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Author: Robert T. Stephan
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Languages : en
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The intent of the Kansas statutes authorizing the mayor-council form of municipal government is that the office of mayor is separate and distinct from the members of the council. Under the Kansas Open Meetings Act a meeting is defined as a prearranged gathering of a majority of a quorum for the purpose of discussing the business of the governing body. A "majority of a quorum" is the smallest number of members of the governing body that can take official action. In accordance with the intent of the Kansas statutes and the purpose of the KOMA, we conclude that the "membership of the body" in a mayor-council form of municipal government does not include the mayor for purposes of determining the minimum number of persons that can constitute a meeting. Cited herein: K.S.A. 15-106; 15-201; K.S.A. 1985 Supp. 15-204; K.S.A. 15-301; 15-310; 75-4317; 75-4317a.
Author: Robert T. Stephan
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The intent of the Kansas statutes authorizing the mayor-council form of municipal government is that the office of mayor is separate and distinct from the members of the council. Under the Kansas Open Meetings Act a meeting is defined as a prearranged gathering of a majority of a quorum for the purpose of discussing the business of the governing body. A "majority of a quorum" is the smallest number of members of the governing body that can take official action. In accordance with the intent of the Kansas statutes and the purpose of the KOMA, we conclude that the "membership of the body" in a mayor-council form of municipal government does not include the mayor for purposes of determining the minimum number of persons that can constitute a meeting. Cited herein: K.S.A. 15-106; 15-201; K.S.A. 1985 Supp. 15-204; K.S.A. 15-301; 15-310; 75-4317; 75-4317a.
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.
Author: Robert T. Stephan
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Under its police power, a state may reimburse itself for the cost of regulating and supervising a business by assessing the necessary expenses to the business which created the necessity for such regulation and supervision. Use of conservation fee fund monies for the prevention and cleanup of pollution from oil and gas activities regulated by the state corporation commission is sufficiently related to the regulatory function to make its use for such purposes a valid exercise of the police power. The conservation fee fund may be used to fund the study and cleanup of oil and gas pollution pursuant to section 37 of 1986 House Bill No. 3078 (K.S.A. 55-143, as amended by 1986, ch. 201, section 37), to the extent that such study and cleanup are reasonably related to those activities of the oil and gas industry which are regulated by the commission. Use of the conservation fee fund by the state corporation commission for those oil and gas activities it does not regulate (as authorized by K.S.A. 55-143, as amended by L. 1986, ch. 201, section 37, which references subsection (a)(2)(A)-of K.S.A. 65-171d, as amended by L. 1986, ch. 201. section 22), is contrary to the findings of the Kansas Supreme Court in P̲a̲n̲h̲a̲n̲d̲l̲e̲ ̲E̲a̲s̲t̲e̲r̲n̲ ̲P̲i̲p̲e̲l̲i̲n̲e̲ ̲v̲.̲ ̲F̲a̲d̲e̲l̲e̲y̲. Such use exacts revenue from the oil and gas industry under the guise of a regulatory fee in violation of article 11, section 1 of the Kansas Constitution, and the commerce clause and the Fourteenth Amendment of the United State Constitution. Cited herein: Kans. Const., Art. 11, section 1; U.S. Const., Fourteenth Amendment; K.S.A. 55-131; 55-143; 65-171d, as amended by L. 1986, ch. 33, section 10(f); L. 1986, ch. 201, sections 1, 2, 10, 17, 22, 28, 37, 39 and 40; and K.A.R. 28-41-1.
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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Pursuant to Article 14, Section 1 of the Kansas Constitution, the legislature may submit a constitutional amendment to a vote of the electors of Kansas by means of a concurrent resolution passed by both houses. A concurrent resolution adopted by the legislature during the 1985 session may be amended in the 1986 session, prior to being submitted to the voters in November, 1986. Alternatively, a separate concurrent resolution may be passed as a substitute for one earlier approved. In either event, the same requirements for passage must be met as were required for the initial resolution, namely two-thirds affirmative vote of the entire membership of both houses. Cited herein: L. 1985, ch. 348; Kansas Constitution, Art. 14, section 1.
Author: Robert T. Stephan
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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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A sheriff is prohibited from charging to the district court mileage and other expenses for service of process within the state of Kansas, which are in addition to those amounts credited by the clerk of the district court to the county general fund from the docket fee. However, pursuant to K.S.A. 1985 Supp. 28-110, which sets forth a schedule of fees to be charged by the sheriffs of all counties for various services, a sheriff may charge and collect mileage and other fees in all the courts of limited jurisdiction in this state. Furthermore, under the authority of K.S.A. 60-2001 and K.S.A. 60-2003, a sheriff is authorized to charge as costs to the respective district court mileage and other allowable expenses for serving process from the courts of other states. Cited herein: K.S.A. 1985 Supp. 28-110; K.S.A. 60-201; 60-2001; 60-2003, 1975 Senate Bill No. 505; 1974 Senate Bill No. 941.
Author: Robert T. Stephan
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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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A licensed dealer in motor vehicles may also be licensed to act as a broker for such vehicles, and solicit sales for vehicles delivered to him on consignment. Such a broker is accordingly a supplier under the Kansas Consumer Protection Act (KCPA), K.S.A. 50-623 e̲t̲ s̲e̲q̲., and any sale which he solicits is subject to the act. An implied warranty of merchantability attaches to the sale of any good when the seller is a merchant in goods of that kind, pursuant to the uniform Commercial Code, K.S.A. 84-2-104, 84-2-314. If the sale is also a consumer transaction under the KCPA, such implied warranty cannot be disclaimed. Therefore, the implied warranty of merchantability may not be disclaimed by a broker of motor vehicles, and any label or sticker which is required to be displayed by the Federal Trade Commission must reflect the existence of the warranty, and may not identify the transaction as an "As Is" sale. Cited herein: K.S.A. 50-623; 50-624; 50-627; 50-639; 84-2-104; 84-2-314; 84-2-316; L. 1976, ch. 236, section 1; 16 C.F.R. section 455.
Author: Robert T. Stephan
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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.
