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Attorney General Opinion No 1981 087
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Book Synopsis Attorney General Opinion No. 1981-087 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-087 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: Charitable immunity, in contrast to governmental immunity, did not exist in the common law prior to the enactment of the Kansas. Constitution. As a result, a legislative grant of immunity to charitable organizations from suits arising out of the negligence of the organization in distributing free food would violate Section 18 of the Kansas Bill of Rights, which guarantees all persons who suffer injury a remedy by due course of law. Attorney General Opinion No. 80-187 is affirmed. Cited herein: K.S.A. 48-915, 48-936, 65-1127, 65-1462, 65-1652, 65-2891, 65-2898, Section 18, Kansas Bill of Rights.
Book Synopsis Attorney General Opinion No. 1982-087 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-087 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: The act which originally created township zoning boards, L. 1939, ch. 164, was nonuniform in its application due to language contained in section 1 (now K.S.A. 19-2901). By virtue of amendments in 1981 (L. 1981, ch. 122), the nonuniform language was removed, leaving K.S.A. 19-2901 through 19-2910 and 19-2912 and 19-2913 uniform in their application and thus not subject to the home rule power of a county under K.S.A. 19-101a e̲t̲ s̲e̲q̲. While K.S.A. 19-2911 does contain a subsection which is nonuniform, the nonuniformity is a result of a legislative act which did not amend the remaining sections of K.S.A. 19-2901 e̲t̲ s̲e̲q̲. Thus, the nonuniformity of K.S.A. 29-2911 does not affect the uniform applicability of these other sections. Furthermore, as the nonuniform language was part of an act affecting central business district redevelopment bonds, K.S.A. 19-101a(a), E̲l̲e̲v̲e̲n̲t̲h̲, acts to prevent a county from exempting itself from even this single statute. Cited herein: K.S.A. 1981 Supp. 12-1774, K.S.A. 19-101a, 19-101b, 19-2901, 19-2911, L. 1979, ch. 52, section 121, L. 1980, ch. 91, L. 1981, ch. 122, section 1.
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. 1981-071 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.
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. 1981-081 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.
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. 1981-044 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. 1981-106 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. 1981-095 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-095 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 waiver by the city council of construction-related fees due a city from a church constitutes a gift of public funds for a private purpose and is, therefore, improper.
Book Synopsis Attorney General Opinion No. 1981-050 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-050 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: An attorney who has been appointed to any board, commission or authority of a city is a "public officer" under K.S.A. 12-1601, and is therefore precluded from representing a client in any litigation or controversy in which the city is interested, either directly or indirectly. This preclusion extends to even those matters which do not involve the particular body to which the individual has been appointed, but does not include other members of a law firm of which he or she may be a part. Cited herein: K.S.A. 12-1601, 12-1602.
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. 1981-021 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.
Book Synopsis Attorney General Opinion No. 1981-136 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-136 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 express prohibition in K.S.A. 1980 Supp. 19-205 precludes one person from simultaneously holding the offices of county commissioner and city clerk. Cited herein: K.S.A. 10-803, K.S.A. 12-3003, and K.S.A. 1980 Supp. 19-205.
Book Synopsis Attorney General Opinion No. 1981-264 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-264 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: Prearranged gatherings of a majority of a quorum of a city governing body with local special interest groups may constitute meetings subject to the Kansas Open Meetings Act when the purpose of the gathering is the discussion of issues of concern to the governing body. Cited herein: K.S.A. 75-4317, 75-4317a, K.S.A. 1980 Supp. 75-4318, L. 1981, Ch. 344.
Book Synopsis Attorney General Opinion No. 1981-022 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-022 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: Although written requests for notice of government meetings are preferred and the absence of a written request makes prosecution under the Kansas Open Meetings Act nearly impossible, oral requests for notice are to be honored. In addition, meetings for the discussion of personnel matters of non-elected personnel may be held in executive session, but only after the notice requirements and procedures for recessing into closed sessions have been followed. Cited herein: K.S.A. 75-4317, 75-4317a, K.S.A. 1980 Supp. 75-4318, K.S.A. 75-4319, 75-4320.
