Author: Robert T. Stephan
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Languages : en
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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
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Languages : en
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As a result of the decision in G̲a̲r̲c̲i̲a̲ ̲v̲̲.̲ ̲S̲a̲n̲ ̲A̲n̲̲t̲o̲n̲i̲o̲ ̲M̲e̲t̲r̲o̲p̲o̲l̲i̲t̲a̲n̲ ̲T̲r̲a̲n̲s̲i̲t̲ ̲A̲u̲t̲h̲o̲r̲i̲t̲y̲, the Dickinson County sheriff's department is subject to the federal Fair Labor Standards Act. Department employees who meet the qualifications of 29 C.F.R. section 553.4 are entitled to the exemption from overtime in 29 U.S.C.A. section 207(k) if the employer so elects. As the department has more than four employees who are law enforcement officers, it is therefore not eligible for the exemption in 29 U.S.C.A. section 213(b)(20). Law enforcement employees who are subject to section 7(k) may work a maximum of 171 hours in a 28 day pay period. Following April 15, 1985, overtime is required to be paid to such employees for any hours over this amount. Cited herein: 29 U.S.C.A. sections 201, 203, 206, 207, 213, 216, 217; K.S.A. 19-803, 44-1203, 44-1204; 29 C.F.R. sections 516, 531, 541, 553, 778, 785; U.S. Supreme Court Rule 51, 52.
Author: Curt Thomas Schneider
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Languages : en
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Board action directing the furnishing of a statement of reasons under section 3 of 1978 House Bill 2234 must be taken in open session under the Kansas open meeting law, K.S.A. 75-4317 et seq.
Author: Robert T. Stephan
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Languages : en
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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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Languages : en
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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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Languages : en
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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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Languages : en
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A city may, through the adoption of a valid charter ordinance, exempt itself from that part of K.S.A. 3-113 which requires an election prior to the issuance of airport improvement bonds. Cited herein: K.S.A. 3-113; Kan. Const., Art. 12, section 5, L.1979, ch. 52, sections 59-78.
Author: Robert T. Stephan
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Languages : en
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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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Languages : en
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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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Languages : en
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Public school buildings may not be used for optional student assemblies which include prayer, and reading and study of the Bible, and which are held immediately prior to the start of instruction at the school. Cited herein: U.S. Const., Amends. I, XIV.
