Attorney General Opinion No. 1985-019 PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Attorney General Opinion No. 1985-019 PDF full book. Access full book title Attorney General Opinion No. 1985-019 by Robert T. Stephan. Download full books in PDF and EPUB format.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
K.S.A. 14-1302 provides, in part, that no member of the board of commissioners of a second class city may hold any other city office. That prohibition does not, however, preclude a city commissioner from becoming a candidate for the office of mayor. K.S.A. 1984 Supp. 25-2110 provides, in part, that any person desiring to become a candidate for a city office elected at large must file a statement of candidacy w̲i̲t̲h̲ ̲t̲h̲e̲ ̲c̲i̲t̲y̲ ̲c̲l̲e̲r̲k̲ before the filing deadline. The requirement that the statement be filed with the city clerk is mandatory, and a person who files a statement of candidacy (for a city office) with the county election officer may not have his or her name placed on the ballot. Cited herein: K.S.A. 14-1302, 25-308, K.S.A. 1984 Supp. 25-2110.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
K.S.A. 14-1302 provides, in part, that no member of the board of commissioners of a second class city may hold any other city office. That prohibition does not, however, preclude a city commissioner from becoming a candidate for the office of mayor. K.S.A. 1984 Supp. 25-2110 provides, in part, that any person desiring to become a candidate for a city office elected at large must file a statement of candidacy w̲i̲t̲h̲ ̲t̲h̲e̲ ̲c̲i̲t̲y̲ ̲c̲l̲e̲r̲k̲ before the filing deadline. The requirement that the statement be filed with the city clerk is mandatory, and a person who files a statement of candidacy (for a city office) with the county election officer may not have his or her name placed on the ballot. Cited herein: K.S.A. 14-1302, 25-308, K.S.A. 1984 Supp. 25-2110.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
The common law doctrine of incompatibility of offices does not preclude one person from simultaneously holding the offices of deputy sheriff and mayor of a third class city having the mayor-council form of government. Cited herein: K.S.A. 15-301, 15-308, K.S.A. 1984 Supp. 19-805, K.S.A. 19-812, 19-813.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
A county commission may, pursuant to K.S.A. 19-15,114 e̲t̲ s̲e̲q̲., acquire a public building by purchase when it determines that such public building is necessary to be used for any public county purpose. General obligation bonds may be issued to furnish the funds for such acquisition, provided that if the amount of the bonds exceeds $300,000, approval of the voters must be obtained through a special election. While K.S.A. 19-212, F̲i̲r̲s̲t̲, and K.S.A. 19-15,117 authorize a county commission to permit the use of county buildings for other than public purposes, the consumption of alcholic liquor in public places is regulated by K.S.A. 41-719, with that statute prohibiting such consumption upon property owned by a governmental subdivision of the state such as a county. However, in that the provisions of K.S.A. 41-719 are non-uniform in their application, a county may, under its home rule authority (K.S.A. 19-101 e̲t̲ s̲e̲q̲.), charter out from the provisions of K.S.A. 41-719. While consumption of alcoholic liquor is still subject to the provisions of K.S.A. 41-2602, the operation of a licensed private club in the leased premises would comply with the statute and avoid a violation of the ban on the operation of an open saloon. Cited herein: K.S.A. 19-212; 19-15,114; 19-15,115; K.S.A. 1984 Supp. 19-15,116; K.S.A. 19-15,117; 41-719; 41-803; 41-2602; Kan. Const. Art. 15, section 10.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Pursuant to K.S.A. 1984 Supp. 19-4611(a) and (d), the board of trustees of a county hospital may contract with a corporation for the lease and management of the facility. Under the terms of an agreement between the Scott County Hospital Board of Trustees and the Great Plains Health Alliance, Inc., an operating fund is maintained through the use of tax money derived from a county mill levy. Accordingly, such a fund contains "hospital moneys," as that term is defined by K.S.A. 1984 Supp. 19-4601(d). Under K.S.A. 1984 Supp. 19-4608(c), as amended, "hospital moneys" are deemed to be public moneys, and are subject to the pledging requirements of K.S.A. 1984 Supp. 9-1402, as amended. Therefore, moneys contained in the operating fund of Scott County Hospital are subject to the provisions of K.S.A. 1984 Supp. 9-1402 as amended. Cited herein: K.S.A. 1984 Supp. 9-1402, as amended by 1985 House Bill No. 2122; K.S.A. 9-1407; K.S.A. 1984 Supp. 19-4601; 19-4606; 19-4608, as amended by 1985 House Bill No. 2467; 19-4611.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
