Attorney General Opinion No. 1981-162 PDF Download
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Author: Robert T. Stephan
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A county attorney has no duty to act on behalf of a township board and seek vacation or closure of a township road pursuant to K.S.A. 68-102. Cited herein: K.S.A. 68-102, 80-304, 80-306.
Author: Robert T. Stephan
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A county attorney has no duty to act on behalf of a township board and seek vacation or closure of a township road pursuant to K.S.A. 68-102. Cited herein: K.S.A. 68-102, 80-304, 80-306.
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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The provisions of K.S.A. 79-5001 e̲t̲ s̲e̲q̲. (the so-called "tax lid") have the effect of placing a ceiling on the aggregate amount which a county such as Sedgwick may raise through tax levies on tangible property. Levies may be excluded from the provisions of the tax lid either by being listed at K.S.A. 79-5011 or through the enactment of a statute specifically so stating, pursuant to K.S.A. 79-5003. If a county wishes to exclude from the tax lid that portion of its general fund levy used to support the district court (as mandated by various statutes), it may do so by seeking legislative action in either of the ways described above. Alternatively, as the tax lid was promulgated by an act which is not uniformly applicable to all counties, a county may, pursuant to K.S.A. 19-101b, exclude itself from the operation of the tax lid itself. In the absence of such measures, a county must observe the tax lid restrictions in paying those expenses of the district court which are imposed upon it by statute. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-101b, K.S.A. 1980 Supp. 20-162, 20-348, 20-349, 20-356, 20-362, K.S.A. 20-613a, K.S.A. 1980 Supp. 38-554, 38-821, 79-1946, 79-1947, K.S.A. 79-5003, 79-5004, 79-5011.
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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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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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 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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Pursuant to K.S.A. 9-1403, the designation of a specific "period of peak deposits" is permissible only where such period occurs at "tax paying time" or "tax distributing time." Cited herein: K.S.A. 1980 Supp. 9-1402, K.S.A. 9-1403, K.S.A. 1980 Supp. 12-1678a, and 1981 House Bill No. 2235.
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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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.
