Attorney General Opinion No. 1981-107 PDF Download
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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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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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Duplication of copyrighted musical scores for the use of judges at state music festivals constitutes an infringement of the United States copyright laws. It does not represent a "fair use" of such copyrighted material within the meaning of 17 U.S.C.A. section 107, even though it is for a nonprofit, educational purpose, because: (1) It does not constitute duplication for the purpose of criticizing or commenting on the copyrighted works themselves; (2) even if regarded as being for the purpose of comment or criticism, duplication of an entire score exceeds the permissible amount which may fairly be reproduced as legitimately necessary for critical review; and (3) such duplication is intended primarily as a substitute for purchasing the original works. Cited herein: 17 U.S.C.A. sections 106, 107.
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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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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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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L. 1981, Ch. 156 section 2(g) does not require that an inmate convicted of a class A, B or C felony by reason of aiding, Abetting, advising or counseling another to commit a crime, or by reason of the principle provided for in subsection (2) of K.S.A. 21-3205, serve one-half of the minimum term of imprisonment imposed by the court. Rather, the law requires that the inmate serve one-half of the term of imprisonment which would be required had not the aiding, abetting, etc. come into play. Thus, on a class A felony conviction, parole eligibility would occur after seven and one-half years of confinement and on a class B or C felony conviction, parole eligibility would occur after service of one-half of the minimum sentence imposed less good time credits available. Cited herein: L. 1981, Ch. 156.
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.
Author: Robert T. Stephan
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The common law doctrine of incompatibility of offices precludes a school board member from simultaneously holding the office of county commissioner or the office of mayor of a third class city with a mayor-council form of government. Cited herein: K.S.A. 13-2002, 14-301, 14-1402 and 15-301.
Author: Robert T. Stephan
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Executory contracts for the sale of real estate having the characteristics specified in K.S.A. 79-3101 are mortgages covered by the Mortgage Registration Fee Act, and $.25 on every one hundred dollars ($100) of principal debt or obligation secured by any such contract must be collected by the Register of Deeds before recording the instrument. However, an affidavit of equitable interest, filed by the purchaser pursuant to K.S.A. 1981 Supp. 79-3102(5), may be recorded without payment of the mortgage registration fee on the executory contract which gives rise to the affidavit of equitable interest. If the contract itself is offered for filing, the fee collected should reflect the total debt secured, and not merely the amount outstanding at the time of filing. Cited herein: K.S.A! 79-3101, K.S.A. 1981 Supp. 79-3102, K.S.A. 79-3107.
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.
