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335 P.3d 1204
Kan. Ct. App.
2014
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Background

  • 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)
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Case Details

Case Name: State v. Morrison
Court Name: Court of Appeals of Kansas
Date Published: Oct 10, 2014
Citations: 335 P.3d 1204; 50 Kan. App. 2d 1001; 2014 Kan. App. LEXIS 78; 110835
Docket Number: 110835
Court Abbreviation: Kan. Ct. App.
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