Download or read book Attorney General Opinion No 1980 173 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 telephone conference call among members of a public body may constitute a meeting of such body, where the number of members engaged in such call is sufficient by statute to transact the business of the body, and so long as all members thereof are notified of the conference call and given the opportunity to participate. Meetings held pursuant to telephone conference calls are subject to the Open Meetings Act where such calls involve a majority of a quorum of the public body's membership, even though the number of members involved is not enough to transact the business of the public body. Cited herein: K.S.A. 75-4317, K.S.A. 1979 Supp. 75-4318.

Download or read book Attorney General Opinion No 1974 173 written by Vern Miller and published by . This book was released on 1974 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt: We have your letter of May 29, concerning opinion no. 73-286, of August 22, 1973, and enclosing a letter from Mr. O'Keefe. He argues, as anticipated in the 1973 opinion, that K.S.A. 1972 Supp. 22-3609 provides an independent and, as it were, self- contained, statement of the right to appeal and the manner of doing so, and makes no reference to any requirement of a cost deposit.

Download or read book Attorney General Opinion No 1988 173 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: Pursuant to ordinances of the city of Roeland Park, the duties of the city attorney must be prescribed by ordinance passed by the governing body. Accordingly, where no ordinance prescribes that the city attorney shall represent city officers who are sued in an individual capacity (for actions they have taken in their official capacities), the city attorney may refuse to represent such city officials, and such refusal is not a cause for removal from office. If, at the direction of the governing body, and in the absence of any fee agreement with an individual official, the Roeland Park City Attorney voluntarily undertakes the defense of a city officer who has been sued in an individual capacity, it is our opinion that he is to be compensated at the hourly rate established for services provided for the city. Cited herein: K.S.A. 1987 Supp. 75-6108.

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 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 1981 233 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: Where several governmental entities have constructed a building for their joint use under an interlocal agreement, and each such entity has authority to establish its own building fund to provide for the replacement of the roof on such building, the agreement may be amended to establish a joint building fund for such purpose. However, where each party to the agreement has discretionary investment powers regarding moneys in its own fund which differ from those of the other parties, the creation of a joint fund and the investment of moneys therein may constitute an improper delegation of each party's separate authority. Such problem may be avoided if each party establishes its own building fund and the interlocal agreement amended to require that moneys in these respective funds be turned over to the administrative entity created by the agreement when needed. Cited herein: K.S.A. 12-1675, 12-1736, 12-1737 (as amended by L. 1981, ch. 173, section 23), 12-2901, K.S.A. 1980 Supp. 12-2904, K.S.A. 19-15,114, 19-15,115, K.S.A. 1980 Supp. 19-15,116, K.S.A. 72-8801 (as amended by L. 1981, ch. 286, section 2), 72-8804 (as amended by L. 1981, ch. 286, section 23), 79-2934.

Download or read book Attorney General Opinion No 1981 187 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: In determining the assessment of real property under K.S.A. 79-417, the county clerk should seek assistance from the county appraiser. It is the date upon which the county clerk discovers that real property has been omitted from the assessment and tax rolls that determines upon which year's assessment and tax rolls the property is to be placed. If the discovery is made on or after November 1 and prior to January 1, the property is to be placed on the assessment and tax rolls of the next tax year. If the discovery is made on or after January 1 and prior to November 1, the property is to be placed on the assessment and tax rolls of the current tax year. Cited herein: K.S.A. 19-430, 19-432, 79-408, 79-417, 79-1412a, S̲e̲c̲o̲n̲d̲, E̲i̲g̲h̲t̲h̲, 79-1801, as amended by L. 1981, ch. 380, section 2, 79-1803, as amended by L. 1981, ch. 379, section 2, 79-1804, 79-2001, as amended by L. 1981, ch. 173, section 78, K.S.A. 1980 Supp. 79-2004.

Download or read book Attorney General Opinion No 1981 252 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 initial determination, by a city, to adopt one of two alternative flood control projects, is legislative in nature, and is a proper subject of an initiative petition under the provisions of K.S.A. 1980 Supp. 12-3013, as amended by Section 31 of Chapter 173 of the 1981 Session Laws of Kansas. However, a proposed ordinance, which is submitted to a city governing body under the initiative and referendum statute, may not include provisions which are administrative in nature, or provisions which conflict with applicable state statutes. Where a proposed ordinance contains such provisions, it is not subject to the initiative and referendum process. Cited herein: K.S.A. 12-635, 12-636, 12-644, 12-645, 12-3013; L. 1981, Ch. 173, Section 31; Kan. Const., Art. 12, Section 5(c).

Download or read book Attorney General Opinion No 1987 173 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to Kansas law, counties may impose limitations as to the size and weight of vehicles on certain roads. Constitutional restrictions apply to such regulations and require that every classification be reasonable and rest upon a rational basis which serves a valid governmental purpose. The proposed regulation restricting weight on county roads should apply equally to all vehicles under the same circumstances and conditions. Cited herein: K.S.A. 19-101 F̲i̲f̲t̲h̲; K.S.A. 1986 Sup. 19-101a; K.S.A. 89-1912; K.S.A. 8-2002(f); U.S. Const. Fourteenth Amend.

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 113 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 legislature has vested broad regulatory authority over public utilities in the State Corporation Commission. Where lawful and reasonable orders, issued by the State Corporation Commission, in compliance with a decision by the Kansas Supreme Court, compel changes in the handling of late payment charges on utility bills, the Woodson County Commissioners must either change their payment date accordingly, or pay the late charges. Cited herein: K.S.A. 66-101, K.S.A. 1979 Supp. 66-104, 66-118d.

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.

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 1980 189 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: Real estate brokers and salespersons who have been continuously and actively licensed in this state for a period of five or more years immediately prior to July 1, 1980, are not required to submit evidence of "continuing education" under the provisions of Section 13(g) of the Real Estate Brokers' and Salespersons' License Act [L. 1980, Ch. 164, section 13(g)]. A real estate broker or salesperson need not have been continuously and actively engaged in the real estate business for the subject period of time in order to qualify for the exemption created by the aforesaid section. Cited herein: L. 1980, Ch. 164, 12(b) and 13(g).

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 1979 173 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: Pursuant to K.S.A. 72-6761 voters must receive adequate notice of the purpose for which general obligation bonds of the school district are to be issued. Thus, projects not mentioned in the bond proposition may not be completed with bond proceeds. However, the details of construction on building projects are left to the discretion of the school board. Therefore, where the bond proceeds are sufficient, a board may accept alternatives to upgrade the project. However, if the bond proposition does not so state, bond proceeds may not be supplemented with capital outlay funds in order to pay for alternatives merely designed to upgrade the bond projects.