February 17, 2000
Opinion No. 2000-03
Sheriff Dave Meneley
Shawnee County Sheriff's Department
Law Enforcement Center
320 South Kansas Ave., Suite 200
Topeka, KS 66603-3641
Dear Sheriff Meneley:
This opinion is in response to your letter of January 27, 2000,
in which you request an opinion from the Kansas Governmental Ethics
Commission (GEC) concerning the Campaign Finance Act (K.S.A.
25-4142 et seq.) and the local conflict of interest law
(K.S.A. 75-4301 et seq.). We note at the outset that the
Commission's jurisdiction concerning your question is limited to
the application of K.S.A. 25-4142 et seq. and K.S.A. 75-4301
et seq. Thus, whether some other statutory system, common
law theory or agency rule or regulation applies to your inquiry is
not covered by this opinion.
FACTUAL STATEMENT:
We understand that you request this opinion in your capacity as
the Sheriff of Shawnee County. You have informed us that the
attorney General has brought a civil ouster proceeding against you
in an effort to remove you from office. You have incurred legal
expenses in the defense of this procedure.
QUESTION:
I. May you use campaign funds to defray the legal expenses
incurred in defending against a civil ouster proceeding?
OPINION:
K.S.A. 1998 Supp. 25-4157a(a), is applicable to your question.
In pertinent part, that section states:
"No moneys received by any candidate or candidate
committee of any candidate as a contribution under this act shall
be used or be made available for the personal use of the candidate
and no such moneys shall be used by such candidate or candidate
committee of such candidate except for:
"(1) legitimate campaign purposes;
"(2) expenses of holding political office; . . ."
For the purpose of this section, expenditures for personal use
shall include expenditures to defray normal living expenses for the
candidate or the candidate's family and expenditures for the
personal benefit of the candidate having no direct connection with
or effect upon the campaign of the candidate or the holding of
public office."
The issue is whether the expenses you have described are being
used for the purpose "of holding political office." The Commission
has held in the past that campaign funds may be used to defray the
legal costs associated with the defense of a candidate's candidacy
or election, the demand for campaign related documents in a civil
action not involving any wrong doing on the candidate's part, and
the defense of a recall petition. See GEC Opinion 1979-6, 1998-35
and 1999-13.
In the particular factual scenario you have described, you will
be required to seek legal assistance in order to defend your
elected position in a civil proceeding. This is not a criminal
trial, but a civil proceeding brought to remove you from office.
Under these circumstances, the legal expenses contemplated have a
direct connection to the holding of public office and, therefore,
you may use campaign funds to pay for the legal fees you will
incur. The Commission cautions, however, that you may not use
campaign funds in the defense of any criminal proceeding which may
be brought against you. See GEC Opinion 1994-19.
Sincerely,
Daniel Sevart, Chairman
By Direction of the Commission
DS:VMG:dlw
