Attorney General Opinion No. 1981-247 PDF Download
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Author: Robert T. Stephan
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Languages : en
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A proposed merger of two or more savings and loan associations must be approved at an annual or special meeting of each of such associations by an affirmative vote of 51% of the shares of each association represented at such meeting in person or by proxy. Such proposal need not be approved by 51% of all shares of each such association. Cited herein: K.S.A. 17-5521, 17-5541.
Author: Robert T. Stephan
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Languages : en
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A proposed merger of two or more savings and loan associations must be approved at an annual or special meeting of each of such associations by an affirmative vote of 51% of the shares of each association represented at such meeting in person or by proxy. Such proposal need not be approved by 51% of all shares of each such association. Cited herein: K.S.A. 17-5521, 17-5541.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1981 Supp. 75-4319(b) authorizes legislative and executive bodies or agencies subject to the Kansas Open Meetings Act to conduct an executive session or recess for the purpose of "consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship." However, the attorney-client privilege may not be invoked if the attorney is not present, or if persons, other than the attorney and his or her agents, are parties to the communication. Moreover, the communication must be confidential in character and be so regarded by the governmental body or agency. Cited herein: K.S.A. 60-426, 75-4317, K.S.A. 1981 Supp. 75-4319.
Author: Robert T. Stephan
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Languages : en
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An attorney is not precluded from holding the office of county counselor where the attorney's spouse owns the official county newspaper, however, a county counselor serving pursuant to county resolution and fulfilling the duties of K.S.A. 19-247 is a public officer who must file a written report of substantial interest as provided by K.S.A. 75-4301 e̲t̲ s̲e̲q̲. Such statement must include ownership interests of the officer's spouse as required by K.S.A. 75-4301 and K.S.A. 75-4304, prohibits an officer from participating in the making of any contract in which he or she has a substantial interest. However, normally, the county counselor will not participate in the designating of or contracting with, local newspapers to publish official county documents. Cited herein: K.S.A. 12-1651, 12-1651a, K.S.A. 1980 Supp. 19-101a, K.S.A. 19-101b, 19-103, 19-227, 19-247, 64-108, 75-4301, 75-4304, 75-4305.
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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There are no statutory obstacles to a member of the board of education of a unified school district simultaneously holding either of the offices of county attorney or municipal judge of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude either of such simultaneous incumbencies. Cited herein: K.S.A. 19-702, 19-704, 19-705.
Author: Oklahoma. Attorney-General's Office
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Category : Attorneys general's opinions
Languages : en
Pages : 352
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Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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On and after July 1, 1981, if a member of a board of education abstains from voting on an issue without having previously announced a conflict of interest with regard to the issue, said board member shall be counted as having voted against the motion or resolution. Cited herein: K.S.A. 72-8205, as amended by 1981 H.B. 2474, section 1; K.S.A. 72-8230.
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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An attorney who has been appointed to any board, commission or authority of a city is a "public officer" under K.S.A. 12-1601, and is therefore precluded from representing a client in any litigation or controversy in which the city is interested, either directly or indirectly. This preclusion extends to even those matters which do not involve the particular body to which the individual has been appointed, but does not include other members of a law firm of which he or she may be a part. Cited herein: K.S.A. 12-1601, 12-1602.
