Attorney General Opinion No. 1981-267 PDF Download
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Author: Robert T. Stephan
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Amounts paid by a city to its salaried employees are "official public records" and subject to public access pursuant to K.S.A. 1980 Supp. 45-201 e̲t̲ s̲e̲q̲. In addition, records indicating the amount of each salary check making payment to city employees are available for public inspection as required by K.S.A. 10-1117. Cited herein: K.S.A. 10-1117, K.S.A. 1980 Supp. 45-201, 75-1122.
Author: Robert T. Stephan
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Languages : en
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Amounts paid by a city to its salaried employees are "official public records" and subject to public access pursuant to K.S.A. 1980 Supp. 45-201 e̲t̲ s̲e̲q̲. In addition, records indicating the amount of each salary check making payment to city employees are available for public inspection as required by K.S.A. 10-1117. Cited herein: K.S.A. 10-1117, K.S.A. 1980 Supp. 45-201, 75-1122.
Author: Robert T. Stephan
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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.
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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Languages : en
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To be consistent with requirements of the United States Constitution, the provisions of K.S.A. 72-5393 can, and must, be construed as neither requiring nor authorizing the provision of therapeutic psychological and speech and hearing services, at public expense and by public employees, on parochial school premises. Instead, said provisions must be construed as requiring that such services be provided at the "truly religiously neutral locations" specified in the statute, i.̲e̲.̲, in the public schools of the school district, in public centers, or in mobile units located off the parochial school premises. Cited herein: K.S.A. 72-5392, 73-5393, U.S. Const., Amend. I, XIV.
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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Languages : en
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Moneys deposited in the state treasury and credited to the "forestry, fish and game commission fee fund" are not custodial moneys within the meaning of the State Moneys Law, K.S.A. 75-4201 e̲t̲ s̲e̲q̲. Interest earned on such moneys must be credited to the state general fund, pursuant to the provisions of K.S.A. 75-4210a. Cited herein: K.S.A. 1980 Supp. 2-205; K.S.A. 2-2609, 8-267; K.S.A. 1980 Supp. 44-712; K.S.A. 49-420, 65-423, 72-6110, 74-3304, 75-3615, 75-3712; K.S.A. 1980 Supp. 75-4201; K.S.A. 75-4202, 75-4210a, 75-4252, 75-4255, 76-6a05, 76-6a06.
Author: Robert T. Stephan
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Languages : en
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Prearranged gatherings of a majority of a quorum of a city governing body with local special interest groups may constitute meetings subject to the Kansas Open Meetings Act when the purpose of the gathering is the discussion of issues of concern to the governing body. Cited herein: K.S.A. 75-4317, 75-4317a, K.S.A. 1980 Supp. 75-4318, L. 1981, Ch. 344.
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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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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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city councilman and municipal judge in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 15-204, 15-209.
