72-5428.Fact finding; report of findings and recommendations of board;meeting required after report; report to be made public, exceptions; finalaction by board of education.(a) Upon receipt of a written request filed by eitherparty under K.S.A. 72-5427 and upon notification of the other party of therequest, the secretary shall appoint forthwith a fact-findingboard of not more than three (3) members and shall notify the partiesof the appointment. Members of the fact-finding board shall be appointedfrom a list maintained by thesecretary of qualified and impartial individuals who are representativeof the public. The individual who was appointed as the mediator underK.S.A. 72-5427 to assist in resolving the impasse, shall notbe appointed to the fact-finding board for such impasse.
(b) Upon appointment of the fact-finding board and prior to any meetingof the board with the parties, the secretary shall submit the memorandumrequired to be prepared and submitted by each party under K.S.A. 72-5427to the other party and to the fact-finding board.The fact-finding board shall meet with the parties or theirrepresentatives, or both, either jointly or separately, and may makesuch inquiries and investigations and hold such hearings on the issuesupon which the impasse exists, as the fact-finding board may deemappropriate.
(c) For the purpose of conducting inquiries, investigations andhearings, the fact-finding board shall have the power to administeroaths and affirmations, examine witnesses and documents, take testimonyand receive evidence and compel attendance of witnesses and theproduction of documents by the issuance of subpoenas. In the event ofrefusal to obey a subpoena on the part of any person or persons, thefact-finding board shall have authority to bring an action to enforcethe subpoena in a court of competent jurisdiction.
(d) On the basis of the inquiries, investigations and hearings, thefact-finding board shall determine the issues upon which the impasse exists,make findings of fact regarding theissues and shall make recommendations for resolution of the impasse. Withinten (10) days after its appointment, the fact-finding boardshall submit privately and on the samedate to the secretary and to each of the parties, the written report ofthe fact-finding board containing the findings of fact and therecommendation of the fact-finding board, except that such ten-dayperiod may be extended by agreement of the parties not to exceed amaximum of seven (7) additional days. The recommendation of thefact-finding board shall not be binding on either the board of educationor the recognized professional employees' organization.
(e) Within the ten (10) days immediately after receipt of the report ofthe fact-finding board, the parties shall meet at least once in an effortto reach agreement for resolution of the impasse.Either the board of education or the professionalemployees' organization may make public the report of the fact-findingboard. The secretary shall make the reportpublic ten (10) days after receipt of the report unless (1) the board ofeducation and the recognized professional employees' organization agreeto an extension of the ten-day period and give notice ofsuch agreement to the secretary in which case, subject to provision (2),the report shall be madepublic by the secretary upon the expiration of such extended period ofdays, except that such ten-day period shall not be extended by theparties beyond a maximum of seven (7) additional days; or (2) the boardof education and the recognized professional employees' organization notifythe secretary at any time prior to the expiration of the applicable periodof days that agreement for resolution of the impasse has been reached.
(f) When the report of the fact-finding boardis made public,if the board of education and the recognized professional employees'organization do not resolve the impasse and reach an agreement, theboard of education shall take such action as it deems in the publicinterest, including the interest of the professional employees involved,and shall make such action public.
History: L. 1977, ch. 248, § 9; L. 1980, ch. 220, § 11; July 1.
72-5428.Fact finding; report of findings and recommendations of board;meeting required after report; report to be made public, exceptions; finalaction by board of education.(a) Upon receipt of a written request filed by eitherparty under K.S.A. 72-5427 and upon notification of the other party of therequest, the secretary shall appoint forthwith a fact-findingboard of not more than three (3) members and shall notify the partiesof the appointment. Members of the fact-finding board shall be appointedfrom a list maintained by thesecretary of qualified and impartial individuals who are representativeof the public. The individual who was appointed as the mediator underK.S.A. 72-5427 to assist in resolving the impasse, shall notbe appointed to the fact-finding board for such impasse.
(b) Upon appointment of the fact-finding board and prior to any meetingof the board with the parties, the secretary shall submit the memorandumrequired to be prepared and submitted by each party under K.S.A. 72-5427to the other party and to the fact-finding board.The fact-finding board shall meet with the parties or theirrepresentatives, or both, either jointly or separately, and may makesuch inquiries and investigations and hold such hearings on the issuesupon which the impasse exists, as the fact-finding board may deemappropriate.
(c) For the purpose of conducting inquiries, investigations andhearings, the fact-finding board shall have the power to administeroaths and affirmations, examine witnesses and documents, take testimonyand receive evidence and compel attendance of witnesses and theproduction of documents by the issuance of subpoenas. In the event ofrefusal to obey a subpoena on the part of any person or persons, thefact-finding board shall have authority to bring an action to enforcethe subpoena in a court of competent jurisdiction.
