TOPEKA, Kan. -- In December, the board of directors of the Kansas Association of Counties voted to file a mandamus action before the Supreme Court of Kansas in response to the governor's action stopping the payment of the remaining demand transfers to cities and counties for FY 2003.

The board's actions followed the passage of resolutions by 79 boards of county commissions requesting to be a named party in such a lawsuit.

The Kansas Association of Counties is asking the state supreme court to clarify the nature and extent of the governor's authority concerning demand transfers to units of local government. The KAC said it believes the governor exceeded his authority in his cuts and that it is necessary to file this mandamus action to seek clarification.

Otherwise, the board said, Kansas counties will risk the ability to plan budgets without the knowledge of what actions the governor can and can't take. Just as the state has a responsibility to its citizens to act in a responsible manner, counties have a responsibility for basic, vital services, the board said, and planning without knowing the legal parameters is difficult at best.

The board's decision to file such a legal action was a difficult one, officials said. Counties are partners with the state and other units of government in providing essential services to residents of Kansas.

However, an effective partnership requires a clear delineation and mutual understanding of authority and responsibility, officials said, and, for this reason, the Kansas Association of Counties decided to seek clarification through the judicial system. -- The Kansas Association of Counties