Attorney General Opinion No. 1981-043 PDF Download
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Author: Robert T. Stephan
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The provisions of K.S.A. 72-5392 e̲t̲ s̲e̲q̲. do not repeal, by implication, the provisions of K.S.A. 72-1204 e̲t̲ s̲e̲q̲. The latter remain in full force and effect, and there is no transfer of the responsibility to provide "basic hearing screening" to public school districts only. The provision of a special education program that is designed to impact and involve every aspect of a child's r̲e̲m̲e̲d̲i̲a̲l̲ educational experience does not involve an excessive entanglement between church and state, even though designed by a public employee for a parochial school child, so long as said program is not forced upon parochial school teachers for inclusion in the classroom activities of the parochial school. Attorney General Opinion No. 81-27 affirmed.) (Cited herein: K.S.A. 72-1204, 72-1205, 72-5392, 72-5393.
Author: Robert T. Stephan
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The provisions of K.S.A. 72-5392 e̲t̲ s̲e̲q̲. do not repeal, by implication, the provisions of K.S.A. 72-1204 e̲t̲ s̲e̲q̲. The latter remain in full force and effect, and there is no transfer of the responsibility to provide "basic hearing screening" to public school districts only. The provision of a special education program that is designed to impact and involve every aspect of a child's r̲e̲m̲e̲d̲i̲a̲l̲ educational experience does not involve an excessive entanglement between church and state, even though designed by a public employee for a parochial school child, so long as said program is not forced upon parochial school teachers for inclusion in the classroom activities of the parochial school. Attorney General Opinion No. 81-27 affirmed.) (Cited herein: K.S.A. 72-1204, 72-1205, 72-5392, 72-5393.
Author: Robert T. Stephan
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If a quorum of a municipal council is present and a majority of the members voting vote in favor of a particular matter, abstentions from voting are to be counted as acquiescence with the votes of the majority, and the action will bind the body. Abstentions from voting may not be counted as acquiescence where there is a tie vote and the proposition fails for lack of a majority voting in favor thereof. Cited herein: K.S.A. 1981 Supp. 72-8205.
Author: Robert T. Stephan
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While no statute exists exempting firemen, whether regular or volunteer, from jury duty, a court may, in its discretion, excuse persons holding either position from such service, pursuant to K.S.A. 43-159, as they are persons whose presence elsewhere could be required for the public safety and welfare. Cited herein: K.S.A. 43-159, 48-211, 48-512.
Author: Robert T. Stephan
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Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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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.
Author: Robert T. Stephan
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K.S.A. 1980 Supp. 59-2922 establishes court costs of twenty-five dollars ($25) for services of the district court to be paid by the initiating county to the transferee county upon change of venue in applications for determination of mentally ill persons. Such fee is inclusive and does not authorize additional court costs in excess of such sum to be paid for services of the transferee court. Such sum is not, however, inclusive of all court costs which may be charged to the initiating county. Statutes cited herein: K.S.A. 43-171, K.S.A. 1980 Supp. 59-2922, 59-2934, K.S.A. 60-243, 60-2001, 60-2003.
Author: Robert T. Stephan
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The provisions of the Kansas Open Meetings Law preclude the election of the acting president of the City Council of Merriam by secret ballot. Cited herein: K.S.A. 1980 Supp. 75-4318.
Author: Robert T. Stephan
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There are no statutory obstacles to an election commissioner also holding the office of mayor of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude such simultaneous incumbencies.
Author: Robert T. Stephan
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A county election officer has no authority to determine the sufficiency of the question stated in the petition for elections but such officer may find a petition insufficient for failure to include an individual date line for each petitioner signing. Cited herein: K.S.A. 25-3601, K.S.A. 1980 Supp. 25-3602, Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan
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The ownership by a township of a residence which is provided to the road supervisor is a public purpose, insofar as the supervisor also oversees the equipment, materials and supplies of the township that are kept on the premises, as well as maintaining the township hall. Accordingly, in the event that such residence is damaged or destroyed by fire, the township may issue general obligation bonds following an election approving same, with the proceeds used for repair or reconstruction. Cited herein: K.S.A. 1980 Supp. 80-104, K.S.A. 80-113.
