Author: Robert T. Stephan
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Languages : en
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A county, through the exercise of its statutory home rule powers under K.S.A. 1980 Supp. 19-101a e̲t̲ s̲e̲q̲., may exempt itself, by charter resolution, from the aggregate tax levy limitation prescribed in K.S.A. 79-5001 e̲t̲ s̲e̲q̲. Accordingly, Section 1 of Linn County Charter Resolution No. 3 properly exempts that county from said limitations, to the extent of the total costs incurred by the county for law enforcement. However, the county may not establish as a separate and distinct fund that portion of the county's general fund tax levy attributable to such law enforcement costs, as was attempted in Section 2 of said charter resolution. Thus, said section is invalid and void, as a matter of law, but may be severed from the remainder of the resolution, since the invalid section is not so interconnected with the valid sections that the severance thereof would contravene the intent of the board of county commissioners. (Attorney General Opinion No. 77-272 affirmed herein.) Cited herein: K.S.A. 1980 Supp. 19-101a, 19-241, 79-1946; K.S.A. 79-5001.
Author: Robert T. Stephan
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Languages : en
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Firearms seized as evidence for use in district courts may be sold, at the court's discretion, and the proceeds shall be paid to the state treasurer. In cities of the second class which have elected to establish police and fire department pension funds as authorized by K.S.A. 1981 Supp. 14-10a02, firearms seized for use as evidence and firearms which are found and unclaimed may be sold and the proceeds paid into the pension funds. However, pursuant to the constitutional grant of home rule power, such cities may modify this procedure by charter ordinance, and cities of the second class which are not subject to this statute may provide by ordinance for the disposition of such firearms. Cited herein: K.S.A. 12-4103, K.S.A. 1981 Supp. 14-10a02, K.S.A. 20-2801, 21-4206, 22-2102, 22-2512, Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan
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Languages : en
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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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Languages : en
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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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Languages : en
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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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Languages : en
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Pursuant to the provisions of certain statutes whereby cities may undertake work on private property and assess the cost thereof against the property, a city may assess only actual costs incurred by the city. A city may not, under said statutes, assess a purely arbitrary amount which purports to represent administrative and publication costs incurred by the city. However, where a city may demonstrably measure the administrative costs and publication costs attributable to a specific work project, said costs may be assessed against the property. Cited herein: K.S.A. 12-1617e, 12-1617f, 12-1755, 17-4759; L. 1981, Ch. 173, section 54.
Author: Robert T. Stephan
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Languages : en
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The express prohibition in K.S.A. 1980 Supp. 19-205 precludes one person from simultaneously holding the offices of county commissioner and city clerk. Cited herein: K.S.A. 10-803, K.S.A. 12-3003, and K.S.A. 1980 Supp. 19-205.
Author: Robert T. Stephan
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Languages : en
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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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Languages : en
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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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Languages : en
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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.
