Kansas Attorney General Opinion 1992-040

ROBERT T. STEPHAN
ATTORNEY GENERAL
March 23, 1992
ATTORNEY GENERAL OPINION NO. 92- 40
Leigh Hood
Ford County Attorney
Courthouse
P.O. Box 1047
Dodge City, Kansas 67801
Re: Counties and County Officers -- County
Commissioners -- County Equipment Reserve Fund;
Purpose of the Fund
Counties and County Officers -- County Clerk --
Duties and Authority
Synopsis: K.S.A. 19-119 allows the board of county
commissioners latitude in authorizing appropriate
expenditures by the use of the term "any other
equipment or personal property." The county clerk
does not have the authority nor the responsibility
of making sure that the orders issued by the board
of county commissioners are wise or proper as long
as the expenditures are within the scope of their
authority. Cited herein: K.S.A. 19-119; 19 - 305;
19 - 306.
Dear Mr. Hood:
As Ford county attorney you request our opinion as to what
purchases would constitute a proper expense from the Ford
county equipment reserve fund.

On December 28, 1987, the Ford county board of commissioners,
pursuant to Resolution No. 87-10 and in accordance with K.S.A.
19-119 established an equipment reserve fund. K.S.A. 19-119
and Ford county resolution no. 87-10 set out that the word
equipment:
"shall include machinery, vehicles and any
other equipment or personal property
including, but not limited to, computer
hardware and software, which the county is
authorized to purchase for municipal
purposes."
The Ford county board of commissioners would like to purchase
the following items but have met with resistance from the
county clerk who refuses to process the claims because she
deems them an improper use of the fund. You seek our opinion
regarding whether these are appropriate expenditures from the
equipment reserve fund.
New heating equipment
New air conditioning equipment
New plumbing fixtures, e.g., faucets and handles
New toilets
New bathroom sinks
New bathroom partitions
New "plumbing equipment"
New "electrical equipment" e.g., wiring, conduit,
switches
New light fixtures
New ceiling tiles
New floor tile
New carpet
New wallpaper for some walls
New, energy efficient window apparatus
Some new doors
Some new cabinets
New handicapped entry equipment
Construction materials
K.S.A. 19-119 allows for expenditures that encompass
"machinery, vehicles and any other equipment or personal
property including but not limited to, computer hardware and
software." (Emphasis added). Since such language is very
broad and research into the legislative history of K.S.A.
19-119 does not show that the phrase was meant to cover only a
certain, few items, we interpret this statute to authorize
expenditures for anything that fits within the definition of

equipment or personal property, if the item is something the
county is authorized to purchase for municipal purposes.
In regard to the county clerk's refusal to process the claims
for the aforementioned items from the equipment reserve fund,
we must look to the powers and duties of the county clerk.
"It shall be the general duty of the
county clerk: First, to record, in a
book to be provided for that purpose, all
proceedings of the board; second, to make
regular entries of their resolutions and
decisions in all questions concerning the
raising of money; third, to record the
vote of each commissioner on any question
submitted to the board, if required by
any member; fourth, sign all orders
issued by the board for the payment of
money; fifth, to preserve and file all
accounts acted upon by the board, with
their action thereon; and he shall
perform such special duties as are
required of him by law." K.S.A. 19-305.
Also, K.S.A. 19-306 states "[i]t shall be the duty of such
clerk to designate, upon every account which shall be audited
and allowed by the board, the amount so allowed. . . ."
In The State, ex rel. v. Leisure, 42 Kan. 272, 274 (1889),
the court in discussing the duties of a county clerk and if
the clerk could be subject to forfeiture of his office due to
a large, questionable expense stated:
"He is merely a clerk in such cases for
the board; having no supervisory control
over, and not responsible for their
action, it is not for him to determine
whether they act wisely or unwisely,
prudently or imprudently, legally or
illegally, at least so long as they keep
within the scope of their authority."
In conclusion, it is our opinion that K.S.A. 19-119 allows the
board of county commissioners latitude in authorizing
appropriate expenditures by the use of the term "any other
equipment or personal property." The county clerk does not
have the authority nor the responsibility of making sure that
the orders issued by the board of county commissioners are

wise or proper as long as the expenditures are within the
scope of their authority.
Very truly yours,
ROBERT T. STEPHAN
ATTORNEY GENERAL OF KANSAS
Mary Jane Stattelman
Assistant Attorney General
RTS:JLM:MJS:bas