Attorney General Opinion No. 1982-049 PDF Download
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Author: Robert T. Stephan
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The mayor of a city of the third-class having the mayor-council form of government is not precluded by statute or by the common-law doctrine of incompatibility of offices from also performing the functions of a dog catcher, when such duties are vested in him by city ordinance and do not result in any additional compensation being paid to him. Cited herein: K.S.A. 15-301, 15-1402, 15-1407, 15-1502.
Author: Robert T. Stephan
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The mayor of a city of the third-class having the mayor-council form of government is not precluded by statute or by the common-law doctrine of incompatibility of offices from also performing the functions of a dog catcher, when such duties are vested in him by city ordinance and do not result in any additional compensation being paid to him. Cited herein: K.S.A. 15-301, 15-1402, 15-1407, 15-1502.
Author: Robert T. Stephan
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Financial statements of public grain elevator operators filed pursuant to K.S.A. 1982 Supp. 34-228 are documents of public record, available for public inspection pursuant to K.S.A. 1982 Supp. 45-201. Confidential information contained in such statements which is closed by law may be deleted from an otherwise public document. Cited herein: K.S.A. 1982 Supp. 34-228, K.S.A. 34-229, K.S.A. 1982 Supp. 45-201, K.A.R. 1982 Supp. 25-1-1.
Author: Robert T. Stephan
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Although K.S.A. 21-3725 and 21-3726 prohibit all persons from manipulating or tampering with railroad traffic signal devices, railroad personnel are excused from complying with said statutes when they are required to manipulate such devices to conduct operational tests in accordance with federal regulations. Cited herein: K.S.A. 21-3725, 21-3726, 49 C.F.R. section 217.9.
Author: Robert T. Stephan
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The legislature intended that the term "noneconomic loss," found in K.S.A. 1990 Supp. 65-34,126 and not otherwise defined, have the meaning commonly accorded it and as defined by case law interpreting generally similar statutes. Cited herein: K.S.A. 1990 Supp. 65-34,100; 65-34,102; 65-34,126.
Author: Robert T. Stephan
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As amended by L. 1982, ch. 144, section 5, K.S.A. 1981 Supp. 8-1567 provides that a person convicted of a violation of the offense of operating a motor vehicle while under the influence of alcohol may be required to perform public or community service work as an alternative to incarceration or payment of a fine. In assigning the work to be performed, a judge or court services division would be exercising judicial and discretionary functions, respectively, and would be exempt from liability under the Tort Claims Act, K.S.A. 1981 Supp. 75-6101 e̲t̲ s̲e̲q̲. However, as noted by Attorney General Opinion Nos. 81-98 and 82-157, the recipient organization (including local governments and non-profit corporations) may be liable for injuries and damages inflicted or suffered by persons acting within the scope of their designated community service duties. Cited herein: K.S.A. 1981 Supp. 8-1567 (as amended by L. 1982, ch. 144, section 5), K.S.A. 21-4610, K.S.A. 1981 Supp. 75-6102, 75-6104.
Author: Robert T. Stephan
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Neither K.S.A. 12-1222 nor the common law doctrine of incompatibility of offices precludes a person from simultaneously being the county register of deeds and a member of a city's library board. Cited herein: K.S.A. 12-1218 and 12-1222.
Author: Robert T. Stephan
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As amended by L. 1982, ch. 144, K.S.A. 1981 Supp. 8-1567 contains new provisions for the sentencing of persons who are convicted of operating a vehicle while under the influence of alcohol. Additionally, the act amends K.S.A. 1981 Supp. 8-1001 to admit into evidence the defendant's refusal to take a chemical test for the presence of alcohol. While the act does not specifically provide that these changes will apply only to offenses committed after its effective date of July 1, 1982, such a result is necessary in view of the substantive, as opposed to merely procedural, nature of these two amendments. Accordingly, the above-referenced amendments are applicable only to offenses committed after the effective date of the act. Cited herein: K.S.A. 1981 Supp. 8-1001, 8-1567, both as amended by L. 1982, ch. 144, K.S.A. 21-3102, 22-4618.
Author: Robert T. Stephan
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The procedure prescribed by K.S.A. 1978 Supp. 22-4704 for the adoption of rules and regulations by the Director of the K.B.I. in connection with criminal history record information does not conflict with the provisions of K.S.A. 77-415 e̲t̲ s̲e̲q̲., prescribing the general procedure for promulgation of administrative rules and regulations; nor does it represent a separate and exclusive procedure. Thus, rules and regulations adopted by the Director to implement K.S.A. 1978 Supp. 22-4701 e̲t̲ s̲e̲q̲. must comply with the provisions of K.S.A. 1978 Supp. 22-4704 and K.S.A. 77-415 e̲t̲ s̲e̲q̲.
Author: Robert T. Stephan
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During the 1982 session of the Legislature, both Senate Bill Nos. 559 and 595 were enacted into law. As each of the two measures contains a section amending K.S.A. 16a-2-401, they should, if possible, be considered together in order to give effect to both. In that they alter different subsections of the statute, the two measures are not in conflict. Even though the changes made by S.B. No. 595 are not reflected in S.B. No. 559, K.S.A. 16a-2-401 may be read to include the changes made by both acts. Cited herein: K.S.A. 16a-2-201, 16a-2-401, 1982 Senate Bill No. 559, 1982 Senate Bill No. 595.
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 manager and city treasurer in a city of the second class having a commission-manager form of government. Cited herein: K.S.A. 12-1001, 12-1011, 12-1014, 12-1024.
