335 P.3d 1204
Kan. Ct. App.2014Background
- Morrison, a Prairie Village City Council member since 2008 (re-elected 2012), sought help for his homeless friend Malone.
- Morrison housed Malone in city hall for several days in Oct 2012, after trying alternatives and fearing health risks to Malone and his family.
- Morrison gave Malone his security code, enabling access to city hall facilities, including after-hours, creating a potential security breach.
- City officials learned of Malone's presence; dispatch communications indicated concerns about the arrangement and Morrison's explanations.
- The district court found Morrison violated the Prairie Village City Code of Ethics and 60-1205, concluding misconduct and neglect entailed ouster; the council ousted Morrison and a trial with advisory jury occurred.
- The court of appeals reverses, holding no corrupt motive or grave public risk; ouster is not warranted; remands with instructions to enter judgment in Morrison’s favor and reinstate him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 60-1205 applies undisputed facts to warrant ouster | Morrison argues facts do not show willful misconduct or corrupt motive | District court held undisputed facts show willful misconduct and misuse of city property | No; 60-1205 not satisfied by undisputed facts; ouster reversed |
| Whether the actions show willful misconduct or bad faith | Morrison acted from humanitarian intent, not corrupt purpose | Actions reflected poor judgment and potential health/security risk to staff | Not shown; actions not driven by evil design; ouster not warranted |
Key Cases Cited
- State ex rel. Hopkins v. Corwine, 113 Kan. 192 (Kan. 1923) (ouster standards; willfulness and duty emphasis)
- State ex rel. Cahill v. Board, 222 Kan. 570 (Kan. 1977) (padding expenses; corruption and fiscal threat considerations)
- State ex rel. Darnall v. City, 123 Kan. 643 (Kan. 1927) (falsifying records; misuse of public funds)
- Gannon v. State, 298 Kan. 1107 (Kan. 2014) (political questions; separation of powers; judiciary restraint)