Download or read book Attorney General Opinion No 1980 140 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though the president of the United States may have authority to delegate powers and duties to the governor, the president has no constitutional power to compel the governor's acceptance of such delegation. Moreover, under our constitutional form of government, the governor has no inherent power separate and apart from our state's constitution, and the authority of the governor must be derived from the specific grants of power to the governor in the constitution and in the laws duly enacted by the legislature thereunder. Thus, as respects powers and duties delegated to the governor by the president, the governor's ability to accept such delegation is dependent upon the existence of specific constitutional or statutory provisions providing such authority, or upon such authority as is to be reasonably and necessarily implied therefrom. Cited herein: Kan. Const., Art. 1, sections 3, 7; 15 U.S.C.A. sections 751 e̲t̲ s̲e̲q̲., 42 U.S.C.A. sections 8501 e̲t̲ s̲e̲q̲.

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.

Download or read book Attorney General Opinion No 1980 233 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to L. 1980, ch. 72, section 3, "personal liability" is imposed upon boards of public utilities and their employees in certain circumstances. Such imposition of "personal liability" does not violate constitutional requirements of equal protection and due process, and is not invalid or unenforceable on the ground of vagueness. Employees of a board of public utilities and board members are not entitled to be indemnified or defended against the personal liability imposed by L. 1980, ch. 72, section 3. Cited herein: K.S.A. 13-1220, K.S.A. 1979 Supp. 13-1221, 13-1223, 13-1227, 13-1228, 13-1258, K.S.A. 13-1271, K.S.A. 1979 Supp. 75-6101; L. 1980, ch. 72, sections 3, 7, 8, 14, 19, and 22; Kan. Const., Bill of Rights sections 1, 2; and U.S. Const., Fourteenth Amendment.

Download or read book Attorney General Opinion No 1983 140 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 80-410 provides that the treasurer of each Kansas township shall have the duty of publishing or causing to be published a financial statement of the township following the meeting of the township board in December of each year. As the statute requires the issuance of a "full and detailed statement, duly verified, of the receipts, expenditures and liabilities" of the township, a treasurer may not substitute a summary which shows totals for categories of expenditures rather than individual items. Cited heren: K.S.A. 19-228, 80-140, L. 1980, ch. 118, section 1.

Download or read book Attorney General Opinion No 1980 261 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of statutory or case law prohibition, marriages in which one party is represented by a proxy at the time of the ceremony are legal in Kansas. In addition to complying with general statutory requirements established by K.S.A. 23-101 e̲t̲ s̲e̲q̲., the party who is to be represented by a proxy at the ceremony must confer a power of attorney on the latter to act on his or her behalf. Cited herein: K.S.A. 23-104a, K.S.A. 1979 Supp. 23-106, 23-301, L. 1980, ch. 106, section 1.

Download or read book Attorney General Opinion No 1981 140 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: Employment by a county creates no vested right or property interest, and in the absence of any civil service system which requires that termination be for cause and only after a hearing, an employee may be discharged at any time. Accordingly, the passage by a county commission of an anti-nepotism resolution may affect existing employees as well as those hired subsequent to the date of the resolution. Cited herein: K.S.A. 13-2903, 14-537, K.S.A. 1980 Supp. 19-101a, K.S.A. 19-235, 19-302, 19-503, 19-706b, 19-805, 19-1202, 28-706, 74-605, L. 1921, Ch. 171, section 1.

Download or read book Attorney General Opinion No 1980 102 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Matters involving specific persons under K.S.A. 75-4319(b)(1) and (5) may be discussed in executive session so long as no binding action is taken. However, investigations and research projects affecting groups of persons generally but not specifically, are not the proper subjects of a closed meeting, unless discussion concerns a subject matter otherwise specifically permitted to be considered in closed or executive session by 75-4319(b). Cited herein: K.S.A. 1979 Supp. 74-7401, 74-7402,74-7403, K.S.A. 75-4317, K.S.A. 1979 Supp. 75-4318, K.S.A. 75-4319.

Download or read book Attorney General Opinion No 1980 165 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of K.S.A. 12-708, relating to protests against zoning amendments, are mandatory, and the City of Merriam must allow a full fourteen-day period for the filing of protests before taking any action upon a recommendation of the planning commission. Cited herein: K.S.A. 12-708.

