Attorney General Opinion No. 1986-130 PDF Download
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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.
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.
Author: Robert T. Stephan
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K.S.A. 1985 Supp. 16-301 regulates the payment for funeral services and burial merchandise before they are actually needed and received. It does not preclude the contracting and payment for consulting services which are rendered immediately. Thus, a seller of merchandise or services is free to immediately deliver consulting or planning services, and receive payment in a lump sum or by installments, notwithstanding the provisions of K.S.A. 16-301 e̲t̲ s̲e̲q̲., if a separate contract is entered into providing for those services, and for payment. Cited herein: K.S.A. 1985 Supp. 16-301; 16-320 e̲t̲ s̲e̲q̲.; 16-321.
Author: Robert T. Stephan
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Securities issued by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association, and certificates of deposit in the Kansas funds for Kansas farmers and small businesses program are not inherently improper investments of money in the state freeway fund. Cited herein: K.S.A. 17-5004; 58-3601; 58-3606; K.S.A. 1988 Supp. 59-3019; K.S.A. 1988 Supp. 68-2311, as amended by L. 1989, ch. 48, section 89; K.S.A. 1988 Supp. 74-4921; 75-4201, as amended by L. 1989, ch. 48, section 104; L. 1986, ch. 331, section 1; 12 U.S.C.S. section 1719(e).
Author: Robert T. Stephan
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Kansas laws pertaining to driving under the influence of alcohol allow conviction when the accused's blood or breath alcohol test (BAT) registers less than .10 as long as other supporting evidence is available. A conviction under a similar statute in another state may be considered for sentencing purposes. Cited herein: K.S.A. 1985 Supp. 8-1005; 8-1567.
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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Where there are three simultaneous vacancies on the city council of a third class city, the mayor must appoint an elector to fill the first vacancy with the consent of the two remaining council members. Thereupon, that appointee having taken office, the mayor should proceed to fill the second vacancy, with the consent of a majority of all council members (including the member just appointed), and so on, until all vacancies are filled. Cited herein: K.S.A. 15-105, 15-201.
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.
Author: Robert T. Stephan
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Any law enforcement officer may execute an arrest warrant within the officer's jurisdictions. Cited Herein: K.S.A. 19-812a; K.S.A. 1985 Supp. 22-2202, as amended by L. 1986, ch. 133, 150; K.S.A. 22-2305; K.S.A. 1985 Supp. 22-2401a.
Author: Robert T. Stephan
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The Kansas Open Records Act, K.S.A. 1984 Supp. 45-215 e̲t̲ s̲e̲q̲., does not require that a city employee disclose names and addresses derived from city records to a person who the employee knows intends to use such names and addresses for a commercial purpose. Such disclosure is specifically prohibited by K.S.A. 1984 Supp. 21-3914. Any person who receives a list of such names and addresses for the purpose of selling or offering to sell any property or service to listed persons may be found guilty of a misdemeanor. Cited herein: K.S.A. 1984 Supp. 21-3914; 45-221.
Author: Robert T. Stephan
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K.S.A. 75-4319 provides that any motion to recess for a closed or executive session must include a statement of both the justification for closing the meeting and the subjects to be discussed. A public body adjourning to executive session pursuant to the exception for "personnel matters" must specify the subject to be discussed with a reasonable degree of specificity, although identification of the particular individual or individuals involved need not be made. Cited herein: K.S.A. 75-4317; 75-4319.
