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Attorney General Opinion No 1985 126
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Book Synopsis Attorney General Opinion No. 1985-126 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-126 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. 12-3002, an abstention should not be recorded and counted as acquiescence in the will of the majority voting on an ordinance. Thus, where the vote on a proposed ordinance by a 6 member council is 3 members in favor and two members against, with one member abstaining, and the mayor does not exercise the power to cast a deciding vote in favor of the ordinance, the ordinance fails. Cited herein: K.S.A. 12-3002, 14-111.
Book Synopsis Attorney General Opinion No. 1986-126 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-126 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: Because the 1986 repeal of the prohibition of diversion for drivers having a blood-alcohol concentration of .20 or higher is remedial legislation, it is to be given retrospective effect. In determining whether diversion is in the interests of justice and the community, the factors to be considered by the city prosecutor are not affected by L. 1986, ch. 185, section 1. Cited herein: K.S.A. 12-4414; K.S.A. 1985 Supp. 12-4415(b)(3), as amended by L. 1986, ch. 185, section 1.
Book Synopsis Attorney General Opinion No. 1977-126 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1977-126 written by Curt Thomas Schneider and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Any citizen, whether a resident of this state or of another state, is entitled to access to documents which are public records under K.S.A. 45-201.
Book Synopsis Attorney General Opinion No. 1985-063 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-063 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. 1984 Supp. 8-128(a) provides limits upon the locations in which an all-terrain vehicle [as defined by K.S.A. 1984 Supp. 8-126(bb)) may be operated. The statute contains a total prohibition on the operation of such vehicles on interstate, federal or state highways, and on other public highways, streets or roads at certain times without proper lighting. While the subsection also states that no such vehicle shall be operated within the limits of any first class city, this language should not be read as constituting a prohibition on the use of such vehicles on private property, given the general limitation of statutes in Chapter 8 to operation of vehicles on public roads and highways. However, if a city of the first class wished to enact an ordinance which is more restrictive of the use of all-terrain vehicles within the city limits, it would have the authority to do so under the home rule provisions of Article 12, Section 5 of the Kansas Constitution. Cited herein: K.S.A. 1984 Supp. 8-126, as amended by 1985 House Bill No. 2222; K.S.A. 8-127, as amended by 1985 Senate Bill No. 318; K.S.A. 1984 Supp. 8-128; K.S.A. 8-1102; Kan. Const., Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1985-062 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-062 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 K.S.A. 1985 Supp. 8-128(a), an all-terrain vehicle [as defined by K.S.A. 1984 Supp. 8-126(bb)], may be operated on the public streets of a city of the second class. If operated on such public streets between the hours of 1/2 hour after sunset and 1/2 hour before sunrise, an all-terrain vehicle must be equipped with lights of the type required by law for motorcycles. Additionally, unless it is used for agricultural purposes, such a vehicle must be registered pursuant to K.S.A. 8-127(a). Exclusive use on private property removes the need for lights and for registration. Cited herein: K.S.A. 1984 Supp. 8-126; K.S.A. 8-127; K.S.A. 1984 Supp. 8-128.
Book Synopsis Attorney General Opinion No. 1985-008 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-008 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 does not preclude one person from simultaneously holding the offices of deputy sheriff and mayor of a third class city having the mayor-council form of government. Cited herein: K.S.A. 15-301, 15-308, K.S.A. 1984 Supp. 19-805, K.S.A. 19-812, 19-813.
Book Synopsis Attorney General Opinion No. 1985-011 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-011 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 abandonment of the commission form of government by a city of the second class does not invalidate city ordinances adopted under that form of government. Cited herein: K.S.A. 14-1807.
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.
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. 1985-131 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-131 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 decision of the United States Supreme Court in R̲o̲e̲ ̲v̲.̲ ̲W̲a̲d̲e̲, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), permits a state to regulate or even prohibit abortion after the stage of viability, except where it is necessary, in appropriate medical judgment, to preserve the life or health of the mother. Such regulations must be narrowly tailored to fit the precise state interest at stake. As a result, attempts to specify a particular time during a pregnancy when viability occurs or to interfere with the judgment of the attending physician have been struck down as unconstitutional, although general prohibitions on post-viability abortions have been upheld. Cited herein: U.S. Const., Fourteenth Amend.
