Attorney General Opinion No. 1980-203 PDF Download
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Author: Robert T. Stephan
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Languages : en
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In actions brought against city officers and employees for alleged violations of a plaintiff's civil rights, the city must pay for the cost of providing a defense and any judgments and other costs incurred therefor, if the act or omission upon which the civil rights action is based is noncriminal, committed in good faith in the scope of defendants' employment, and if defendants reasonably cooperate in good faith in their defense. The city may pay for the cost of providing for its defense and the defense of its officers and employees and for payment of claims and judgments out of its general fund or other existing fund, or out of a special liability expense fund established for such purpose. Cited herein: K.S.A. 1979 Supp. 75-6102, 75-6110, 75-6116.
Author: Robert T. Stephan
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Languages : en
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In actions brought against city officers and employees for alleged violations of a plaintiff's civil rights, the city must pay for the cost of providing a defense and any judgments and other costs incurred therefor, if the act or omission upon which the civil rights action is based is noncriminal, committed in good faith in the scope of defendants' employment, and if defendants reasonably cooperate in good faith in their defense. The city may pay for the cost of providing for its defense and the defense of its officers and employees and for payment of claims and judgments out of its general fund or other existing fund, or out of a special liability expense fund established for such purpose. Cited herein: K.S.A. 1979 Supp. 75-6102, 75-6110, 75-6116.
Author: Robert T. Stephan
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Languages : en
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Responsibility for the planning, design and construction of buildings for state agencies has been vested by the legislature in the Secretary of Administration, who is advised in the performance of these duties by the state building advisory commission. The existence of this statutory framework evinces a clear intent on the part of the legislature that, as control of such capital improvement projects be kept at the state level, they are therefore not matters of local concern. Accordingly, while deference should be given if possible to city building ordinances, the state is not bound by such local codes in the event of a dispute. However, such pre-emption is not the rule where local zoning and site plan regulations are concerned. There, in the event of a dispute, the district court may balance the interests of the state against those of the municipality, following B̲r̲o̲w̲n̲ ̲v̲.̲ ̲K̲a̲n̲s̲a̲s̲ ̲F̲o̲r̲e̲s̲t̲r̲y̲, ̲ ̲F̲i̲s̲h̲ ̲a̲n̲d̲ ̲G̲a̲m̲e̲ ̲C̲o̲m̲m̲i̲s̲s̲i̲o̲n̲, 2 Kan. App. 2d 102 (1978). Cited herein: K.S.A. 1980 Supp. 75-3741, 75-3783, 75-5407b, 75-5409a, Kan. Const., Art. 12, Sec. 5(b).
Author: Curt Thomas Schneider
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Languages : en
Pages : 2
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You inquire concerning the handling of personnel problems, discussion of salaries of individual employees, and the like, and the possibility of doing so during closed sessions.
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.
Author: Robert T. Stephan
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Languages : en
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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).
Author: Robert T. Stephan
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Languages : en
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Where the legislature has required in K.S.A. 1979 Supp. 13-1221 that a person appointed to fill a vacancy on the Kansas City, Kansas Board of Public Utilities (BPU) "shall serve until the next city or state general election, whichever occurs first, at which time a successor shall be elected to serve the remainder of the unexpired term," there is an apparent legislative intent that any such election be conducted in the manner city elections are conducted, including the requirement that a primary election be held in connection therewith. However, where such election is held at the time of the general election in November, there also is an apparent legislative intent that such election to fill BPU vacancies be subject to the time frames applicable to such general election. Thus, all candidates for each of the BPU positions to be filled at the general election to be held in November 1980 must declare their respective candidacies on or before twelve o'clock noon on June 20, 1980, and if there are more than two candidates for any such position, a primary election shall be held at the time of the primary election to be held on the first Tuesday in August 1980. Cited herein: K.S.A. 1979 Supp. 13-1221, 13-1223 (as amended by section 3 of 1980 House Bill No. 2841), K.S.A. 25-203, 25-2101, 25-2107, K.S.A. 1979 Supp. 25-2108a.
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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Even though facilities constructed by a corporation, including "bodies politic and corporate," are to be used by the general public, in-house professional services performed in connection therewith by employees of such corporation are performed "solely for the benefit of the corporation." Under these circumstances, such corporations and bodies politic and corporate are exempt from the registration requirements of the Technical Professions Act, as prescribed by Section 1(d) of Chapter 244 of the 1980 Session Laws. Cited herein: K.S.A. 1979 Supp. 74-7035 and L. 1980, ch. 244, section 1.
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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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).
