CITIES AND MUNICIPALITIES - LIBRARIES - ELECTION OF LIBRARY DISTRICT DIRECTORS; NOTICE REQUIRED. May 16, 1980.
Positions on board of directors for a library district are filled in a general, not special, election, in that the holding of such elections are at a specific time is mandated by law. As a result, notice requirements contained in K.S.A. 12-1240 are directory in nature, and do not have to be strictly compiled with as long as the date established by statute is used. When neither the proper notice nor the prescribed date are complied with, however, sufficient notice cannot be found to have been given. Accordingly, any election held under such circumstances is invalid, leaving vacant those seats on the board of directors which were filled at that time. K.S.A. 12-1241 governs the filling of such vacancies. Cited herein: K.S.A. 12-1239, 12-1240, 12-1241.
- Summary quoted from "Library-related Opinions of the Attorney General of the State of Kansas: 1959-1988". Jana Renfro, Administrative Assistant to the State Librarian, Kansas State Library, 1988.