Attorney General Opinion No. 1991-064 PDF Download
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Author: Robert T. Stephan
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The southeast Kansas library system (SEKLS) may charge non-taxed participating libraries for services the SEKLS renders to those participating members except as otherwise provided by state and federal appropriation conditions. Cited herein: K.S.A. 75-2550; 75-2551; K.A.R. 54-1-21.
Author: Robert T. Stephan
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The southeast Kansas library system (SEKLS) may charge non-taxed participating libraries for services the SEKLS renders to those participating members except as otherwise provided by state and federal appropriation conditions. Cited herein: K.S.A. 75-2550; 75-2551; K.A.R. 54-1-21.
Author: Robert T. Stephan
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A member of the board of education for a unified school district does not make or participate in the making of a contract when casting a vote on a resolution urging the legislature to adopt or defeat proposed legislation. Therefore, such action does not constitute a statutory conflict of interest. Further, a member of the board is not prohibited by the conflict of interest statutes from voting on matters affecting students attending schools in the district despite the fact that children of the member of the board may be among those students affected. Cited herein: K.S.A. 1990 Supp. 25-4302; 25-4320, as amended by L. 1991, ch. 104, section 2; K.S.A. 25-4329; 75-4301 (repealed, L. 1990, ch. 306, section 24); K.S.A. 1990 Supp. 75-4301a; 75-4303a; 75-4304.
Author: Robert T. Stephan
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K.S.A. 19-101b does not specifically provide a format for a petition demanding that a resolution of a county be submitted to a vote of the electors. Therefore, such a petition must meet the requirements of K.S.A. 25-3602. The petition must clearly state the question which petitioners seek to bring to an election and each circulator must sign a verification at the end of each set of documents which that circulator carried. It is not necessary for each and every document to contain a separate verification. The verification must be accompanied by an oath or affirmation of the circulator stating to the effect that the circulator has personally witnessed the signatures contained on the documents. In lieu of an oath or affirmation, the verification may be accompanied by the statement contained in K.S.A. 1989 Supp. 53-601. However, state statute does not require that the verification be notarized. Cited herein: K.S.A. 12-688 (repealed, L. 1986, ch. 173, section 85); K.S.A. 19-101b; K.S.A. 1989 Supp. 25-3601; K.S.A. 25-3602; K.S.A. 1989 Supp. 53-601; K.S.A. 54-101; 79-5036.
Author: Robert T. Stephan
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Languages : en
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As stated in Attorney General Opinion No. 79-108, no statute or common law doctrine exists which would preclude an individual employed by a unified school district as a teacher, substitute teacher, custodian, school bus driver, counselor, or referee of an athletic event from serving as a member of the board of education of the unified school district which employs the individual. Such individuals are permitted to vote on their contracts as a school board does not constitute a business or person under K.S.A. 1990 Supp. 75-4301a e̲t̲ s̲e̲q̲. K.S.A. 72-8202e prohibits an individual from receiving compensation for work or duties performed as a member of the board of education. The individual, however, may receive compensation for services performed as an employee of the unified school district. Cited herein: K.S.A. 72-7901; 72-8009; 72-8202e; K.S.A. 1990 Supp. 75-4301a; 75-4303a; 75-4304.
Author: Robert T. Stephan
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Those individuals whose contracts of employment may be voidable pursuant to K.S.A. 1990 Supp. 72-5412 are teachers, supervisors, principals, superintendents and other professional employees who are required to hold a teacher's or school administrator's certificate in any public school. Cited herein: K.S.A. 72-5410; 72-5411; K.S.A. 1990 Supp. 72-5412.
Author: Robert T. Stephan
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K.S.A. 1990 Supp. 25-4153a prohibits contributions (to legislators, candidates for legislative seats, and their committees) by registered lobbyists or political committees while the legislature is in session. This prohibition is not a violation of First Amendment rights of free speech and freedom of association. Cited herein: K.S.A. 1990 Supp. 25-4153a; U.S. Const., First Amend.
Author: Robert T. Stephan
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The funeral picketing act is content-neutral, leaves open ample alternative channels of communication and can be read to be narrowly tailored to serve a significant government interest. As such, it is a valid restriction on the time, place and manner of otherwise protected speech. Cited herein: 1992 Senate Bill No. 626, section 4; U.S. Const., Amend. I.
Author: Robert T. Stephan
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Neither Kansas statutes nor the common law doctrine of incompatibility of offices prohibits an individual from simultaneously serving as county treasurer and member of the board of education of a unified school district. Cited herein: K.S.A. 1990 Supp. 12-1922; K.S.A. 19-505; 19-506; 19-506a; 19-507; 19-508a; 19-508b; 19-509; 19-510; 19-515; 19-516; 19-520; 19-524; K.S.A. 1990 Supp. 19-547; K.S.A. 72-8201; 72-8202b; 72-8202c; 72-8202d; 72-8202e; 72-8204a; 72-8205; 72-8209; K.S.A. 1990 Supp. 72-8801.
Author: Robert T. Stephan
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Short of legislative directive indicating how CURB should contract for professional services, CURB should comprise its negotiating committee pursuant to the general statute, K.S.A. 75-3799. Cited herein: K.S.A. 1990 Supp. 66-1222, 66-1225, as amended by L. 1991, ch. 205 sections 1 and 2; K.S.A. 66-1513; 75-3799.
Author: Carla J. Stovall
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Because the mortgage registration fee is a tax on property, mortgages tendered for filing by a city would be exempt from payment of the mortgage registration fee if the mortgage instrument is used exclusively by the state, a municipality or political subdivision of the state. Cited herein: K.S.A. 1995 Supp. 79-201 a; 79-3102; 79-3606.
