It seems you’re asking about the consequences if Kevin Cook, as a Shawnee County Commissioner, failed to follow a Kansas state law for five years as part of his duties, with a reference to a "citizens commission." I’ll assume "citizens commission" might be a typo or shorthand for the Board of County Commissioners or a related citizen oversight body. If I’ve misunderstood, please clarify! Here’s how this could play out based on Kansas law and his role:
Kevin Cook, as a commissioner, is part of the Shawnee County Board of Commissioners, a three-member elected body responsible for setting policy, managing county affairs, and ensuring compliance with state laws under K.S.A. 19-101 and related statutes. If he (or the board) neglected a state law for five years—say, something specific like failing to conduct required audits (K.S.A. 75-1122) or mishandling tax levies (K.S.A. 79-2927)—the consequences hinge on detection, enforcement, and the nature of the violation.
First, there’s no automatic penalty for noncompliance unless someone—citizens, another official, or a state agency—calls it out. Kansas law doesn’t have a "citizens commission" with direct authority over commissioners, but citizens can act through mechanisms like a recall or ouster. Under K.S.A. 25-4302, a recall election could be triggered if 40% of voters from the last election for his seat sign a petition citing "failure to perform duties prescribed by law" as grounds. For Shawnee County, with around 130,000 voters and maybe 30,000 voting in a commissioner race, that’s roughly 12,000 signatures. The process takes 90 days for circulation and, if successful, forces a vote to remove him. Five years of neglect could fuel a strong case, assuming evidence (like missing records or unfiled reports) exists.
Alternatively, K.S.A. 60-1205 allows the Kansas Attorney General or county attorney to file an ouster petition in district court for "willful misconduct" or "neglect of duty." Five years of ignoring a state law—especially if it’s something critical like public safety (e.g., K.S.A. 19-212 powers) or financial oversight—could qualify. The court would weigh evidence, like documentation of noncompliance or harm to the county (e.g., lost funds, legal exposure). If proven, he’d be removed from office, and the governor would appoint a replacement until the next election (K.S.A. 19-203). No jail time or fines attach directly to ouster, but it’s a career-ender.
Criminal consequences are trickier. If the violation involved intentional fraud or corruption—like misusing county funds under K.S.A. 21-6001 (misconduct by a public officer)—he could face felony charges. A level 7 felony carries up to 17 months in prison for a first offense, plus fines, but prosecution requires clear intent, not just negligence. Five years of inaction might suggest negligence over malice, making civil remedies more likely than criminal ones unless there’s evidence of personal gain.
Practically, enforcement lags without scrutiny. Kansas doesn’t audit commissioner compliance routinely, and Shawnee County’s size means slip-ups could go unnoticed unless they spark outrage or cost money. Cook’s been in office since at least 2020 (re-elected in 2022), so a five-year span could overlap his current and prior terms. No public record as of now shows him or the board flouting laws that long, but hypothetically, if citizens or the state acted, recall or ouster would be the main tools.
What law or duty are you thinking of? That’d sharpen the answer!
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