Attorney General Opinion No. 1990-063 PDF Download
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Author: Robert T. Stephan
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A sheriff may incur liability for confining a juvenile offender in jail, even when juvenile detention facilities are not available. However, local units of government may be held liable for releasing a juvenile offender who then proceeds to commit subsequent crimes. Cited herein: K.S.A. 1989 Supp. 38-1632; 42 USC section 5601, 42 USC section 5633.
Author: Robert T. Stephan
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Languages : en
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A sheriff may incur liability for confining a juvenile offender in jail, even when juvenile detention facilities are not available. However, local units of government may be held liable for releasing a juvenile offender who then proceeds to commit subsequent crimes. Cited herein: K.S.A. 1989 Supp. 38-1632; 42 USC section 5601, 42 USC section 5633.
Author: Robert T. Stephan
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State statute does not preclude a county election officer from concurrently serving as a county or state chairperson or vice-chairperson or as a national committeeperson of a political party. As such committee positions do not constitute public offices, the common law doctrine of incompatibility of offices is inapplicable. A county election officer is not precluded from concurrently serving as a county or state chairperson or vice-chairperson or as a national committeeperson of a political party. Cited herein: K.S.A. 19-301; 19-3419; 25-221 (repealed, L. 1972, ch. 129, sec. 12); 25-312, as amended by L. 1968, ch. 406, sec. 98; 25-2303; 25-2504; K.S.A. 1992 Supp. 25-3801; K.S.A. 25-3802 (repealed, L. 1990, ch. 131, sec. 1); 25-3803 (repealed, L. 1990, ch. 131, sec. 1); 25-3805 (repealed, L. 1990, ch. 131, sec. 1); 25-3808; 25-3901; K.S.A. 1992 Supp. 44-714; K.S.A. 74-2113; K.S.A. 1992 Supp. 75-2953; L. 1959, ch. 174, sec. 2;General Statutes of 1949, sec. 25-221, as amended by L. 1957, ch. 230, sec. 1; 5 U.S.C.A. sec. 1501.
Author: Robert T. Stephan
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Languages : en
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Possession of methamphetamine under the uniform controlled substances act, K.S.A. 65-4101 e̲t̲ s̲e̲q̲., is a class C felony as of July 1, 1990. Cited herein: K.S.A. 1990 Supp. 65-4107; 65-4127a; 65-4127b; 65-4127f; 65-4127g, as amended by 1991 House Bill No. 2365; 65-4159.
Author: Robert T. Stephan
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Languages : en
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County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601.
Author: Carla J. Stovall
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Whether adjudicated under the juvenile offenders code or prosecuted as adults, juveniles may not be fingerprinted subsequent to disposition unless fingerprinting is specifically authorized by a judge of the district court having jurisdiction. Cited herein: K.S.A. 1994 Supp. 21-2501; 21-2511, as amended by 1995 S.B. 333, section 1; 21-3301; 21-3501; 21-3505; 21-3508; 22-4701; K.S.A. 22-4705; 38-1601; K.S.A. 1994 Supp. 38-1602, 38-1611; L. 1991, ch. 92, section 1; L. 1992, ch. 143, section 1; K.A.R. 10-19-9.
Author: Robert T. Stephan
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All reasonable costs of the county attorney's assistance in representing the interests of the state in appeals and other post-conviction actions shall be allowed and must be paid by the county commissioners from the county general fund. The work performed in relation to post trial motions, such as reviewing sentencing reports and probation violation reports, are not representation of the state in appeals or post-conviction actions as contemplated by K.S.A. 22-3612. Further, when the county attorney appears in the court having jurisdiction within the county to prosecute or defend on behalf of the people, the county attorney is not entitled to supplemental payments pursuant to K.S.A 22-3612. Cited herein: K.S.A. 19-702; 22-3603; 22-3612; 60-1501; 60-1507.
Author: Carla J. Stovall
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Languages : en
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The doctrine of incompatibility of offices prevents the Chairman of the Pooled Money Investment Board from also serving as the Director of Investments where the Chairman was granted all powers necessary to perform the duties of the Director of Investments. Cited herein: K.S.A. 1996 Supp. 12-1677a; 12-3734; 40-3406; 44-712; K.S.A. 75-2935b; K.S.A. 1996 Supp. 75-4212a; 75-4221a; 75-4222; 75-4232; 75-4234; 75-4236; 1997 S.B. 282.
Author: Robert T. Stephan
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K.S.A. 50-703(c)(5) permits a consumer reporting agency to furnish a consumer report in circumstances involving a legitimate business need for the information in connection with a business transaction involving the consumer. A financial investigation into the assets of drug dealers by the criminal fraud unit of the division of alcoholic beverage control does not involve a consumer relationship or business transaction, and thus, K.S.A. 50-703(c)(5) does not allow a consumer reporting agency to furnish a consumer report for that purpose. Cited herein: K.S.A. 50-701; 50-703; 50-707; 15 U.S.C.S. section 1681b.
Author: Robert T. Stephan
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Memoranda written by school board staff and wherein opinions are expressed or policies and actions are proposed are not public records which must mandatorily be disclosed unless such memoranda are publicly cited or identified in an open meeting or in an agenda to an open meeting. Such citation or identification subjects the memoranda to mandatory disclosure, unless otherwise specifically prohibited by law. However, even if such citation or identification does not occur, unless information contained in the memoranda is specifically prohibited or restricted from disclosure by federal law, state statute or rule of the Kansas supreme court, it may nevertheless be discretionarily disclosed by the public agency. Cited herein: 20 U.S.C. section 1232g; K.S.A. 45-215; K.S.A. 1989 Supp. 45-221; K.S.A. 72-9005.
Author: Robert T. Stephan
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K.S.A. 1988 Supp. 79-1476 requires the director of property valuation to develop a classification system for all land devoted to agricultural use based on criteria established by the United States department of agriculture soil conservation service. Land is classified according to "quality" insofar as it is grouped by predicted production capability. The value of a particular tract of land may be further adjusted by the local appraiser to reflect adverse conditions peculiar to that tract. Cited herein: K.S.A. 1988 Supp. 79-1476; Kan. Const., Art. 11, sections 1, 12.