A petition prepared and filed pursuant to K.S.A. 72-8801 must meet the requirements of K.S.A. 25-3601 e̲t̲ s̲e̲q̲. Since the petition submitted for our examination does not state any question in terms of an election, such petition would be invalid if filed in the present form. Cited herein: K.S.A. 25-3601; K.S.A. 1985 Supp. 25-3602; K.S.A. 72-8801.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
K.S.A. 1984 Supp. 19-4601 e̲t̲ s̲e̲q̲. establishes procedures whereby a county commission may create a board of trustees to oversee the management and control of the county hospital. While the board is subject to resolutions of the county commission [K.S.A. 1984 Supp. 19-4610(a)], such control is no greater than that possessed by the commission over any other county office, and extends to matters of county-wide concern such as civil service. Decisions concerning specific matters in the hospital, as well as procedural questions such as by-laws, are vested in the board of trustees by statute, and cannot be pre-empted by the county commission. Cited herein: K.S.A. 1984 Supp. 19-4605; 19-4607; 19-4610; 19-4611.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
No portion of the proceeds of general obligation bonds issued under the provisions of K.S.A. 1984 Supp. 19-4603 and 19-4606 may be used as operating capital for a county hospital. Cited herein: K.S.A. 10-117, K.S.A. 1984 Supp. 19-4603, 19-4606.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
The acquisition and development of real property as an industrial site or park is a legitimate exercise of a county's power of local legislation or home rule as provided in K.S.A. 19-101 and K.S.A. 1984 Supp. 19-101a, as amended by 1985 Senate Bill No. 326. County funds acquired pursuant to K.S.A. 19-4101 e̲t̲ s̲e̲q̲., may only be utilized for programs related to economic development. The acquisition and development of an industrial site or park would appear to be such a program. However, any expenditure of public funds must have a demonstrable relationship to a program of economic development and must satisfy the public purpose doctrine. Cited herein: K.S.A. 12-1741b, as amended by 1985 House Bill No. 2383; 12-3801; 12-3802; 19-101; K.S.A. 1984 Supp. 19-101a, as amended by 1985 Senate Bill No. 326 ; K.S.A. 19-3801; 19-4101; 19-4102; 19-4103.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Under K.S.A. 19-1029 a district coroner may take possession of a̲n̲y̲ p̲r̲o̲p̲e̲r̲t̲y̲ important to the determination of the cause of death in any case in which the law requires the coroner to be notified of the death. This statutory language is sufficiently broad to include records maintained by an ambulance service if such records are important to determining the cause of death. Cited herein: K.S.A. 19-1029; 19-1030; 19-1031; 19-1032.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
In a city of the second class with the commission manager form of government which is governed by K.S.A. 14-1305, a person appointed to fill a vacancy in the office of commissioner holds office only until the "next city election," at which time someone shall be elected to fill the unexpired term if any portion of the term remains. Under Kansas case law, "next city election" is the next ensuing election at which city officers are elected. This conclusion is not altered even though a vacancy occurs after the filing deadline for a candidates seeking city office. The unexpired term should appear on the ballot of the next ensuing city election regardless of the fact no one was able to file as a candidate for the office according to the regular procedures governing the conduct of city elections. Cited herein: K.S.A. 12-1006; 12-1017; 12-1020; 14-1305; K.S.A. 1984 Supp. 25-2101; K.S.A. 25-2102; 25-2103; K.S.A. 1984 Supp. 25-2108a; 25-2110; K.S.A. 25-2118; R.S. 19-203 (1923).
