Attorney General Opinion No 1981 155

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Attorney General Opinion No. 1981-155

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (87 download)

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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.

Attorney General Opinion No. 1982-155

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (865 download)

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Book Synopsis Attorney General Opinion No. 1982-155 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-155 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1981 Supp. 8-1567, as amended by 1982 Senate Bill No. 699, establishes stricter Penalties for those persons who are convicted a second, third or subsequent time for driving a vehicle under the influence of alcohol. The new penalties can involve maximum imprisonment of up to one year and fines of up to $2,500, both of which are beyond the penalties which may be imposed without a right to a jury trial being afforded to a defendant. As trials for violations of municipal ordinances are to the court, a potential conflict is created. However, as the legislature has authorized cities to adopt lesser maximum penalties than those of the statute, this problem may be avoided by a city when it drafts an ordinance on this subject. Furthermore, even if the maximum penalties of the statute are adopted by a city, a defendant's right to a d̲e̲ n̲o̲v̲o̲ trial before a jury at the district court level sufficiently protects the constitutional right to trial by jury.

Attorney General Opinion No. 1981-118

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-118 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-118 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: K.S.A. 1980 Supp. 31-134(b) provides that the rules and regulations adopted by the state fire marshal shall be of uniform force and effect throughout the state. Pursuant to this statute, K.A.R. 1980 Supp. 22-3-1 adopts by reference the 1976 edition of the Life Safety Code, containing sections which regulate structures having combined mercantile and residential occupancies. For the purposes of enforcement, K.S.A. 1980 Supp. 31-139 gives the state fire marshal and those persons designated by K.S.A. 1980 Supp. 31-137, the authority to inspect buildings subject to the code. If admittance to a building subject to the Code is denied, a search warrant, which may be issued ex parte, must be obtained prior to entry. Cited herein: K.S.A. 1980 Supp. 31-133, 31-134, 31-137, 31-139, K.A.R. 1980 Supp. 22-3-1, U.S. Const., Amend. IV.

Attorney General Opinion No. 1981-164

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (87 download)

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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.

Attorney General Opinion No. 1981-093

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-093 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-093 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 Board of Public Utilities is the proper governing body of board employees for purposes of the Public Employer-Employee Relations Act. The protected activity provisions of K.S.A. 75-4333 do not apply to public employers that have not elected to be subject to the provisions of the Act. Election by a county commission to bring county employees under the protections granted by the Act does not work to grant employees of a fire district within the county such protections. Cited herein: K.S.A. 1980 Supp. 13-1223, 13-1320, K.S.A. 75-4321, 75-4322 and 75-4333.

Attorney General Opinion No. 1981-027

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (868 download)

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Book Synopsis Attorney General Opinion No. 1981-027 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-027 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: To be consistent with requirements of the United States Constitution, the provisions of K.S.A. 72-5393 can, and must, be construed as neither requiring nor authorizing the provision of therapeutic psychological and speech and hearing services, at public expense and by public employees, on parochial school premises. Instead, said provisions must be construed as requiring that such services be provided at the "truly religiously neutral locations" specified in the statute, i.̲e̲.̲, in the public schools of the school district, in public centers, or in mobile units located off the parochial school premises. Cited herein: K.S.A. 72-5392, 73-5393, U.S. Const., Amend. I, XIV.

Attorney General Opinion No. 1981-003

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (868 download)

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Book Synopsis Attorney General Opinion No. 1981-003 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-003 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: K.S.A. 1979 Supp. 38-717 imposes a duty on specified classes of persons involved in medical or health-related professions to report suspected cases of physical or mental abuse or neglect which involve children under the age of 18 whom they have examined, attended or treated. The statutory duty would not be imposed in the case where information regarding the suspected abuse was obtained from an indirect source (i.̲e̲.̲ a parent or other individual), although the statute does make reporting in such situations discretionary. However, a failure to act, even in situations made discretionary by statute, could create the potential for liability in tort should further injury result. Cited herein: K.S.A. 1979 Supp. 38-716, 38-717.

Attorney General Opinion No. 1981-045

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (868 download)

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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.

Attorney General Opinion No. 1981-055

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (868 download)

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Book Synopsis Attorney General Opinion No. 1981-055 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-055 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: In light of well-established rules of statutory construction, the literal import of the provisions of subsection (k) of K.S.A. 66-1,109 must be disregarded to some extent, and that subsection must be interpreted as providing an exemption from the state corporation commission's regulation to those persons who operate the multi-passenger motor vehicles specified therein. Furthermore, that subsection's exclusion of certain "individuals" from such exemption applies only to natural persons and does not apply to corporations, partnerships, associations or other artificial persons. Cited herein: K.S.A. 66-1,108, 66-1,109, 66-1,111, 66-1,146.

Attorney General Opinion No. 1981-044

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (868 download)

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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.

Attorney General Opinion No. 1981-110

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-110 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-110 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 no statute exists exempting firemen, whether regular or volunteer, from jury duty, a court may, in its discretion, excuse persons holding either position from such service, pursuant to K.S.A. 43-159, as they are persons whose presence elsewhere could be required for the public safety and welfare. Cited herein: K.S.A. 43-159, 48-211, 48-512.

Attorney General Opinion No. 1981-071

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-071 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-071 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 county election officer has no authority to determine the sufficiency of the question stated in the petition for elections but such officer may find a petition insufficient for failure to include an individual date line for each petitioner signing. Cited herein: K.S.A. 25-3601, K.S.A. 1980 Supp. 25-3602, Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1981-260

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (87 download)

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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.

Attorney General Opinion No. 1981-271

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (871 download)

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Book Synopsis Attorney General Opinion No. 1981-271 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-271 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. 41-712 and 41-2704, all licensed retail liquor and cereal malt beverage establishments are prohibited from selling alcoholic liquor or cereal malt beverages, respectively, on the day of any national, state, county or city election during the hours the polls are open. However, these statutes do not prohibit such sales on the day of a presidential preference primary election, question submitted election or school district election when any such election is not held on the day of a national, state, county or city election. (Affirming Attorney General Opinion No. 74-155, and withdrawing the letter opinion published at VII O̲p̲.̲ A̲t̲t̲'̲y̲ G̲e̲n̲.̲ 657.) For the purposes of K.S.A. 41-712 and 41-2704, the term "political area" means that geographic territory over which the governing body to which officials seek election exercises jurisdictional authority. Cited herein: K.S.A. 25-2009, 25-2502, K.S.A. 1980 Supp. 25-2503, K.S.A. 41-712, 41-902, 41-2704, 41-2711.

Attorney General Opinion No. 1981-081

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-081 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-081 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: K.S.A. 19-723, which authorizes the board of county commissioners to employ an additional attorney to assist the county attorney, involves a discretionary power held by the board and does not mandate such special assistant be employed. Cited herein: K.S.A. 19-723, G.S. 1949, 19-718.

Attorney General Opinion No. 1981-106

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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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.

Attorney General Opinion No. 1981-014

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (868 download)

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Book Synopsis Attorney General Opinion No. 1981-014 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-014 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: Where there is no federal legislation preempting a state's interest in exercising jurisdiction over juveniles residing within federal enclaves, the jurisdiction of a state district court does extend to hear and adjudicate proceedings pursuant to the juvenile code, with respect to neglected, wayward or abused children, concerning incidents occurring on the Fort Riley Military Reservation. Cited herein: K.S.A. 27-101, 27-102, 27-105, K.S.A. 1980 Supp. 38-806, U.S. Const. Art. I, section 8, cl. 17.