Book Synopsis Attorney General Opinion No. 1993-126 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-126 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city is only required to make available to the public those records that it makes, maintains, keeps or possesses. A city is not required to prepare a report or conduct an investigation in response to a request for information. A city may charge reasonable fees for providing access to or furnishing copies of public records pursuant to K.S.A. 45-219. Cited herein: K.S.A. 45-216; K.S.A. 1992 Supp. 45-217; K.S.A. 45-219; K.S.A. 45-220.
Book Synopsis Attorney General Opinion No. 1985-045 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-045 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: No fee is authorized and no fee should be charged by a register of deeds when filing a judgment pursuant to K.S.A. 60-2201(b). Cited herein: K.S.A. 1984 Supp. 28-115; K.S.A. 60-2201.
Book Synopsis Attorney General Opinion No. 1985-127 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-127 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. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16) and K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), a county attorney or city attorney is not prohibited from entering into a diversion agreement in lieu of further criminal proceedings if a defendant (charged with an alcohol related offense) has been convicted of or pleaded n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to a violation of an alcohol related offense in a state other than Kansas. However, a previous conviction in another state must be considered in determining whether diversion of a defendant is in the interest of justice. Cited herein: K.S.A. 1984 Supp. 8-1567 (as amended by L. 1985, ch. 50, section 5), K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16); L. 1983, ch. 37, section 2.
Book Synopsis Attorney General Opinion No. 1985-020 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-020 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. 1984 Supp. 25-2108a(b) prescribes the conditions under which a city utilizing non-partisan elections must hold a primary election. The statute on its face is uniformly applicable to all cities, and is contained in an act (L. 1982, ch. 157) which is also uniform. K.S.A. 25-2113, which is contained in a different act, sets forth a general rule for non-partisan city elections, but also contains a provision for partisan city elections in Johnson County. The inclusion of this provision renders K.S.A. 25-2113 non-uniform, and thereby subject to a charter ordinance under a city's home rule authority. However, in the absence of such an ordinance which would allow partisan elections, the general provisions of K.S.A. 1984 Supp. 25-2108a concerning primary elections continue to apply. To the extent it is inconsistent with this opinion, Attorney General Opinion No. 78-49 is superseded. Cited herein: K.S.A. 1984 Supp. 25-2108a, K.S.A. 25-2113, Kan. Const. Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1985-024 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-024 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: In a city of the second class with the commission manager form of government which is governed by K.S.A. 14-1305, a person appointed to fill a vacancy in the office of commissioner holds office only until the "next city election," at which time someone shall be elected to fill the unexpired term if any portion of the term remains. Under Kansas case law, "next city election" is the next ensuing election at which city officers are elected. This conclusion is not altered even though a vacancy occurs after the filing deadline for a candidates seeking city office. The unexpired term should appear on the ballot of the next ensuing city election regardless of the fact no one was able to file as a candidate for the office according to the regular procedures governing the conduct of city elections. Cited herein: K.S.A. 12-1006; 12-1017; 12-1020; 14-1305; K.S.A. 1984 Supp. 25-2101; K.S.A. 25-2102; 25-2103; K.S.A. 1984 Supp. 25-2108a; 25-2110; K.S.A. 25-2118; R.S. 19-203 (1923).
Book Synopsis Attorney General Opinion No. 1985-176 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-176 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. 12-4109 requires each city to provide a suitable courtroom for the municipal court, and states that the court shall be held at such time and places designated by city ordinance. Nothing in the statute, or in the Code of Procedure for Municipal Courts of which it is a part, prohibits a city from designating a location outside the city limits as the site of the municipal court. However, if appearing at a designated site imposes a burden on defendants which is unreasonable, such action of a city may be found to be a violation of due process under the United States Constitution. Given the location of the City of Eastborough and the lack of any suitable courtroom facility within the city limits, the designation of a courtroom in the Sedgwick County Courthouse is not unreasonable. Cited herein: K.S.A. 12-4109; Kan. Const., Art. 12, section 5; U.S. Const., Fourteenth Amendment.
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.
