Attorney General Opinion No. 1985-050 PDF Download
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Author: Robert T. Stephan
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K.S.A. 1984 Supp. 65-516(a)(1), as amended by 1985 House Bill No. 2145, prohibits persons with certain felony convictions from working in a boarding home for children which is licensed by the department of health and environment. The statute contains no time limit upon such prohibition, with the result that a person having such a conviction is precluded from such employment for the remainder of his or her life. However, expungement of such convictions under K.S.A. 1984 Supp. 21-4619 is permitted, except in the case of boarding homes which are also detention facilities operated by a local or state criminal justice agency. The effect of expungement is to close the record of the felony conviction from public scrutiny, including that of the department of social and rehabilitation services, which is otherwise provided access to criminal history information concerning persons working in boarding homes for children. K.S.A. 1984 Supp. 65-516(d), as amended. The department of social and rehabilitation services is also authorized to validate reports of abuse or neglect by employees of such homes, pursuant to K.S.A. 1984 Supp. 65-516(a)(3), as amended, which process involves an investigation into the facts of the incident. In the event an incident is validated, an independent review may be made by the department of health and environment as the licensing agency. Cited herein: K.S.A. 1984 Supp. 21-4619; 22-4701; 38-1523; 41-311; 65-503; 65-516, as amended by 1985 House Bill No. 2145; K.S.A. 76-12a01.
Author: Robert T. Stephan
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Languages : en
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Book Description
K.S.A. 1984 Supp. 65-516(a)(1), as amended by 1985 House Bill No. 2145, prohibits persons with certain felony convictions from working in a boarding home for children which is licensed by the department of health and environment. The statute contains no time limit upon such prohibition, with the result that a person having such a conviction is precluded from such employment for the remainder of his or her life. However, expungement of such convictions under K.S.A. 1984 Supp. 21-4619 is permitted, except in the case of boarding homes which are also detention facilities operated by a local or state criminal justice agency. The effect of expungement is to close the record of the felony conviction from public scrutiny, including that of the department of social and rehabilitation services, which is otherwise provided access to criminal history information concerning persons working in boarding homes for children. K.S.A. 1984 Supp. 65-516(d), as amended. The department of social and rehabilitation services is also authorized to validate reports of abuse or neglect by employees of such homes, pursuant to K.S.A. 1984 Supp. 65-516(a)(3), as amended, which process involves an investigation into the facts of the incident. In the event an incident is validated, an independent review may be made by the department of health and environment as the licensing agency. Cited herein: K.S.A. 1984 Supp. 21-4619; 22-4701; 38-1523; 41-311; 65-503; 65-516, as amended by 1985 House Bill No. 2145; K.S.A. 76-12a01.
Author: Robert T. Stephan
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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
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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.
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 council member and county clerk. Cited herein: K.S.A. 79-1965, 79-5004.
Author: Robert T. Stephan
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The decision of the United States Supreme Court in R̲o̲e̲ ̲v̲.̲ ̲W̲a̲d̲e̲, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), permits a state to regulate or even prohibit abortion after the stage of viability, except where it is necessary, in appropriate medical judgment, to preserve the life or health of the mother. Such regulations must be narrowly tailored to fit the precise state interest at stake. As a result, attempts to specify a particular time during a pregnancy when viability occurs or to interfere with the judgment of the attending physician have been struck down as unconstitutional, although general prohibitions on post-viability abortions have been upheld. Cited herein: U.S. Const., Fourteenth Amend.
Author: Robert T. Stephan
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The abandonment of the commission form of government by a city of the second class does not invalidate city ordinances adopted under that form of government. Cited herein: K.S.A. 14-1807.
Author: Robert T. Stephan
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Under the provisions of K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16) and K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), a county attorney or city attorney is not prohibited from entering into a diversion agreement in lieu of further criminal proceedings if a defendant (charged with an alcohol related offense) has been convicted of or pleaded n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to a violation of an alcohol related offense in a state other than Kansas. However, a previous conviction in another state must be considered in determining whether diversion of a defendant is in the interest of justice. Cited herein: K.S.A. 1984 Supp. 8-1567 (as amended by L. 1985, ch. 50, section 5), K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16); L. 1983, ch. 37, section 2.
Author: Robert T. Stephan
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Under the provisions of K.S.A. 75-6116 (as amended by L. 1985, ch. 293, 11), the obligation of a city to pay attorneys fees incurred by a city officer in defending a civil rights action is subject to the conditions and limitations prescribed by K.S.A. 75-6108. Those conditions include the filing of a written request (within 15 days after service of process upon the employee) that the city provide for the defense of the employee. K.S.A. 75-6108(d) and (e). Where no such request is filed, a city is not liable for attorneys fees incurred by the employee; however, the city governing body may, in its discretion, pay attorneys fees notwithstanding the failure to file a written request. Cited herein: K.S.A. 75-6102, 75-6108; 75-6116; L. 1985, ch. 293, section 1.
Author: Robert T. Stephan
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No fee is authorized and no fee should be charged by a register of deeds when filing a judgment pursuant to K.S.A. 60-2201(b). Cited herein: K.S.A. 1984 Supp. 28-115; K.S.A. 60-2201.
Author: Robert T. Stephan
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K.S.A. 75-4304(a) prohibits public officers (which includes city council members) from making or participating in the making of contracts in which they have a substantial interest, but would not preclude a council member from voting on a motion concerning the payment of attorneys fees incurred by the council member in a civil action. However, under common law conflict of interest principles recognized in this state, a city council member is disqualified from making or voting on such a motion. Cited herein: K.S.A. 75-4301; 75-4304.
