Attorney General Opinion No. 1988-011 PDF Download
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Author: Robert T. Stephan
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Kansas recognizes employment at will principles which allow either party to terminate employment, absent a contract that otherwise provides. However, the doctrine of employment at will is not absolute. For instance, Kansas law restricts employment termination in cases involving discrimination, civil service, veterans, or retaliation. Public employees may have additional protections pursuant to employee manuals, established policies or adoption of the Kansas public employer-employee relations act. Absent the applicability of the aforementioned exceptions, or denial of a constitutionally protected right, the Coffey County board of county commissioners, in the interest of protecting county property, has the authority to terminate employment of an at will employee who has been convicted of felony theft. Cited herein: Preamble; K.S.A. 19-101 F̲o̲u̲r̲t̲h̲ and F̲i̲f̲t̲h̲; 19-212; 19-801 e̲t̲ s̲e̲q̲.; 44-1001 e̲t̲ s̲e̲q̲.; 68-504; 73-201 e̲t̲ s̲e̲q̲.; 75-2925 e̲t̲ s̲e̲q̲.; 75-4929f(b); U.S. Const., Amend. XIV section 1; U.S. Const.
Author: Robert T. Stephan
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Category :
Languages : en
Pages :
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Book Description
Kansas recognizes employment at will principles which allow either party to terminate employment, absent a contract that otherwise provides. However, the doctrine of employment at will is not absolute. For instance, Kansas law restricts employment termination in cases involving discrimination, civil service, veterans, or retaliation. Public employees may have additional protections pursuant to employee manuals, established policies or adoption of the Kansas public employer-employee relations act. Absent the applicability of the aforementioned exceptions, or denial of a constitutionally protected right, the Coffey County board of county commissioners, in the interest of protecting county property, has the authority to terminate employment of an at will employee who has been convicted of felony theft. Cited herein: Preamble; K.S.A. 19-101 F̲o̲u̲r̲t̲h̲ and F̲i̲f̲t̲h̲; 19-212; 19-801 e̲t̲ s̲e̲q̲.; 44-1001 e̲t̲ s̲e̲q̲.; 68-504; 73-201 e̲t̲ s̲e̲q̲.; 75-2925 e̲t̲ s̲e̲q̲.; 75-4929f(b); U.S. Const., Amend. XIV section 1; U.S. Const.
Author: Robert T. Stephan
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Residency for reapportionment of state senatorial and representative districts is established by statute. Persons who are citizens of a country other than the United States are deemed to be residents of the country in which which they hold citizenship. Those persons are not to be enumerated in the Kansas census unless they obtain United States citizenship as well as establish legal residence in this state prior to the time of enumeration. The resulting distinction between citizens and non-citizens does not impermissibly dilute the power of an individual's vote, and does not therefor deny equal protection. Cited herein: K.S.A. 1987 Supp. 11-204, as amended by L. 1988, ch. 67, section 2; K.S.A. 1987 Supp. 11-205; Kans. Const., Art. 10, section 1.
Author: Robert T. Stephan
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The willful neglect of duty or misconduct by a member of a governing body in authorizing improper expenditures from a restricted fund may constitute grounds for ouster pursuant to K.S.A. 60-1205. Such neglect of duty or misconduct may also be grounds for recall under the provisions of K.S.A. 1987 Supp. 25-4302. Cited herein: K.S.A. 12-1617i; K.S.A. 1987 Supp. 25-4302; K.S.A. 60-1205; Kan. Const., Art. 11, section 5.
Author: Robert T. Stephan
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Property which is leased for profit to a business for use for purposes enumerated in article 11, section 13 of the Kansas Constitution is not property used exclusively for those purposes and thus is not qualified for the tax exemption authorized by that provision. The legislature may, however, statutorily authorize such an exemption. Cited herein: K.S.A. 79-201 (1973); 79-201b (1979); Kan. Const., Art. 11, sections 1, 13.
