Attorney General Opinion No. 1981-236 PDF Download
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Author: Robert T. Stephan
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The State Board of Education lawfully may adopt rules and regulations governing the certification of teaching, administrative and other supportive personnel in unified school districts, relying upon its constitutional authority and disregarding any statutory authority or lack thereof. The legislature may not prescribe, amend, modify, or otherwise alter the content of such rules and regulations. Although the procedures prescribed in K.S.A. 77-415 e̲t̲ s̲e̲q̲. do not apply to regulations issued by the State Board of Education pursuant to the authority possessed by the State Board under Article 6, Section 2(a) of the Kansas Constitution, the State Board would be well advised to adopt similar procedures in order to provide adequate notice and opportunity for hearing. Cited herein: K.S.A. 1980 Supp. 77-415 (as amended by L. 1981, ch. 365, section 1), K.S.A. 1980 Supp. 77-421 (as amended by L. 1981, ch. 324, section 33), Kan. Const., Art. 2, section 1, Art. 6, sections 1, 2.
Author: Robert T. Stephan
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Languages : en
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The State Board of Education lawfully may adopt rules and regulations governing the certification of teaching, administrative and other supportive personnel in unified school districts, relying upon its constitutional authority and disregarding any statutory authority or lack thereof. The legislature may not prescribe, amend, modify, or otherwise alter the content of such rules and regulations. Although the procedures prescribed in K.S.A. 77-415 e̲t̲ s̲e̲q̲. do not apply to regulations issued by the State Board of Education pursuant to the authority possessed by the State Board under Article 6, Section 2(a) of the Kansas Constitution, the State Board would be well advised to adopt similar procedures in order to provide adequate notice and opportunity for hearing. Cited herein: K.S.A. 1980 Supp. 77-415 (as amended by L. 1981, ch. 365, section 1), K.S.A. 1980 Supp. 77-421 (as amended by L. 1981, ch. 324, section 33), Kan. Const., Art. 2, section 1, Art. 6, sections 1, 2.
Author: Robert T. Stephan
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Languages : en
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Federal revenue sharing moneys received by a local government may be expended for any programs or projects which are authorized by either state statute or local ordinance, as long as procedural requirements established by the State and Local Fiscal Assistance Act, 31 U.S.C. section 1221 e̲t̲ s̲e̲q̲., are also met.
Author: Curt Thomas Schneider
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Languages : en
Pages : 2
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1) Receipt and use of money obtained through the G.I. Bill for educational purposes does not conflict with K.S.A. 74-2113 if the superintendent of the Highway Patrol authorizes said activities through written permission. 2) Receipt and use of money obtained through Law Enforcement Education Program for educational purposes does not conflict with K.S.A. 74-2113 if the superintendent of the Highway Patrol authorizes receipt of said funds through written permission.
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.
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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The legislature has provided for two official ballots for the election of officers at general elections. One such official general ballot contains the names of candidates for national and state offices, and the other contains the names of candidates for county and township officers. Thus, where a candidate's name is printed or written once on each of such ballots it does not contravene the statutory prohibition against a candidate's name being printed more than once on a ballot, or being written elsewhere on a ballot where it is printed. In order to avoid absurd and unreasonable consequences, and in order to effectuate an obvious legislative intent to separate the listing of candidates for state and national offices from the candidates for county and township offices, such provisions must be construed as applying with equal force and effect in those counties which use voting machines. Cited herein: K.S.A. 25-601, K.S.A. 1980 Supp. 25-604, 25-605, 25-605a, 25-613, 25-614, 25-616, 25-617, 25-618, K.S.A. 25-1318, 25-1320, 25-1343, 25-2905, 25-3003, 25-3103, 25-3801.
Author: Robert T. Stephan
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Languages : en
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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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Under the provisions of K.S.A. 1980 Supp. 22-4504 (as amended by L. 1981, ch. 157, sec. 1), the board of supervisors of panels to aid indigent defendants is empowered to adopt rules and regulations concerning the ability of a defendant in a criminal action to retain counsel to assist in his defense. Such rules and regulations specifically relate to the income, assets and anticipated costs of representation of a defendant. Pursuant to the 1981 amendment, such rules and regulations are controlling on any determination by a judge or magistrate as to whether a defendant is financially unable to employ counsel. Moreover, these rules and regulations are adopted in accordance with K.S.A. 77-415 e̲t̲ s̲e̲q̲., thus allowing the legislature to modify or reject them through the adoption of a concurrent resolution (K.S.A. 1980 Supp. 77-426). Insofar as the making of indigency determinations involves the resolution of questions of fact, which is a judicial and not a legislative function, control by the legislature over such determinations is an impermissible interference with the authority of another department of government. Accordingly, those provisions of L. 1981, ch. 157 which require the submission of such rules and regulations to the legislature and which make any rules and regulations so adopted binding on district courts are unconstitutional as violative of the separation of powers doctrine. Cited herein: K.S.A. 1980 Supp. 22-4501, 22-4504 (as amended by L. 1981, ch. 157, section 1), 22-4507, K.S.A. 22-4512, K.S.A. 1980 Supp. 22-4514, 77-415 (as amended by L. 1981, ch. 157, section 3), Kansas Constitution, Article 3, Section 1, United States Bill of Rights, Sixth Amendment, Fourteenth Amendment.
Author: Robert T. Stephan
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Languages : en
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The statutory requirements for the execution of deeds and other instruments for the conveyance of a corporation's real property or an interest therein are prescribed by K.S.A. 17-6003(g). As long as there is compliance with such requirements, provisions in the corporation's bylaws requiring execution of such instruments by officers of the corporation in addition to those specified in said statute are permissible. However, failure to comply with these bylaw requirements does not, as a general rule, affect the validity of a conveyance made in compliance with the statutory requirements. Cited herein: K.S.A. 17-6003, K.S.A. 1980 Supp. 17-6009, G.S. 1868, ch. 23, section 38.
Author: Robert T. Stephan
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Languages : en
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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.
