Attorney General Opinion No. 1988-148 PDF Download
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Author: Robert T. Stephan
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Pursuant to K.S.A. 75-4319(b)(4), a public body may recess into executive session to discuss confidential financial data or trade secrets. The open meetings act is to be interpreted broadly to give effect to the legislative intent that meetings of public bodies be accessible to the public; exceptions to the act must be construed narrowly. Thus, public bodies must take care to recess into executive session on the basis of K.S.A. 75-4319(b)(4) only when the topic of conversation clearly involves c̲o̲n̲f̲i̲d̲e̲n̲t̲i̲a̲l̲ financial data, or "trade secrets" as that term has been defined by Kansas courts. Cited herein: K.S.A. 60-3320; 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 75-4319, as amended by L. 1988, ch. 315, section 4.
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 75-4319(b)(4), a public body may recess into executive session to discuss confidential financial data or trade secrets. The open meetings act is to be interpreted broadly to give effect to the legislative intent that meetings of public bodies be accessible to the public; exceptions to the act must be construed narrowly. Thus, public bodies must take care to recess into executive session on the basis of K.S.A. 75-4319(b)(4) only when the topic of conversation clearly involves c̲o̲n̲f̲i̲d̲e̲n̲t̲i̲a̲l̲ financial data, or "trade secrets" as that term has been defined by Kansas courts. Cited herein: K.S.A. 60-3320; 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 75-4319, as amended by L. 1988, ch. 315, section 4.
Author: Robert T. Stephan
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Languages : en
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Because the Kansas Constitution does not define the term "merchants' and manufacturers' inventory" for purposes of the property tax exemption in article 11, section 1, it is appropriate to rely on common understanding of the terms at the time the constitutional provision was adopted, and the statutory definitions contained in K.S.A. 1988 Supp. 79-201m. The scope of these definitions does not include real estate, such as houses constructed on-site for later sale. Therefore, such property is not eligible for the merchants' and manufacturers' inventory exemption from property tax under article 11, section 1. Cited herein: K.S.A. 79-102; K.S.A. 1988 Supp. 79-201m, as amended by L. 1989, ch. 289, section 1; Kan. Const., Art. 11, section 1.
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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An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law. Cited herein: K.S.A. 20-119; 20-120, 20-123; 20-124; 20-125; 20-127; Supreme Court Rule 705.
Author: Curt Thomas Schneider
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Languages : en
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Under K.S.A. 60-2311(a), an employee may not be discharged due to multiple garnishments received by the employer for not more than three debts. Venue for prosecution under that section lies in the county where the discharge was effected, and personnel of the employer residing in other jurisdictions who initiated the decision may be prosecuted in any county in which venue is proper under K.S.A. 22-2607.
Author: Robert T. Stephan
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Languages : en
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A local government cannot be held liable for a violation of civil rights by its agents under 42 U.S.C. section 1983 on the basis of a respondeat superior theory. Local governments are liable only when execution of a government policy or custom inflicts the injury. Cited herein: K.S.A. 1987 Supp. 8-116a; 42 U.S.C. section 1983.
Author: Curt Thomas Schneider
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Languages : en
Pages : 2
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There is no legal basis for refund of a filing fee to a person who paid such fee and filed a declaration of intent to become a candidate for a public office which is subsequently abolished as an elective position.
Author: Robert T. Stephan
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The issue of whether there has been a violation of the Voting Rights Act or the Fourteenth and Fifteenth Amendments to the United States Constitution in utilizing at large or multi-member electoral systems is a question of fact. Relevant factors a court will consider in making such a factual determination are set forth in this opinion. Cited herein: 42 U.S.C.A. section 1973a.
Author: Robert T. Stephan
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Languages : en
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The land surveyors' licensing statute, K.S.A. 1987 Supp. 74-2044, is constitutional as a valid exercise of the police powers of the state. The exemption from examination found in subsection (b) of this statute is within the discretion of the governing body and evidences an attempt to not unduly burden engineers currently practicing land surveying under their engineering license. In addition, unless mandated by statute, the Board of Technical Professions, as the administrative agency, is under no obligation to provide notice of statutory changes to those affected by the legislation. Cited herein: K.S.A. 1987 Supp. 74-7022, K.S.A. 74-7034 (Ensley 1985), Kan. Const., Art. 2, sections 18.
Author: Robert T. Stephan
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1988 Substitute for House Bill No. 2219 does not violate Art. 2, section 16 of the Kansas Constitution which prohibits a bill from containing more than one subject. The Kansas courts have ruled that a statute should not be declared invalid under this provision unless invalidity is manifest. It is not clearly manifest that H.B. 2219 contains more than one subject, as both bills that were combined in the final version of H.B. 2219 concern animal welfare. None of the circumstances for which Art. 2, section 16 was designed to prevent are present in this case. Further, the title of H.B. 2219 clearly expresses the subject matter and gives fair notice of the content of the bill as constitutionally required. Cited herein: K.S.A. 1987 Supp. 21-1213; 1988 Substitute for House Bill No. 2219; Kan. Const. Art. 2, section 16.
