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Attorney General Opinion No 1981 109
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Book Synopsis Attorney General Opinion No. 1981-109 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-109 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: On and after July 1, 1981, if a member of a board of education abstains from voting on an issue without having previously announced a conflict of interest with regard to the issue, said board member shall be counted as having voted against the motion or resolution. Cited herein: K.S.A. 72-8205, as amended by 1981 H.B. 2474, section 1; K.S.A. 72-8230.
Book Synopsis Attorney General Opinion No. 1981-218 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-218 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While K.S.A. 80-112 does not require an election to approve the sale of certain township property by townships located in certain counties, unless the criteria of that statute are met the sale of township property must be accomplished in accordance with K.S.A. 80-109, which requires that such sale be approved by the township's electors. Cited herein: K.S.A. 25-2502, 80-109, 80-110, 80-112.
Book Synopsis Attorney General Opinion No. 1981-190 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-190 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no legal basis for a county sheriff to receive any remuneration in connection with providing meals for county prisoners over and above the actual and reasonable expenditures made by the sheriff in providing such meals. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-212, 19-229, 19-811, 19-1903, 19-1910 (as amended by L. 1981, ch. 350, section 1),19-1917, 19-1930 (as amended by L. 1981, ch. 350, section 2), and 28-109.
Book Synopsis Attorney General Opinion No. 1981-155 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-155 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The office of county attorney and city attorney are not incompatible as a matter of law. However, should a situation develop where an attorney holding both offices is confronted by a conflict of interest in representing both municipalities, such offices would be incompatible, and the attorney would be precluded as a matter of law from serving simultaneously in both positions. Attorney General Opinion No. 79-25 is affirmed. A currently serving city attorney is entitled, in the absence of constitutional or statutory provisions to the contrary, to hold over indefinitely until his successor is chosen and has qualified. Pursuant to K.S.A. 15-204, which statute requires the consent of the city council for the appointment of a city attorney in a city of the third class, the conferring or withholding of consent by the council is a discretionary act, and a council member need not state a reason for withholding his or her consent to appointments made by the mayor. Although the wisdom or prudence of any failure to confirm a mayoral appointment is not likely to be "second-guessed" by Kansas courts, an extended pattern of unreasonable rejections of mayoral appointments might constitute bad faith on the part of council members and be grounds for ouster proceedings. Attorney General Opinion No. 79-109 is affirmed. Cited herein: K.S.A. 15-204.
Book Synopsis Attorney General Opinion No. 1981-164 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-164 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.
Book Synopsis Attorney General Opinion No. 1981-044 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-044 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.
Book Synopsis Attorney General Opinion No. 1981-250 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-250 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 58-207, a person who provides feed to livestock has a lien upon such livestock to the extent of the value given, but only if such person remains in actual possession of the animals. A merchant who sells feed to a livestock producer on open account has no such statutory lien, and has the status of an unsecured creditor until such time as the merchant perfects a security interest under the provisions of Article 9 of the Kansas Uniform Commercial Code, K.S.A. 84a-9-101 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 58-201, 58-203, 58-207, 58-208, 58-218, 58-220, 84-9-109, K.S.A. 1980 Supp. 84-9-301, K.S.A. 84-9-310, K.S.A. 1980 Supp. 84-9-312, 84-9-401, 84-9-402.
Book Synopsis Attorney General Opinion No. 1981-106 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-106 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of the Kansas Open Meetings Law preclude the election of the acting president of the City Council of Merriam by secret ballot. Cited herein: K.S.A. 1980 Supp. 75-4318.
Book Synopsis Attorney General Opinion No. 1981-045 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-045 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: There are no statutory obstacles to an election commissioner also holding the office of mayor of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude such simultaneous incumbencies.
