Attorney General Opinion No. 1986-077 PDF Download
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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.
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.
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: Robert T. Stephan
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Languages : en
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K.S.A. 75-4319(b)(2) authorizes public bodies subject to the Kansas Open Meetings Act (KOMA) to recess into an executive session for the purpose of "consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship ..." The term "consultation" as used in the KOMA necessarily implies the presence of an attorney. Even though a letter from an attorney to his client containing advice is a privileged communication, we must conclude that members of a public body cannot recess into an executive session to review and discuss among themselves a letter from their attorney. Therefore, it is our opinion that the "consultation with an attorney" exception to the open meetings law cannot be invoked unless the attorney for the body is present. Cited herein: K.S.A. 60-426; 75-4317; K.S.A. 1985 Supp. 75-4318(a); K.S.A. 75-4319.
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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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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A search warrant maybe issued by a district magistrate judge upon the sworn oral or written statement of a city attorney. Municipal law enforcement officers may execute such warrant, and property seized pursuant to the warrant may be admissible as evidence in a municipal court. However, K.S.A. 1985 Supp. 8-1001(f) precludes the use of a search warrant to obtain a blood sample from a person who has refused to submit to a blood, breath or urine test pursuant to that statute. An ordinance authorizing such procedure would be in conflict with the state statute prohibiting further testing after an informed refusal. Cited herein: K.S.A. 1985 Supp. 8-1001, as amended by L. 1986, ch. 40, section 2; K.S.A. 1985 Supp. 8-1005, as amended by L. 1986, ch. 41, section 1; K.S.A. 1985 Supp. 8-1567(m); K.S.A. 12-4504; K.S.A. 1985 Supp. 22-2202, as amended by L. 1986, ch. 133, section 1; K.S.A. 22-2502; 22-2503; 22-2507; L. 1986, ch. 40, section 1.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1985 Supp. 75-4318(b)(1) provides that if a request for notice of meetings subject to the Kansas Open Meetings Act (KOMA) is made by petition, notice is required to be given only to a designated person. We conclude that the request for notice submitted for our opinion constitutes a petition for purposes of the KOMA. Individual notice, therefore, is not required to be given to each person on the list. If individual requests for notice are made, however, notice must be given either in writing or by telephone to each person. We note that, if a public body has regularly scheduled meetings, the notice requirement is met by providing a single notice containing a list of such meetings. Additional notice must be given, however, of any changes or special meetings. Under the open meetings law a distinction is made between the requirements concerning notice and agenda. While notice must be f̲u̲r̲n̲i̲s̲h̲e̲d̲ to the person requesting it, K.S.A. 1985 Supp. 75-4318(b), an agenda must be m̲a̲d̲e̲ ̲a̲v̲a̲i̲l̲a̲b̲l̲e̲ to the requester if one is prepared, K.S.A. 1985 Supp. 75-4318(d). We affirm our previous opinion, No. 79-218, that a public body is not required to mail copies of an agenda if it can be obtained at a public place. Cited herein: K.S.A. 25-3601; 72-8801; 75-4317; K.S.A. 1985 Supp. 75-4318.
Author: Robert T. Stephan
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Languages : en
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A contest which requires a person to purchase a newspaper to obtain entry forms to participate constitutes a lottery and is illegal in Kansas. Cited herein: K.S.A. 21-4302.
Author: Robert T. Stephan
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K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, provides that the court retains jurisdiction over a person assigned to community corrections. Cited herein: K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, section 5.
