Darling v. Kansas Water Office

The opinion of the court was delivered by Plaintiffs herein were classified employees of the Kansas Water
Office (KWO). In 1984, the Kansas Legislature enacted Senate Bill
No. 501 (L. 1984, ch. 285), which changed plaintiffs' jobs from
being in the classified service of the Kansas Civil Service Act,
K.S.A. 75-2925 et seq., to being unclassified and directed
their termination. Plaintiffs were terminated and appealed their
terminations to the Civil Service Board, which held it had no
jurisdiction as plaintiffs were no longer classified employees.
Plaintiffs appealed the Board's action to the district court
(Case No. 84-CV-876) and filed a separate action against
[245 Kan. 46]
Joseph F. Harkins, as Director of the Kansas Water Office, the
State of Kansas, and the Kansas Water Office (Case No.
84-CV-1212). The district court consolidated the two actions.
Summary judgment was granted in favor of plaintiffs with the
court holding the statutes involved were unconstitutional (K.S.A.
74-2614 and 74-2614a) and directing that plaintiffs be reinstated
with back pay. Defendants appeal from said determination and
plaintiffs cross-appeal from the district court's denial of their
request for attorney fees.