Attorney General Opinion No. 1986-019 PDF Download
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Author: Robert T. Stephan
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Languages : en
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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
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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
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K.S.A. 19-4103 authorizes expenditure of county moneys for programs related to economic development. The buying and selling of real estate for industrial sites is a legitimate exercise of a county's power of home rule as provided in K.S.A. 19-101 and K.S.A. 1985 Supp. 19-101a. Thus, a county which has established an economic development program under K.S.A. 19-4101 e̲t̲ s̲e̲q̲. may engage in the buying and selling of real estate for industrial sites for economic development, as long as said expenditure: (1) has a demonstrable relationship to the program, and (2) satisfies the public purpose doctrine. Similarly, a county may award cash grants to industries as inducements to locate in a particular county, as long as the expenditure meets both of the abovementioned requirements. Finally, a county may exercise the power of eminent domain to acquire lands for industrial sites, insofar as this power is authorized expressly by K.S.A. 19-3801 or by implication through home rule and K.S.A. 19-4103. Cited herein: K.S.A. 1985 Supp. 12-1741b, 12-1744a, 12-1744b; K.S.A. 19-101; K.S.A. 1985 Supp. 19-101a; K.S.A. 19-3801, 19-3802, 19-3803, 19-4101, 19-4102, 19-4103; 1986 Senate Bill No. 494; 1986 House Bill No. 2769.
Author: Robert T. Stephan
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Languages : en
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"K.S.A. 1985 Supp. 19-805(b) authorizes a sheriff, in his or her discretion, to require staff attendance at meetings and seminars which the sheriff determines to be beneficial to the operation of the office, within the limits of the sheriff's budget as approved by the county commissioners. In view of the discretionary nature of the activity, the expenditures authorized under subsection (b) are subject to the general rule that the authority and responsibility for county expenditures is vested in the board of county commissioners. A policy of "shared discretion" could effectively reconcile the interests of the sheriff and the commissioners in regard to this statute, if the commissioners would approve a specific sum in the sheriff's budget each year to be expended for attendance at meetings and seminars. In this way, the sheriff could exercise his or her authority under the statute within the limits of the approved budget without seeking prior approval from the commissioners. Cited herein: K.S.A. 19-212; 19-229; K.S.A. 1985 Supp. 19-805; 74-5607a."
Author: Robert T. Stephan
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K.S.A. 19-4001 provides that community mental health centers established by counties shall be organized, operated and financed according to the provisions of K.S.A. 19-4001 e̲t̲ s̲e̲q̲. Given this statutory mandate, all money provided for the purposes of this act must be handled in strict compliance with the provisions of K.S.A. 19-4003. K.S.A. 19-4003(a) specifies that funds collected under the provisions of this act shall be paid over to the treasurer of the governing board of the mental health center. Further, this subsection states that the governing board shall have exclusive control over the expenditures of all moneys paid to the credit of its treasurer. Accordingly, the Johnson County Mental Health Center board is prohibited from using the Johnson county administrative structure to manage its funds and perform its payroll and accounts payable functions. Cited herein: K.S.A. 19-4001; K.S.A. 19-4002, as amended by L. 1986, ch. 98, section 1; 19-4003.
Author: Robert T. Stephan
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K.S.A. 19-202 requires each member of the board of county commissioners to be a qualified elector and a resident of the district within the county that he or she represents. Such residency requirement is a continuing, as well as a preliminary qualification for the office. Accordingly, the office of county commissioner automatically becomes vacant upon the commissioner's moving to another commissioner district, even if his or her new residence is still located within the county in which said commissioner was elected to serve. Furthermore, a board of county commissioners has the authority to rearrange its commissioner districts by county resolution, as long as the commissioners comply with the broad guidelines for redistricting contained in K.S.A. 19-204 and Kansas case law. The statute requires the board of commissioners to divide the county into commissioner districts which are "as compact and equal in population as possible." Additionally, the Kansas Supreme Court has imposed the requirement that the integrity of the boundaries of voting precincts be maintained. Absent an intentional abuse of discretion, if a county adheres to these guidelines in rearranging its county commissioner districts, the commissioners may re-draw the commissioner district boundary lines as they see fit. Cited herein: K.S.A. 19-202; 19-204; 19-2608, repealed, L. 1976, ch. 129, section 1; K.S.A. 1985 Supp. 77-201, as amended by L. 1986, ch. 211, section 39; Gen. Stat. 1915, section 2539; Kan. Const., Art. 4, section 2; Art. 5, section 1.
Author: Robert T. Stephan
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Languages : en
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A person holding the office of sheriff has charge and custody of the county jail and all prisoners confined therein (K.S.A. 19-811), and is required to keep a calendar (roster) containing, in̲t̲̲e̲r̲ a̲l̲i̲a̲, the names of all persons who are committed, the cause of their commitment and the authority that committed them (K.S.A. 19-1904). Where a city police officer commits a prisoner to the county jail, the sheriff may require the officer to complete a form which provides information necessary to maintain a jail calendar. Cited herein: K.S.A. 19-811, 19-1904, K.S.A. 1985 Supp. 19-1930.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Robert T. Stephan
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A county may not exempt itself by charter resolution from limitations imposed by K.S.A. 1985 Supp. 19-1322, subsection (a), which establishes limits on the tax the clerk of the district court shall impose as a filing fee for the benefit of the county law library. Such resolution would violate the limitation placed on the home rule powers a county is authorized to exercise under K.S.A. 1985 Supp. 19-101a, subsection (a)(3), that "counties may not affect the courts located therein." Cited herein: K.S.A. 19-101; K.S.A. 1985 Supp. 19-101a; K.S.A. 19-1310; K.S.A. 1985 Supp. 19-1322; K.S.A. 20-101; Kan. Const., Art. 3, section 1; Art. 12, section 5.
Author: Robert T. Stephan
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The failure of county voters to approve a proposition to issue general obligation bonds of the county pursuant to subsection (c) of K.S.A. 1985 Supp. 19-15,116 to finance construction of a new county jail does not effect the exercise of the authority granted to the board of county commissioners in subsection (d) of the same statute. Thus, the board of county commissioners may continue to levy a tax authorized by a resolution adopted pursuant to subsection (d) to create a building fund for a new county correctional facility. Similarly, the board of county commissioners may issue general obligation bonds of the county, as authorized by subsection (d), for the same purpose. In subsections (c) and (d) of K.S.A. 1985 Supp. 19-15,116 the legislature has given Kansas counties two separate authorizations for the issuance of general obligation bonds to finance the construction and improvement of county public buildings. The failure of a prerequisite election under subsection (c) does not prevent the county from issuing duly authorized bonds for the same purpose under subsection (d). In subsection (d) the legislature has given a board of county commissioners due authority to issue general obligation bonds of the county, as limited therein, without submitting the proposition to a vote of the county electorate. Cited herein: K.S.A. 19-15,114; K.S.A. 1985 Supp. 19-15,116; K.S.A. 19-1901.
Author: Robert T. Stephan
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Immunity granted by a county attorney pursuant to a plea bargaining agreement is not necessarily binding on another county attorney. Evidence independent of that testified to by the defendant may be used by another county attorney in a prosecution of the defendant. Cited herein: K.S.A. 1985 Supp. 19-702; K.S.A. 22-3415.
