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Attorney General Opinion No 1985 075
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Book Synopsis Attorney General Opinion No. 1985-075 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-075 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of the decision in G̲a̲r̲c̲i̲a̲ ̲v̲̲.̲ ̲S̲a̲n̲ ̲A̲n̲̲t̲o̲n̲i̲o̲ ̲M̲e̲t̲r̲o̲p̲o̲l̲i̲t̲a̲n̲ ̲T̲r̲a̲n̲s̲i̲t̲ ̲A̲u̲t̲h̲o̲r̲i̲t̲y̲, the Dickinson County sheriff's department is subject to the federal Fair Labor Standards Act. Department employees who meet the qualifications of 29 C.F.R. section 553.4 are entitled to the exemption from overtime in 29 U.S.C.A. section 207(k) if the employer so elects. As the department has more than four employees who are law enforcement officers, it is therefore not eligible for the exemption in 29 U.S.C.A. section 213(b)(20). Law enforcement employees who are subject to section 7(k) may work a maximum of 171 hours in a 28 day pay period. Following April 15, 1985, overtime is required to be paid to such employees for any hours over this amount. Cited herein: 29 U.S.C.A. sections 201, 203, 206, 207, 213, 216, 217; K.S.A. 19-803, 44-1203, 44-1204; 29 C.F.R. sections 516, 531, 541, 553, 778, 785; U.S. Supreme Court Rule 51, 52.
Book Synopsis Attorney General Opinion No. 1985-140 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-140 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of K.S.A. 75-6116 (as amended by L. 1985, ch. 293, 11), the obligation of a city to pay attorneys fees incurred by a city officer in defending a civil rights action is subject to the conditions and limitations prescribed by K.S.A. 75-6108. Those conditions include the filing of a written request (within 15 days after service of process upon the employee) that the city provide for the defense of the employee. K.S.A. 75-6108(d) and (e). Where no such request is filed, a city is not liable for attorneys fees incurred by the employee; however, the city governing body may, in its discretion, pay attorneys fees notwithstanding the failure to file a written request. Cited herein: K.S.A. 75-6102, 75-6108; 75-6116; L. 1985, ch. 293, section 1.
Book Synopsis Attorney General Opinion No. 1985-141 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-141 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 75-4304(a) prohibits public officers (which includes city council members) from making or participating in the making of contracts in which they have a substantial interest, but would not preclude a council member from voting on a motion concerning the payment of attorneys fees incurred by the council member in a civil action. However, under common law conflict of interest principles recognized in this state, a city council member is disqualified from making or voting on such a motion. Cited herein: K.S.A. 75-4301; 75-4304.
Book Synopsis Attorney General Opinion No. 1985-128 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-128 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to Executive Reorganization Order No. 15 (L. 1977, ch. 283), the powers, duties, functions and property of the Crippled Children's Commission were transferred to the secretary of health and environment. Such transfer included any moneys which had been received by the commission from private individuals in the form of gifts or bequests. These moneys are now contained in a special bequest fund, with expenditures made by the secretary of health and environment subject to the approval of the advisory commission for crippled and chronically ill children. The corpus of any private bequest may be invested by the state treasurer pursuant to K.S.A. 75-4201 e̲t̲ s̲e̲q̲., with any interest credited to the special bequest fund, and not to the general fund of the state (K.S.A. 75-4210a). Cited herein: K.S.A. 75-4201; 75-4210a; 75-4213; 75-5637; 75-5644; L. 1977, ch. 283.
Book Synopsis Attorney General Opinion No. 1985-175 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-175 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Electric cooperatives organized pursuant to K.S.A. 17-4601 e̲t̲ s̲e̲q̲., are non-profit corporations formed for the purpose of supplying electric energy to their members and promoting and extending the use of such energy. They are private business corporations which are owned and controlled by the members who receive their services. Such cooperatives are not legislative or administrative bodies or agencies of the state or its political and taxing subdivisions, and do not receive or expend public funds. Accordingly, they are not subject to the requirements of the Kansas Open Meetings Act. Cited herein: K.S.A. 17-4602; 17-4606; 17-4608; 17-4609; 17-4610; 17-4612; 17-4613; 17-4614; K.S.A. 75-4317; 75-4318, as amended by L. 1985, Ch. 284.
Book Synopsis Attorney General Opinion No. 1985-098 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-098 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The power of a state agency to contract with private industry must be conferred upon that agency by statute. Under current Kansas statutes the Employment Security Systems Institute lacks authority to contract with and provide training to persons in private industry in data processing and related areas. Cited herein: K.S.A. 75-3711a.
Book Synopsis Attorney General Opinion No. 1986-075 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-075 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1985 Supp. 79-1475 provides that "escaped taxes" on personal property are to be collected in the same manner as prescribed by law for the collection of other taxes levied on property. K.S.A. 79-1804 and 79-2004a set forth the schedule for collection of personal property taxes. Acccrdingly, escaped taxes on personal property are due on November 1 of the year in which they were placed on the tax roles (unless they are so placed in November or December, in which case they are due in November of the following year) and the taxpayer must pay those taxes according to the time schedule provided in K.S.A. 79-2004a. Cited herein: K.S.A. 1985 Supp. 79-1427a; 79-1475; K.S.A. 79-1803; 79- 1804; 79-2001; 79-2004a; K.S.A. 1985 Supp. 79-1017.
