Attorney General Opinion No. 1986-080 PDF Download
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Author: Robert T. Stephan
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As receiver of a failed bank, the FDIC, under the direction of the State Bank Commissioner, shall take charge of the bank, its assets and property, and liquidate the affairs and business thereof for the benefit of the bank's depositors, creditors and stockholders. The FDIC as receiver may sell or compound all bad and doubtful debts and sell all the property of the bank upon such terms as the district court shall approve. Cited herein: K.S.A. 9-1901; 9-1902; 9-1903; 9-1904, 9-1905; K.S.A. 1985 Supp. 9-1906; K.S.A. 9-1907; 9-1912; 9-1913.
Author: Robert T. Stephan
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Languages : en
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As receiver of a failed bank, the FDIC, under the direction of the State Bank Commissioner, shall take charge of the bank, its assets and property, and liquidate the affairs and business thereof for the benefit of the bank's depositors, creditors and stockholders. The FDIC as receiver may sell or compound all bad and doubtful debts and sell all the property of the bank upon such terms as the district court shall approve. Cited herein: K.S.A. 9-1901; 9-1902; 9-1903; 9-1904, 9-1905; K.S.A. 1985 Supp. 9-1906; K.S.A. 9-1907; 9-1912; 9-1913.
Author: Robert T. Stephan
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The ability of a Kansas police officer to arrest an individual in another state for a traffic infraction or misdemeanor committed in Kansas depends on the Uniform Law on Fresh Pursuit adopted by the state in which the arrest is to be made. The procedure to be followed pursuant to a lawful arrest also depends largely on the laws of the state in which the arrest is made. In general, Kansas law enforcement officials in fresh pursuit may arrest in Colorado for any crime, whereas they may arrest in Missouri, Nebraska and Oklahoma only on the ground that the individual is believed to have committed a felony in Kansas. Cited herein: K.S.A. 8-1568; K.S.A. 1986 Supp. 8-2104; 21-3105; K.S.A. 22-2404; K.S.A. 1986 Supp. 22-2713; K.S.A. 22-2714; 22-2715; 22-2728.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 80-2522 provides that "any one or more political subdivisions desiring to be attached to and become a part of any hospital district ... may do so in the manner provided in this section." In that the statute contains no territorial limitations on a political subdivision which may wish to petition for attachment to an existing hospital district, a city may petition to be included in a hospital district when no part of the city is contiguous to or adjacent to any boundary of the hospital district. Cited herein: K.S.A. 80-2503; 80-2522; 80-2198, repealed L. 1984, ch. 374, section 35.
Author: Robert T. Stephan
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A township board member who is acting within his scope of employment is immune from liability for actions which fall within the exceptions to liability listed in K.S.A. 75-6104. The township is also immune from liability for such employee actions. In the event none of the exceptions apply, the township must provide a defense for the board member, if such defense is properly requested, and must indemnify the board member for any damages awarded as a result of the claim. The township is not, however, responsible for a board member who acts outside the scope of his employment or with actual malice or actual fraud, and need not indemnify or defend a board member if the board member does not cooperate in good faith in the defense of the claim. Liability is limited under the act to $500,000 per occurrence, and the township may, if it chooses, acquire insurance against such claims. K.S.A. 80-1109 provides the procedure required for consolidating townships. Cited herein: K.S.A. 75-6102, 75-6103, 75-6104, 75-6105, 75-6108, 75-6109, 75-6111, 75-6113, 80-1109.
Author: Robert T. Stephan
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Languages : en
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In all counties not operating under the county road unit system, the maintenance of township roads and the purchase of equipment necessary to perform such maintenance, is the duty of the township board. K.S.A. 68-526. For this purpose, the township board consists of the trustee, the treasurer and the clerk. Because these are township board functions, no one officer acting alone may substitute his authority for that reserved to the board. To the extent the language of K.S.A. 68-526 conflicts with the general duties delegated to the trustee pursuant to K.S.A. 80-301, the earlier language of K.S.A. 80-301 must be deemed to be repealed by implication. Cited herein: K.S.A. 68-101; 68-526; 68-530; 80-301; 80-401; 80-501.
Author: Robert T. Stephan
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K.S.A. 80-202 provides that a member of a township board must vacate such position in the event that he becomes a nonresident of such township. A member of the Topeka Township Board who becomes a nonresident due to annexation may not continue to serve on the board during the interim between the present date and January 1, 1987. Cited herein: K.S.A. 12-503a; 25-1602; 25-1606; 79-1807; 80-202.
Author: Robert T. Stephan
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While registration acts generally do not restrict the practice of a regulated profession, the legislature may by statute place limitations on the scope of practice. The legislative history of K.S.A. 1988 Supp. 65-5812(e) reflects the plain meaning and intent of the words used in this provision. Thus, registered professional counselors may not diagnose or treat mental illness or disease. Cited herein: K.S.A. 1988 Supp. 65-5001; 65-5801; 65-5802; 65-5803; 65-5812; 74-7507.
Author: Robert T. Stephan
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A township is given authority of condemnation for the purpose of acquiring cemetery property. However, condemnation is not a condition precedent to purchasing additional land. Cited herein: K.S.A. 12-1401; K.S.A. 80-101.
Author: Robert T. Stephan
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The joint water district is separate and distinct from other categories of water districts. As a municipality, yearly auditing of the board's accounts is required. Bonding of the board is not prescribed by statute. While liability insurance is not required, its purchase is optional. Cited herein: K.S.A. 40-3101; K.S.A. 1985 Supp. 40-3106; K.S.A. 75-1117; 75-1122; 75-6101; 75-6111; 80-1616; 80-1617; 80-1618, as enacted by L. 1984, ch. 108; 82a-617; 82a-621.
Author: Robert T. Stephan
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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.
