Attorney General Opinion No. 1981-137 PDF Download
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Author: Robert T. Stephan
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A request for notice of public meetings remains valid indefinitely, at least for a reasonable period of time. No written statement is required to withdraw a request for notice, although such written withdrawal would be advisable. No charge may be made for the providing of notice of public meetings. Requests for notice are to be honored regardless of residency of the requester. And the death of the requester permits the governmental unit to cease providing such notice, except where the deceased person had requested notice as a representative of an organization or known individuals. Cited herein: K.S.A. 75-4317, K.S.A. 1980 Supp. 45-204, 75-4318.
Author: Robert T. Stephan
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Languages : en
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A request for notice of public meetings remains valid indefinitely, at least for a reasonable period of time. No written statement is required to withdraw a request for notice, although such written withdrawal would be advisable. No charge may be made for the providing of notice of public meetings. Requests for notice are to be honored regardless of residency of the requester. And the death of the requester permits the governmental unit to cease providing such notice, except where the deceased person had requested notice as a representative of an organization or known individuals. Cited herein: K.S.A. 75-4317, K.S.A. 1980 Supp. 45-204, 75-4318.
Author: Robert T. Stephan
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Languages : en
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As provided by K.S.A. 31-137, municipal fire departments are empowered to enforce the provisions of K.S.A. 31-132 e̲t̲ s̲e̲q̲., as well as any rules and regulations adopted pursuant thereto. Such enforcement includes the making of inspections in and upon all buildings and premises subject to the act and, if necessary, the issuance of cease and desist orders. (K.S.A. 1980 Supp. 31-139). As buildings subject to the act include all places in which people work, live or congregate from time to time, [K.S.A. 1980 Supp. 31-133(a)], the Topeka State Hospital, as such a place, would be subject to inspection by officials of the Topeka Fire Department. However, the department would not be able to enforce any provisions inconsistent with the rules and regulations adopted by the state fire marshal. Cited herein: K.S.A. 1980 Supp. 31-133, 31-134, K.S.A. 31-137, K.S.A. 1980 Supp. 31-139, K.A.R. 1980 Supp. 22-3-1, K.A.R. 22-11-1.
Author: Robert T. Stephan
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K.S.A. 1980 Supp. 31-134(b) provides that the rules and regulations adopted by the state fire marshal shall be of uniform force and effect throughout the state. Pursuant to this statute, K.A.R. 1980 Supp. 22-3-1 adopts by reference the 1976 edition of the Life Safety Code, containing sections which regulate structures having combined mercantile and residential occupancies. For the purposes of enforcement, K.S.A. 1980 Supp. 31-139 gives the state fire marshal and those persons designated by K.S.A. 1980 Supp. 31-137, the authority to inspect buildings subject to the code. If admittance to a building subject to the Code is denied, a search warrant, which may be issued ex parte, must be obtained prior to entry. Cited herein: K.S.A. 1980 Supp. 31-133, 31-134, 31-137, 31-139, K.A.R. 1980 Supp. 22-3-1, U.S. Const., Amend. IV.
Author: Robert T. Stephan
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Since the legislature did not exempt the tax levy authorized by K.S.A. 1981 Supp. 12-16,102(c) from the aggregate mill levy limitation prescribed in K.S.A. 79-1962, any levy made pursuant to said subsection must be included in the aggregate mill levy limitation prescribed in the latter statute. Cited herein: K.S.A. 1981 Supp. 12,16,102, K.S.A. 79-1962, 79-5001.
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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Languages : en
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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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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 waiver by the city council of construction-related fees due a city from a church constitutes a gift of public funds for a private purpose and is, therefore, improper.
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.
