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Attorney General Opinion No 1985 176
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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. 1986-176 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-176 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: The annual meeting of the State Board of Agriculture (Board) and the caucus meetings held by the agricultural districts are public bodies subject to the provisions of the Kansas Open Meetings Act (KOMA). Under the open meetings law, no binding action can be taken by secret ballot. The purpose of this provision is to make public every official's vote on the public's business. A "secret ballot," then, is one in which the voter's choice or decision is not known. The procedure which has been followed in electing members of the Board violates the KOMA as the public has no way to determine how each delegate voted. Delegates may, however, vote by paper ballot if each delegate signs his or her name to the ballot and the ballots are open for public inspection. Cited herein: K.S.A. 25-2422; 25-2901; 25-3008; 74-502; 74-503; 75-4317; K.S.A. 1985 Supp. 75-4318.
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. 1985-031 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. 1982-176 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-176 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: A public body subject to the Kansas Open Meetings Act may not permit individuals or special interest groups, including members of the news media, to attend executive sessions as mere observers while excluding the public generally. Individuals may attend executive sessions of government bodies subject to the Act upon invitation where such persons are present to provide information to the body or participate in its deliberations, but may not attend merely as observers. Cited herein: K.S.A. 75-4317, K.S.A. 1981 Supp. 75-4318, 75-4319, 75-4320a.
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. 1985-131 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. 1979-176 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1979-176 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of K.S.A. 1978 Supp. 60-2310(d) (as amended by L. 1979, ch. 183, section 5) do not preclude the use of wage garnishment in connection with a debt which has been placed with, but not sold or assigned to, a debt collector or collection agency, irrespective of the time such debt was incurred, the time it was placed for collection or the time such debt was reduced to judgment.
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. 1985-140 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. 1985-020 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. 1985-133 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-133 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 cases in which a defendant is charged with violating the "p̲e̲r̲ s̲e̲" provision of the statute prohibiting driving under the influence of alcohol [K.S.A. 1984 Supp. 8-1567, as amended by L. 1985, Ch. 48, section 9], evidence regarding the validity of the blood alcohol test is relevant and admissible. Cited herein: K.S.A. 8-1567 as amended by L. 1985, Ch., 48, section 9; K.S.A. 60-407(f).
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. 1985-174 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-174 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 previously noted in Attorney General Opinion No. 85-110, a concurrent resolution containing a constitutional amendment adopted by the legislature during the 1985 session may be amended during the 1986 session prior to being submitted to the voters in November, 1986. At present, Chapter 360 of the Laws of 1985 provides for the submission to the voters of an amendment to Article 15, Section 10, which would allow liquor by the drink under certain circumstances. The amendment must be approved by a majority of the voters of the entire state in order to be adopted and a majority of the voters in a particular county before becoming effective in that county. Such a "dual purpose" is clearly disclosed in the explanatory statement which is to be printed on the ballot with the proposed amendment. Further, since the Kansas Constitution limits, rather than confers, power, the people of the state may amend the constitution in any manner they deem appropriate, subject only to the limits of the United States Constitution. Cited herein: K.S.A. 41-301; L. 1985, Chs. 360, 364; Kan. Const., Art. 14, section 1; Art. 15, section 10; Kan. Bill of Rights, sections 2, 20.
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. 1985-051 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-051 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 community college may offer courses related to law enforcement which would satisfy the annual training requirement imposed on law enforcement officers by K.S.A. 1984 Supp. 74-5607a(b). Cited herein: K.S.A. 1984 Supp. 74-5604a; 74-5607a.
Book Synopsis Attorney General Opinion No. 1985-014 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-014 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 United States government has exclusive jurisdiction over crimes committed on Fort Leavenworth property, which may be exercised in investigating child abuse pursuant to 18 U.S.C. section 13. Local governmental officials may enter into an agreement with it authorizing concurrent jurisdiction in matters of police protection. Cited herein: K.S.A. 12-2904; 27-101; 27-102; 27-104; 18 U.S.C. section 13.
