Attorney General Opinion No. 1980-107 PDF Download
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Author: Robert T. Stephan
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Languages : en
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The oath required by K.S.A. 75-4308 must be subscribed to by each person who becomes employed by the state or any county, city or municipality therein. As the statute admits to no exceptions, the oath is required for all such employees, regardless of the position or amount of remuneration. Cited herein: K.S.A. 21-305 (repealed, L.1968, ch. 106 section 8), 54-106, 75-4308.
Author: Robert T. Stephan
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Languages : en
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The oath required by K.S.A. 75-4308 must be subscribed to by each person who becomes employed by the state or any county, city or municipality therein. As the statute admits to no exceptions, the oath is required for all such employees, regardless of the position or amount of remuneration. Cited herein: K.S.A. 21-305 (repealed, L.1968, ch. 106 section 8), 54-106, 75-4308.
Author: Robert T. Stephan
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Languages : en
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Except as limited by the state constitution and the grant of authority to the federal, government by the federal constitution, the power of the state legislature is absolute with respect to all offices it creates. Such power includes the authority to shorten or lengthen the term of a public office, even though the effect may be to curtail or extend an incumbent's unexpired term. Thus, the provisions of K.S.A. 1980 Supp. 24-412 which extend the terms of office of drainage district directors elected in March of 1980 until April of 1983 represent a valid exercise of legislative authority. Cited herein: K.S.A. 1980 Supp. 24-409, 24-412, Kan. Const., Art. 2, section 18, Art. 15, section 1, L. 1980, ch. 107.
Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city councilman and municipal judge in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 15-204, 15-209.
Author: Curt Thomas Schneider
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Languages : en
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Any citizen alleging the commission of a crime may file a complaint pursuant to K.S.A. 12-4202.
Author: Robert T. Stephan
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Languages : en
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The burden of proof in a small claims court proceeding is the same burden of proof in similar civil proceedings. The trial of all small claims shall be before the court, unless the judgment is appealed. The trial of an appeal is heard d̲e̲ n̲o̲v̲o̲ and may be before a court or jury. Cited herein: 1986 House Bill No. 2849; K.S.A. 1985 Supp. 21-3707; K.S.A. 61-1716; 61-2701 e̲t̲ s̲e̲q̲.; 61-2702; K.S.A. 1985 Supp. 61-2707; K.S.A. 61-2709.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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A qualified right to protect property emanates from section 18 of the Bill of Rights of the Kansas Constitution. Such a right is an affirmative defense which may be raised by a defendant charged with the unlawful killing of a deer. However, in order to justify the killing of a deer out of season or contrary to law, there must be substantial injury to property, and the landowner should present evidence that he has exhausted other remedies provided by law. Additionally, the burden will rest upon the property owner to demonstrate that the killing was, in all respects, reasonable. The qualified right to protect property from damage by game animals does not authorize a property owner to take possession of a deer killed in defense of property. Cited herein: K.S.A. 1979 Supp. 32-104, 32-104b, K.S.A. 32-107, 32-110a, K.S.A. 1979 Supp. 32-156, 32-158, 32-164, 32-178, 32-179, K.S.A. 32-212, K.S.A. 76-459; Kan. Const., Bill of Rights section 18; K.A.R. 23-2-5 and 23-2-7.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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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.
