Attorney General Opinion No. 1980-125

Attorney General Opinion No. 1980-125 PDF Author: Robert T. Stephan
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Languages : en
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The requirements of K.S.A. 15-209 give a city of the third class no option but the appointment of city residents to the offices of city clerk and city treasurer. However, pursuant to Article 12, Section 5(c) of the Kansas Constitution, the city may adopt a charter ordinance by which the city may exempt itself from the provisions of K.S.A. 15-209 and thereby eliminate said residency requirement. Cited herein: K.S.A. 15-209, Kan. Const., Art. 12, Sec. 5(c).

Attorney General Opinion No. 1980-125

Attorney General Opinion No. 1980-125 PDF Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
The requirements of K.S.A. 15-209 give a city of the third class no option but the appointment of city residents to the offices of city clerk and city treasurer. However, pursuant to Article 12, Section 5(c) of the Kansas Constitution, the city may adopt a charter ordinance by which the city may exempt itself from the provisions of K.S.A. 15-209 and thereby eliminate said residency requirement. Cited herein: K.S.A. 15-209, Kan. Const., Art. 12, Sec. 5(c).

Attorney General Opinion No. 1981-073

Attorney General Opinion No. 1981-073 PDF Author: Robert T. Stephan
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Languages : en
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A municipal court judge is not ethically barred from serving as criminal defense counsel in district court except in those cases on appeal from his or her municipal court. Cited herein: K.S.A. 1980 Supp. 7-125, 20-176.

Attorney General Opinion No. 1981-125

Attorney General Opinion No. 1981-125 PDF Author: Robert T. Stephan
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Languages : en
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While at common law a bridge was considered to be part of the highway with which it is connected, a different result must be reached in the case of 1981 House Bill No. 2298. That bill establishes procedures for declaring certain county roads to be "minimum maintenance" roads, and further declares that no tort liability exists on the part of a governmental entity due to damages resulting from the conditions of such roads. Although such immunity may extend to damages caused by conditions on the roadbed, injuries caused by structural defects in the bridge itself would, absent any legislative intent to the contrary, still leave the governmental entity liable in tort. Cited herein: K.S.A. 68-102, 68-1126, K.S.A. 1980 Supp. 75-6104, 1981 House Bill No. 2298, sections 1, 2.

Attorney General Opinion No. 1980-158

Attorney General Opinion No. 1980-158 PDF 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.

Attorney General Opinion No. 1980-261

Attorney General Opinion No. 1980-261 PDF 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.

Attorney General Opinion No. 1980-165

Attorney General Opinion No. 1980-165 PDF Author: Robert T. Stephan
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Languages : en
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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.

Attorney General Opinion No. 1980-252

Attorney General Opinion No. 1980-252 PDF 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.

Attorney General Opinion No. 1980-233

Attorney General Opinion No. 1980-233 PDF Author: Robert T. Stephan
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Languages : en
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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.

Attorney General Opinion No. 1980-137

Attorney General Opinion No. 1980-137 PDF Author: Robert T. Stephan
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Languages : en
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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.

Attorney General Opinion No. 1981-164

Attorney General Opinion No. 1981-164 PDF Author: Robert T. Stephan
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Languages : en
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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.