Download or read book Attorney General Opinion No 1980 154 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Public defenders are employees within the meaning of K.S.A. 1979 Supp. 75-6102, in the performance of professional services to their clients and are therefore, within the provisions of the Kansas Tort Claims Act and entitled to the indemnities, defenses and immunities contained therein. Cited herein: K.S.A. 22-4512, K.S.A. 1979 Supp. 22-4517, 22-4517a, 40-3401, 75-6101, 75-6102, 75-6103, 75-6104, 75-6105, 75-6108, 75-6109, 75-6111, 75-6115, United States Const., Sixth Amend., 18 U.S.C.A. 3006A (Supp. 1979).

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.

Download or read book Attorney General Opinion No 1980 259 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Moneys received by the State of Kansas may be appropriated and expended for any public purpose authorized by federal law without violating the constitutional ban on state participation in works of internal improvement. A two-thirds vote of the legislature is not required for such appropriation or expenditure unless funds generated by the State of Kansas, through taxes or other means, are contributed to the project for which the federal funds are to be used. Cited herein: K.S.A. 75-2715,75-3734, K.S.A. 1979 Supp. 75-4201, Kan. Const., Art. 11, section 9.

Download or read book Attorney General Opinion No 1980 137 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Typewritten or handwritten words do not constitute a facsimile of a servicemark, and the submission of such with the application for registration does not comply with the statutory requirements of K.S.A. 81-113(d). Material changes of a mark by amendment are not allowed; thus a registrant is not permitted to amend the original mark with a new mark. The determination of whether a trademark application is sufficient to satisfy the statutory requirements prior to the registration of such mark vests only ministerial powers in the Secretary of State. Cited herein: K.S.A. 81-112, 81-113, 81-114, 81-118, 15 U.S.C.A. 1015 e̲t̲ s̲e̲q̲.

Download or read book Attorney General Opinion No 1980 194 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Attachment P to Circular A-102 of the U.S. Office of Management and Budget (OMB) effects a new federal policy respecting the auditing of federal grants made to state and local governments. Even though the indirect effect of such policy is to shift the responsibility for the auditing of federal grants from the federal granting agencies to the state and local governments that receive funds, such policy directly affects and regulates the fiscal policies and procedures of federal agencies. As such, it is a valid exercise of OMB's authority, lawfully delegated by the President, to promote efficiency and uniformity in federal procedures and policies. Cited herein: L. 1980, ch. 153, 3 U.S.C.A. section 301, 5 U.S.C.A. sections 305, 901.

Download or read book Attorney General Opinion No 1980 142 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of any statutory provision requiring council members of cities of the third class to vote in proceedings before the council, a council member who is present may abstain from voting on a particular matter. Additionally, a council member need not state a reason for withholding his or her consent to appointments made by the mayor (to fill vacant positions on the council), and the wisdom or prudence of any failure to confirm a mayoral appointment is not likely to be "second-guessed" by Kansas courts. Cited herein: K.S.A. 15-108, 15-201, K.S.A. 17-4758, K.S.A. 1979 Supp. 25-4302, K.S.A. 60-1205, K.S.A. 75-4304, and Kan. Const. Art. 12, section 5.

Download or read book Attorney General Opinion No 1980 252 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A police officer has express authorization stated in the law to impound a vehicle driven by a defendant arrested under certain circumstances. However, even though such officer is responsible for taking appropriate measures to protect the property of an arrested person, the question of whether the officer's failure to impound such vehicle constitutes a breach of duty, creating an exposure to tort liability, must be resolved by a competent trier of fact in light of all relevant facts and circumstances. Cited herein: K.S.A. 8-1570, K.S.A. 1979 Supp. 75-6103.

Download or read book Attorney General Opinion No 1980 158 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The common law doctrine of incompatibility of offices does not preclude a county commissioner from concurrently being employed as a filter plant operator by the city water department of a city located within the county where the commissioner holds office. Cited herein: K.S.A. 1979 Supp. 19-205.

Download or read book Attorney General Opinion No 1980 219 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The behavioral sciences regulatory board may establish committees or subcommittees to assist it in the performance of certain of its administrative functions, but the board may not delegate its authority to such committees or subcommittees to determine the examination to be used for applicants for licensure or certification or to determine which applicants will be permitted to sit for said examinations. The board's application of K.S.A. 74-5310 to candidates for certification as psychologists is a matter left to the sound discretion of the board, or as may be determined pursuant to board rules and regulations establishing procedures or guidelines by which such board determinations may be made, according to the plain and ordinary definitions of the words used in the statute. Cited herein: K.S.A. 1979 Supp. 65-2828, 65-2830, K.S.A. 74-5310, 75-3223, 75-5346 to 75-5361, inclusive, as amended by L. 1980, ch. 242, 77-201, S̲e̲c̲o̲n̲d̲, L. 1980, ch. 242.