Book Synopsis Attorney General Opinion No. 1981-216 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-216 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike Kansas cities and counties which exercise constitutional or statutory "home rule" powers, school districts are creatures of statute and, as such, enjoy only those powers expressly conferred, by law, together with those implied powers which are necessary for the effective exercise and discharge of the powers and duties expressly conferred. No statutory authority exists, either expressly conferred or necessarily implied, authorizing the expenditure of school districts funds to contribute to a lobbying effort on a proposed state-wide severance tax. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-101c, 72-1612, 72-1623, 72-5326, 72-8205, Kan. Const., Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1981-176 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-176 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The common law doctrine of incompatibility of offices precludes a school board member from simultaneously holding the office of county commissioner or the office of mayor of a third class city with a mayor-council form of government. Cited herein: K.S.A. 13-2002, 14-301, 14-1402 and 15-301.
Book Synopsis Attorney General Opinion No. 1981-260 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-260 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of K.S.A. 1980 Supp. 22-4504 (as amended by L. 1981, ch. 157, sec. 1), the board of supervisors of panels to aid indigent defendants is empowered to adopt rules and regulations concerning the ability of a defendant in a criminal action to retain counsel to assist in his defense. Such rules and regulations specifically relate to the income, assets and anticipated costs of representation of a defendant. Pursuant to the 1981 amendment, such rules and regulations are controlling on any determination by a judge or magistrate as to whether a defendant is financially unable to employ counsel. Moreover, these rules and regulations are adopted in accordance with K.S.A. 77-415 e̲t̲ s̲e̲q̲., thus allowing the legislature to modify or reject them through the adoption of a concurrent resolution (K.S.A. 1980 Supp. 77-426). Insofar as the making of indigency determinations involves the resolution of questions of fact, which is a judicial and not a legislative function, control by the legislature over such determinations is an impermissible interference with the authority of another department of government. Accordingly, those provisions of L. 1981, ch. 157 which require the submission of such rules and regulations to the legislature and which make any rules and regulations so adopted binding on district courts are unconstitutional as violative of the separation of powers doctrine. Cited herein: K.S.A. 1980 Supp. 22-4501, 22-4504 (as amended by L. 1981, ch. 157, section 1), 22-4507, K.S.A. 22-4512, K.S.A. 1980 Supp. 22-4514, 77-415 (as amended by L. 1981, ch. 157, section 3), Kansas Constitution, Article 3, Section 1, United States Bill of Rights, Sixth Amendment, Fourteenth Amendment.
Book Synopsis Attorney General Opinion No. 1981-222 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-222 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: For criminal conduct which the State has declared to constitute a felony, municipalities may not exercise concurrent jurisdiction by redefining such offense as a misdemeanor in violation of municipal ordinance. Cited herein: K.S.A. 21-3707, 21-3102, 21-3108, K.S.A. 1980 Supp. 12-4104, 22-2601.
Book Synopsis Attorney General Opinion No. 1981-283 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-283 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: L. 1981, Ch. 156 section 2(g) does not require that an inmate convicted of a class A, B or C felony by reason of aiding, Abetting, advising or counseling another to commit a crime, or by reason of the principle provided for in subsection (2) of K.S.A. 21-3205, serve one-half of the minimum term of imprisonment imposed by the court. Rather, the law requires that the inmate serve one-half of the term of imprisonment which would be required had not the aiding, abetting, etc. come into play. Thus, on a class A felony conviction, parole eligibility would occur after seven and one-half years of confinement and on a class B or C felony conviction, parole eligibility would occur after service of one-half of the minimum sentence imposed less good time credits available. Cited herein: L. 1981, Ch. 156.
Book Synopsis Attorney General Opinion No. 1981-107 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-107 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city councilman and municipal judge in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 15-204, 15-209.
Book Synopsis Attorney General Opinion No. 1981-191 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-191 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A municipal ordinance which increases rates for electricity furnished by a municipal utility may not be applied retroactively, since such action violates federal and state constitutional prohibitions against laws impairing the obligation of contract. Cited herein: K.S.A. 12-3007.
Book Synopsis Attorney General Opinion No. 1981-021 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-021 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: There are no statutory obstacles to a member of the board of education of a unified school district simultaneously holding either of the offices of county attorney or municipal judge of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude either of such simultaneous incumbencies. Cited herein: K.S.A. 19-702, 19-704, 19-705.
