Attorney General Opinion No. 1981-235 PDF Download
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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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Languages : en
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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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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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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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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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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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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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In the absence of contractual provisions indicating otherwise and where an employment contract requires a fixed employer contribution to an insurance premium paid by employees, any refund of such premiums shall be paid to the employees and the employer may not retain any portion thereof unless the refund exceeds the entire employee contribution.
Author: Robert T. Stephan
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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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Employment by a county creates no vested right or property interest, and in the absence of any civil service system which requires that termination be for cause and only after a hearing, an employee may be discharged at any time. Accordingly, the passage by a county commission of an anti-nepotism resolution may affect existing employees as well as those hired subsequent to the date of the resolution. Cited herein: K.S.A. 13-2903, 14-537, K.S.A. 1980 Supp. 19-101a, K.S.A. 19-235, 19-302, 19-503, 19-706b, 19-805, 19-1202, 28-706, 74-605, L. 1921, Ch. 171, section 1.
Author: Robert T. Stephan
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The ownership by a township of a residence which is provided to the road supervisor is a public purpose, insofar as the supervisor also oversees the equipment, materials and supplies of the township that are kept on the premises, as well as maintaining the township hall. Accordingly, in the event that such residence is damaged or destroyed by fire, the township may issue general obligation bonds following an election approving same, with the proceeds used for repair or reconstruction. Cited herein: K.S.A. 1980 Supp. 80-104, K.S.A. 80-113.
