Legal Resource

The Sheriff

Dick Barta was selected by the Republican Precinct Committee and was appointed Sheriff of Shawnee County by Governor Sebelius in March 2000. He was elected Sheriff in November of 2000 and in subsequent elections.

Sheriff Barta was with the Kansas Highway Patrol from 1968 to 1997 retiring at the rank of Major. From 1997 to 2000 he was with the Kansas Lottery Commission Security Division. He is a graduate of Barton County Community College, Washburn University, Federal Bureau of Investigation National Academy, National Sheriff's Institute, Kansas Sheriff Academy, Central Missouri State Traffic Management Institute and the Kansas Highway Patrol Academy. In addition, he has attended numerous law enforcement related courses during his professional career. He is a United States Navy veteran

General Counsel

Michael George is the General Counsel for the Shawnee County Sheriff's Office. He is a graduate from the University of Kansas. He is licensed to practice law within the State of Kansas, the United States District Court and the United State District Court of Appeals. Mr. George has served as the General Counsel since December 2003. Prior to his employment with the Sheriff's Office Mr. George was the General Counsel for the Kansas Juvenile Justice Authority and Chief of Litigation for the Kansas Department and Rehabilitation Services. Mr. George has over 30 years of legal experience.

The Purpose

The purpose of this web site 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 web site will not provide all the answers for legal questions or is a substitution 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 K.S.A. 19-101 (d) 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 K.S.A. 19-101 c amendments thereto.

1. Barking dogs HR 84-7
2. Vicious Animals (dogs etc) HR 99-9
3. Dogs at large HR 90-11
4. Various subdivisions Subdivision List (Dogs at large)
5. Rabies Vaccination HR 81-6
6. Exotic animals HR 93-5
7. Fine Schedule HR 2003-9
8. Fireworks HR 2003-11
9. Illegal dumping HR 2003-8
10. License plates HR 2004-10
11. Noise HR 2005-14
12. Nuisance HR 2001-4
13. Speeding HR 2005-166
14. Speeding HR 2005-167
15. Speeding HR 2005-168
16. Speeding HR 2005-169
17. Courthouse Security HR 1997-3
18. Smoking on County Property hr-2007-3
19. Smoke Detectors (HR 94-3)
20. Picketing of Religious Events and Residential Dwellings (HR 96-4)
21. Clarhan Farms Subdivision Firearms Resolutions (HR 2007-4, HR 2007-5)

The Kansas Open Records Act

The specific requirements for the open records act is set forth in K.S.A. 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.

K.S.A. 45-221 (a) Except to the extent of disclosure is other wise required by law, a public agency shall not be required to disclose:

(10) Criminal investigation records, except as provide herein. The District Court in an action pursuant to K.S.A. 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 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

K.S.A. 45-217 (b) Criminal investigation records means records of an investigative agency or criminal justice agency as defined by K.S.A.22-4701 and amendments thereto compiled in the process of preventing, directing, or investigating violations of criminal law, but does not include police blotter entries, court records In essence, the agency can assert one of the above six exceptions on why criminal investigative records should not be release. Some records may fit into more than one exception. Keep in mind that all open records request that are denied to the public by the Sheriff's Office must occur with consultation with the General Counsel.

To facilitate open records request please print off the below form.

FORM ( 17 Request for Records)

Mandated Duties of the Sheriff

K.S.A. 19-805 The Sheriff may appoint, promote, and dismiss additional deputies and assistants necessary 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.)

K.S.A. 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.

K.S.A. 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.

K.S.A. 18-111 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.

K.S.A. 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 mad 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.

K.S.A. 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.

K.S.A. 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.

K.S.A. 19-819 No sheriff, undersheriff or deputy shall appear or advise, as attorney or counselor in any case in court.

K.S.A. 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 that are allowed by law.

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

K.S.A. 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. (Read the complete statute on the Kansas Legislature site.)