Book Synopsis Attorney General Opinion No. 1985-078 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-078 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 75-5353 prohibits a person from engaging in the private practice of social work [as that term is defined by K.A.R. 1984 Supp. 102-2-1(b)] unless he or she is a licensed master social worker and has had two years experience. As adoption assessments under K.S.A. 59-2278(c) as amended are to be performed by a "licensed" social worker, such assessments could be made either by a social worker in private practice under K.S.A. 75-5353, or by a social worker employed by the court or another employer. If the latter situation exists, the social worker is not self-employed and does not have to meet the requirements of K.S.A. 75-5353. Cited herein: K.S.A. 59-2278, as amended by 1985 Senate Bill No. 69; 75-5347; 75-5351; 75-5353; K.A.R. 1984 Supp. 102-2-1.
Book Synopsis Attorney General Opinion No. 1985-169 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-169 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A determination whether a member of a community college's board of trustees has a conflict of interest because of his or her affiliation with a business should be based on the general conflict of interest statutes, K.S.A. 75-4301 e̲t̲ s̲e̲q̲. Where those statutes are inapplicable, the determination of a conflict of interest should be based on common law principles. Cited herein: K.S.A. 75-4301; 75-4304.
Book Synopsis Attorney General Opinion No. 1986-162 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-162 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 75-4319(b)(2) authorizes public bodies subject to the Kansas Open Meetings Act (KOMA) to recess into an executive session for the purpose of "consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship ..." The term "consultation" as used in the KOMA necessarily implies the presence of an attorney. Even though a letter from an attorney to his client containing advice is a privileged communication, we must conclude that members of a public body cannot recess into an executive session to review and discuss among themselves a letter from their attorney. Therefore, it is our opinion that the "consultation with an attorney" exception to the open meetings law cannot be invoked unless the attorney for the body is present. Cited herein: K.S.A. 60-426; 75-4317; K.S.A. 1985 Supp. 75-4318(a); K.S.A. 75-4319.
Book Synopsis Attorney General Opinion No. 1986-133 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-133 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1985 Supp. 75-4318(b)(1) provides that if a request for notice of meetings subject to the Kansas Open Meetings Act (KOMA) is made by petition, notice is required to be given only to a designated person. We conclude that the request for notice submitted for our opinion constitutes a petition for purposes of the KOMA. Individual notice, therefore, is not required to be given to each person on the list. If individual requests for notice are made, however, notice must be given either in writing or by telephone to each person. We note that, if a public body has regularly scheduled meetings, the notice requirement is met by providing a single notice containing a list of such meetings. Additional notice must be given, however, of any changes or special meetings. Under the open meetings law a distinction is made between the requirements concerning notice and agenda. While notice must be f̲u̲r̲n̲i̲s̲h̲e̲d̲ to the person requesting it, K.S.A. 1985 Supp. 75-4318(b), an agenda must be m̲a̲d̲e̲ ̲a̲v̲a̲i̲l̲a̲b̲l̲e̲ to the requester if one is prepared, K.S.A. 1985 Supp. 75-4318(d). We affirm our previous opinion, No. 79-218, that a public body is not required to mail copies of an agenda if it can be obtained at a public place. Cited herein: K.S.A. 25-3601; 72-8801; 75-4317; K.S.A. 1985 Supp. 75-4318.
Book Synopsis Attorney General Opinion No. 1985-101 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-101 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Uniformed member of the Kansas Highway Patrol are not precluded from joining the Kansas Association of Public Employees by K.S.A. 75-4327(f)(2), because the association is not a "recognized employee organization" within the meaning of K.S.A. 75-4322(j). Cited herein: K.S.A. 75-4322, 75-4327.
Book Synopsis Attorney General Opinion No. 1985-123 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-123 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 75-1263 establishes the maximum fee which can be paid to a private architect who is retained to design capital improvement projects for the state. Pursuant to subsection (c), the architect shall be paid a fee not to exceed the fee prescribed by K.S.A. 75-1263(a)(1). If the state requires additional services from the architect which result in a claim for compensation beyond the maximum prescribed by statute, the architect may submit that claim to the Joint Committee on Special Claims pursuant to K.S.A. 46-907. Cited herein: K.S.A. 46-907; 75-1263.
Book Synopsis Attorney General Opinion No. 1985-072 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-072 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city may use moneys credited to a special liability expense fund to purchase tort liability insurance, but may not use such moneys to construct a "holding pond" on city property. While a city may reduce or eliminate the tax levy authorized by subsection (c) of K.S.A. 75-6110, it may not transfer tax moneys in the special liability expense fund to the general fund of the city. Cited herein: K.S.A. 75-6110, 75-6111, 79-5001, 79-5016; Kan. Const., Art. 11, section 5.
Book Synopsis Attorney General Opinion No. 1988-075 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-075 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A local government cannot be held liable for a violation of civil rights by its agents under 42 U.S.C. section 1983 on the basis of a respondeat superior theory. Local governments are liable only when execution of a government policy or custom inflicts the injury. Cited herein: K.S.A. 1987 Supp. 8-116a; 42 U.S.C. section 1983.
Book Synopsis Attorney General Opinion No. 1985-042 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-042 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to authority granted by Article 12, Section 5 of the Kansas Constitution, the governing body of a city may pay attorney's fees of a city official who is acquitted of criminal charges, provided the governing body finds that the criminal charges arose from the discharge of an official duty in which the city had an interest, and that the officer acted in good faith. Cited herein: K.S.A. 75-6108, 75-6116; Kan. Const., Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1985-031 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-031 written by Robert T. Stephan and published by . This book was released on 1985 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 council member and county clerk. Cited herein: K.S.A. 79-1965, 79-5004.