Author: Robert T. Stephan
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Pursuant to K.S.A. 1987 Supp. 19-101a(a)(11) and 19-101b, Kingman county may adopt a charter resolution to avoid applicability of all or part of K.S.A. 19-262. Cited herein: K.S.A. 10-1101 e̲t̲ s̲e̲q̲., K.S.A. 1987 Supp. 19-101a, 19-101b, K.S.A. 19-262, 79-2925 e̲t̲ s̲e̲q̲.
Author: Robert T. Stephan
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L. 1988, ch. 29, sec. 8 does not apply to the purchase of an office building by Sedgwick county with monies received through the community corrections grant program. Cited herein: K.S.A. 75-5290; L. 1988, ch. 29, sec. 8; L. 1988, ch. 32, sec. 2; K.A.R. 44-11-123.
Author: Robert T. Stephan
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K.S.A. 1988 Supp. 22-3717(e)(2) and 75-5210a, provisions establishing the use of program agreements for inmates placed in the custody of the secretary of corrections, apply only to inmates incarcerated after the effective date of the enactment of which those two statutes are a part. The types of "programs" required are to be determined by the secretary of corrections, consistent with pertinent legislation. Cited herein: K.S.A. 1988 Supp. 22-3717; K.S.A. 75-5210; 75-5210a; K.S.A. 1988 Supp. 75-5211; K.S.A. 75-5267, K.S.A. 1988 Supp. 75-52,117; L. 1988, ch. 3079, section 11.
Author: Robert T. Stephan
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Legislation defining "land devoted to agricultural use" to include land subject to the federal conservation reserve program is an appropriate implementation of article 11, section 12 of the Kansas Constitution, and therefore such land may properly be classified as land devoted to agricultural use pursuant to article 11, section 1 of the constitution. Cited herein: K.S.A. 1987 Supp. 79-1476, as amended by L. 1988, ch. 377, section 14; Kan. Const., Art. 11, sections 1, 12; 16 U.S.C.A. sections 3801, 3831, 3832, 3833 (West Supp. 1988).
Author: Robert T. Stephan
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No conflict exists between Kansas and federal statutes regarding the distribution of money obtained from forfeiture of property in cases involving controlled substances. The state forfeiture statute is not applicable to cases brought in federal court; rather, the federal provisions apply. Cited herein: K.S.A. 65-4135, 21 U.S.C. section 881.
Author: Robert T. Stephan
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The purchase of machinery and equipment used by a utility in the production of electricity is subject to taxation under the Kansas retailers' sales tax act unless it is exempted pursuant to L. 1988, ch. 386, sections 3(mm) or is purchased for installation at a qualified business facility located within an enterprise zone and which qualifies for an income tax credit under K.S.A. 1987 Supp. 79-32,153, as amended. The service of installing such machinery and equipment is taxable under the sales tax act unless purchased for installation at a qualified business facility as described above, or unless it is installed in connection with the original construction of a facility as defined by K.S.A. 1987 Supp. 79-3603(p)(3), as amended. The machinery and equipment used exclusively by a municipality in the operation of an electric utility is exempt from property tax, while the machinery and equipment of a privately owned and operated electric utility is generally subject to such taxation unless included within an economic development exemption granted pursuant to article 11, section 13 of the Kansas Constitution or is purchased with IRB moneys or is otherwise exempted due to extenuating circumstances. Cited herein: K.S.A. 79-101, K.S.A. 1987 Supp. 79-201a; K.S.A. 79-5a01; K.S.A. 1987 Supp. 79-32,153; 79-32,154, as amended by L. 1988, ch. 99, sections 60; K.S.A. 1987 Supp. 79-3602, as amended by L. 1988, ch. 386, sections 1; K.S.A. 1987 Supp. 79-3603, as amended by L. 1988, ch. 386, sections 2; K.S.A. 1987 Supp. 79-3606, as amended by L. 1988, ch. 386, sections 3; Kan. Const., Art. 11, sections 1, 13.
