Attorney General Opinion No. 1985-077 PDF Download
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Author: Robert T. Stephan
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Languages : en
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A corporation which is a partner in a general or limited partnership is not, in the absence of any further action, "doing business" in this state so as to require compliance with the provisions of K.S.A. 17-7301 e̲t̲ s̲e̲q̲., even though the partnership itself is authorized to do business in Kansas. However, if the corporation uses the partnership as a means of conducting its own business, it may be "doing business" as defined in K.S.A. 17-7303 and so be required to comply. Cited herein: K.S.A. 17-7303, 60-308.
Author: Robert T. Stephan
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Languages : en
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A corporation which is a partner in a general or limited partnership is not, in the absence of any further action, "doing business" in this state so as to require compliance with the provisions of K.S.A. 17-7301 e̲t̲ s̲e̲q̲., even though the partnership itself is authorized to do business in Kansas. However, if the corporation uses the partnership as a means of conducting its own business, it may be "doing business" as defined in K.S.A. 17-7303 and so be required to comply. Cited herein: K.S.A. 17-7303, 60-308.
Author: Robert T. Stephan
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Languages : en
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The Kansas law enforcement training act, K.S.A. 74-5601 e̲t̲ s̲e̲q̲., does not currently require that a person attending a training course be 21 years of age. However, a person cannot be certified by the commission or perform law enforcement functions until he or she reaches age 21. Cited herein: K.S.A. 1989 Supp. 74-5602; 74-5605; 74-5607a; 74-5616; 74-5616a; 74-5617; K.S.A. 74-5618; K.S.A. 74-5605a, repealed L. 1985, ch. 258, section 1; L. 1982, ch. 322, section 6; L. 1983, chs. 256, 257.
Author: Robert T. Stephan
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Languages : en
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Although the primary responsibility for the preservation of peace and the apprehension of persons suspected of violating the law is vested in the sheriff, the county attorney is the state's law officer and official relator in his county in respect to all matters of public concern where the state is or should be a participant in litigation. In order to fulfill the duties prescribed by statute the county attorney is authorized to obtain all available information regarding all criminal activities obtained by law enforcement agencies within the county.
Author: Curt Thomas Schneider
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Languages : en
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K.S.A. 19-214 requires that all contracts for the erection of county buildings be awarded on a public letting to the lowest responsible bidder. It does not apply, however, to the purchase of an existing structure by the board of county commissioners for county use. No charter resolution is necessary to exempt the transaction from the cited statute, accordingly, and purchase of the structure may be authorized by ordinary resolution.
Author: Carla J. Stovall
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Languages : en
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A city may not prohibit the use of its park for political advocacy activities or prohibit the distribution of handbills, pamphlets, posters or any other literature of a political nature as such restrictions violate the first amendment to the United States constitution because the prohibition constitutes a prior restraint on communication without narrow objective and definite standards. Furthermore, the exclusion of all political activity in a city park is a content-based exclusion which requires the city to establish that the exclusion is necessary to serve a compelling governmental interest and is narrowly drawn to achieve that interest. Finally, a city may impose reasonable restrictions on the time, place or manner of protected speech provided the restrictions are justified without reference to their content, are narrowly tailored to serve a significant city interest and leave open ample alternative channels for communication of information. Cited herein: U.S. Const., amend. 1.
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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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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Languages : en
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Sheriffs and their deputies may properly operate county-owned law enforcement vehicles outside the territorial boundaries of the county when exercising lawful jurisdiction outside such county or in carrying out the statutory duties of the sheriff. Cited herein: K.S.A. 19-212, 19-813, K.S.A. 1982 Supp. 22-2401a. K.S.A. 28-107b.
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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The potential of compromise of veterinarian inspectors by livestock market operators is precluded by proper application of K.S.A. 47-1008. K.S.A. 47-1008 mandates that veterinarians shall inspect all livestock of market operators prior to sale, and that the employment contract between the veterinarian and the operators must be approved by the Livestock Commissioner. To avoid a potential compromise of the veterinarian-employee by the operator-employer, the Commissioner may approve contracts which allow for veterinarian dismissal only for cause and with the Commissioner's approval. Cited herein: K.S.A. 47-1008; L. 1973, ch. 2, section 22.
