Attorney General Opinion No. 1981-072 PDF Download
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Author: Robert T. Stephan
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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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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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To be consistent with requirements of the United States Constitution, the provisions of K.S.A. 72-5393 can, and must, be construed as neither requiring nor authorizing the provision of therapeutic psychological and speech and hearing services, at public expense and by public employees, on parochial school premises. Instead, said provisions must be construed as requiring that such services be provided at the "truly religiously neutral locations" specified in the statute, i.̲e̲.̲, in the public schools of the school district, in public centers, or in mobile units located off the parochial school premises. Cited herein: K.S.A. 72-5392, 73-5393, U.S. Const., Amend. I, 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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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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K.S.A. 72-5428(b) specifically empowers a factfinding board to hold such hearings on the issues upon which impasse exists, as the fact-finding board may deem appropriate. Nothing in K.S.A. 72-5428 prohibits a fact-finding hearing from being open to the public. K.S.A. 72-5423(b) does not require fact-find hearings either to be open or closed to the public. Thus, the determination of a fact-finding board to conduct a hearing under K.S.A. 72-5428, which is open to the public, does not violate the law. Since K.S.A. 72-5430(b)(7) and (c)(4) declare it to be a prohibited practice willfully to refuse to participate in good faith in fact-finding efforts as provided in K.S.A. 72-5428, a refusal, by either party, to participate in good faith in a fact-finding hearing, which is open to the public, might be determined to be a prohibited practice. Cited herein: K.S.A. 72-5423, 72-5428, 72-5430.
Author: Robert T. Stephan
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K.S.A. 19-723, which authorizes the board of county commissioners to employ an additional attorney to assist the county attorney, involves a discretionary power held by the board and does not mandate such special assistant be employed. Cited herein: K.S.A. 19-723, G.S. 1949, 19-718.
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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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: Robert T. Stephan
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When a board of education creates a public forum dedicated to the expression of views by the general public, said board cannot prohibit professional employees from expressing their views, as such action is inconsistent with the freedom of speech guaranteed by the First Amendment to the United States Constitution. In addition, K.S.A. 72-5415(b) establishes that nothing in the Collective Negotiations Law, K.S.A. 72-5413 e̲t̲ s̲e̲q̲., is to be construed to prevent professional employees, individually or collectively, from presenting or making known their positions or proposals or both to a board of education. Thus, it is not an unfair labor practice for a board of education to allow professional employees to present or make known to the board the professional employees' position, proposals or both. Listening to positions or proposals does not constitute negotiation. Cited herein: U.S. Const., Amends. 1, 14; K.S.A. 72-5415, 72-5430.
Author: Robert T. Stephan
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Unlike Kansas cities and counties which exercise constitutional or statutory "home rule" powers, school districts are creatures of statute and, as such, enjoy only those powers expressly conferred, by law, together with those implied powers which are necessary for the effective exercise and discharge of the powers and duties expressly conferred. No statutory authority exists, either expressly conferred or necessarily implied, authorizing the expenditure of school districts funds to contribute to a lobbying effort on a proposed state-wide severance tax. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-101c, 72-1612, 72-1623, 72-5326, 72-8205, Kan. Const., Art. 12, section 5.
