or jailer, whose acts he and his sureties shall be liable. *Special note. In May of 1981, the Board of County Commissioners created the Shawnee County Department of Corrections. This agency now manages the jail pursuant to HR 81-42.

KSA 19-812 The Sheriff in person or by his undersheriff or deputy shall serve and execute, according to law, all process writs, percepts and orders issued or made by lawful authority and to him directed, and shall attend upon the several courts of record held in his county, and shall receive such fees for his services as allowed by law.

KSA 19-813 It shall be the duty of the sheriff and the undersheriff's and deputies to keep and preserve the peace in their respective counties, and to quiet and suppress all affrays, riots and unlawful assemblies and insurrections for which purpose and fore the service of process in civil or criminal cases and apprehending or securing any person for felony or breach of the peace.

KSA 19-814 Whenever a new sheriff shall be elected and shall have been qualified as required by law, the former sheriff shall, upon demand, deliver to him the jail and other property of the county, and all prisoners in such jail, and all writs, process, orders and other papers belonging to such offices and in his possession or that of his undersheriff or deputies.

KSA 19-821 No sheriff shall, directly or indirectly, ask or demand or receive, for any service to be by him performed in the discharge of any of his official duties, any greater fees than are allowed by law.

KSA 19-822 County Sheriff and their deputies, when on duty, shall be dressed in a distinctive uniform, which shall be furnished by the county.

KSA 22-4904 Registration of offender; duties of sheriff; verification of registration information by registrant; updated photo; forward to KBI; fee. (a) (1) Except as provided in subsection (a)(2), within 10 days of the offender coming into any county in which the offender resides or is temporarily domiciled for more than 10 days, the offender shall register with the sheriff of the county.