(d) On the basis of the inquiries, investigations and hearings, thefact-finding board shall determine the issues upon which the impasse exists,make findings of fact regarding theissues and shall make recommendations for resolution of the impasse. Withinten (10) days after its appointment, the fact-finding boardshall submit privately and on the samedate to the secretary and to each of the parties, the written report ofthe fact-finding board containing the findings of fact and therecommendation of the fact-finding board, except that such ten-dayperiod may be extended by agreement of the parties not to exceed amaximum of seven (7) additional days. The recommendation of thefact-finding board shall not be binding on either the board of educationor the recognized professional employees' organization.
(e) Within the ten (10) days immediately after receipt of the report ofthe fact-finding board, the parties shall meet at least once in an effortto reach agreement for resolution of the impasse.Either the board of education or the professionalemployees' organization may make public the report of the fact-findingboard. The secretary shall make the reportpublic ten (10) days after receipt of the report unless (1) the board ofeducation and the recognized professional employees' organization agreeto an extension of the ten-day period and give notice ofsuch agreement to the secretary in which case, subject to provision (2),the report shall be madepublic by the secretary upon the expiration of such extended period ofdays, except that such ten-day period shall not be extended by theparties beyond a maximum of seven (7) additional days; or (2) the boardof education and the recognized professional employees' organization notifythe secretary at any time prior to the expiration of the applicable periodof days that agreement for resolution of the impasse has been reached.
(f) When the report of the fact-finding boardis made public,if the board of education and the recognized professional employees'organization do not resolve the impasse and reach an agreement, theboard of education shall take such action as it deems in the publicinterest, including the interest of the professional employees involved,and shall make such action public.
History: L. 1977, ch. 248, § 9; L. 1980, ch. 220, § 11; July 1.
72-5428.Fact finding; report of findings and recommendations of board;meeting required after report; report to be made public, exceptions; finalaction by board of education.(a) Upon receipt of a written request filed by eitherparty under K.S.A. 72-5427 and upon notification of the other party of therequest, the secretary shall appoint forthwith a fact-findingboard of not more than three (3) members and shall notify the partiesof the appointment. Members of the fact-finding board shall be appointedfrom a list maintained by thesecretary of qualified and impartial individuals who are representativeof the public. The individual who was appointed as the mediator underK.S.A. 72-5427 to assist in resolving the impasse, shall notbe appointed to the fact-finding board for such impasse.
(b) Upon appointment of the fact-finding board and prior to any meetingof the board with the parties, the secretary shall submit the memorandumrequired to be prepared and submitted by each party under K.S.A. 72-5427to the other party and to the fact-finding board.The fact-finding board shall meet with the parties or theirrepresentatives, or both, either jointly or separately, and may makesuch inquiries and investigations and hold such hearings on the issuesupon which the impasse exists, as the fact-finding board may deemappropriate.
(c) For the purpose of conducting inquiries, investigations andhearings, the fact-finding board shall have the power to administeroaths and affirmations, examine witnesses and documents, take testimonyand receive evidence and compel attendance of witnesses and theproduction of documents by the issuance of subpoenas. In the event ofrefusal to obey a subpoena on the part of any person or persons, thefact-finding board shall have authority to bring an action to enforcethe subpoena in a court of competent jurisdiction.
(d) On the basis of the inquiries, investigations and hearings, thefact-finding board shall determine the issues upon which the impasse exists,make findings of fact regarding theissues and shall make recommendations for resolution of the impasse. Withinten (10) days after its appointment, the fact-finding boardshall submit privately and on the samedate to the secretary and to each of the parties, the written report ofthe fact-finding board containing the findings of fact and therecommendation of the fact-finding board, except that such ten-dayperiod may be extended by agreement of the parties not to exceed amaximum of seven (7) additional days. The recommendation of thefact-finding board shall not be binding on either the board of educationor the recognized professional employees' organization.
(e) Within the ten (10) days immediately after receipt of the report ofthe fact-finding board, the parties shall meet at least once in an effortto reach agreement for resolution of the impasse.Either the board of education or the professionalemployees' organization may make public the report of the fact-findingboard. The secretary shall make the reportpublic ten (10) days after receipt of the report unless (1) the board ofeducation and the recognized professional employees' organization agreeto an extension of the ten-day period and give notice ofsuch agreement to the secretary in which case, subject to provision (2),the report shall be madepublic by the secretary upon the expiration of such extended period ofdays, except that such ten-day period shall not be extended by theparties beyond a maximum of seven (7) additional days; or (2) the boardof education and the recognized professional employees' organization notifythe secretary at any time prior to the expiration of the applicable periodof days that agreement for resolution of the impasse has been reached.
(f) When the report of the fact-finding boardis made public,if the board of education and the recognized professional employees'organization do not resolve the impasse and reach an agreement, theboard of education shall take such action as it deems in the publicinterest, including the interest of the professional employees involved,and shall make such action public.
History: L. 1977, ch. 248, § 9; L. 1980, ch. 220, § 11; July 1.
