Attorney General Opinion No. 1993-028 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Under the circumstances and for reasons described herein K.S.A. 75-37,102 may properly be utilized to purchase insurance as prescribed by K.S.A. 74-4718. Cited herein: K.S.A. 74-4717; 74-4718; 74-4719; 74-4720; 74-4721; 75-3738; 75-3739; K.S.A. 1992 Supp. 75-3740; K.S.A. 75-37,102.
Author: Robert T. Stephan
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Languages : en
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Under the circumstances and for reasons described herein K.S.A. 75-37,102 may properly be utilized to purchase insurance as prescribed by K.S.A. 74-4718. Cited herein: K.S.A. 74-4717; 74-4718; 74-4719; 74-4720; 74-4721; 75-3738; 75-3739; K.S.A. 1992 Supp. 75-3740; K.S.A. 75-37,102.
Author: Robert T. Stephan
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Languages : en
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The board of Coffey county commissioners may consider on a case-by-case basis whether county officials are entitled to the payment of attorney fees for their defense in a criminal action. Cited herein: K.S.A. 1993 Supp. 19-101a; K.S.A. 19-212; 19-229.
Author: Robert T. Stephan
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Languages : en
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Where a filing otherwise complies with the requirements of K.S.A. 61-2701 e̲t̲ s̲e̲q̲., the board of county commissioners may authorize representation of the county in small claims proceedings by a full-time salaried employee other than the county attorney. Cited herein: K.S.A. 19-101; 19-212; 19-701; 61-2701; K.S.A. 1989 Supp. 61-2703; 61-2704; 61-2707; K.S.A. 77-201.
Author: Robert T. Stephan
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Languages : en
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With one limited and inapplicable exception, Congress has preempted the area of railroad safety including drug testing. Accordingly, state and local law enforcement officials may not conduct drug testing of railroad employees following a grade crossing accident. Cited herein: U.S. Const., art. VI, cl. 2; 45 U.S.C. sec. 421, 434.
Author: Robert T. Stephan
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Languages : en
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A participating member of a rural water district created pursuant to K.S.A. 82a-612 et seq. is defined as an individual, firm, partnership, association or corporation which owns land located within a district and which has subscribed to one or more benefit units of such district. The organizations which meet this definition must (in accordance with the statutes and bylaws under which they are organized) designate an officer, agent or employee as an eligible voter in district meetings. The designees may additionally serve on the board of directors in the same manner that any other participating member qualifies to do so. Cited herein: K.S.A. 82a-612; 82a-617; 82a-618.
Author: Robert T. Stephan
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Languages : en
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A city of the first class utilizing a commission-manager form of government can use its home rule power to enact an ordinance establishing term limitations for its commissioners. Cited herein: K.S.A. 12-1001; 12-1003; 12-1005e, 12-1006; 12-1007; 12-1017; 13-1501; 13-1801; 13-1802; 13-1804; 13-1805; 13-1806; 13-1807; 13-1808; 13-1810; Kan. Const., art. 12, sec. 5.
Author: Robert T. Stephan
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Languages : en
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If a public record is not closed or its use limited, a public agency may only require a written request, advance payment of prescribed fees and proof of the requestor's identity prior to granting access to or copies of such open public records. A public agency may adopt procedures designed to safeguard public records and minimize disruption of public business and may supply a form for requesting records as a means of facilitating the process. However, the agency may not require that a written request for an open public record be made in a certain form prior to granting access to or copies of such records. However, if the requested record's use is limited pursuant to K.S.A. 21-3914 or K.S.A. 1991 Supp. 45-221, a public agency may also require a notarized statement attesting to the matters set forth in K.S.A. 45-220(c)(1) or (2). Cited herein: K.S.A. 21-3914; 45-215; 45-217; 45-219; 45-220; K.S.A. 1991 Supp. 45-221; K.S.A. 53-101.
Author: Curt Thomas Schneider
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Languages : en
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The use of codes to transmit non-conviction data for investigative or intelligence purposes by voice over the radio appears to be a reasonable precaution to be taken and within the guidelines set forth by the Department of Justice regulations governing the dissemination of criminal history record information as defined therein.
Author: Robert T. Stephan
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Languages : en
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County officers and employees are not exempt from the provisions of K.S.A. 74-7001 et seq. The technical professions act applies to county officers and employees who perform work that falls under the definitions in the act and who are not otherwise exempt. Furthermore, it is our opinion that the term "corporations" as used in K.S.A. 74-7035(d), does not include municipal corporations such as counties and cities. Cited herein: K.S.A. 74-7001; 74-7003; 74-7031; 74-7032; 74-7034; 74-7035; 74-7038.
Author: Robert T. Stephan
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Languages : en
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The cash basis and budget laws apply only to subdivisions of the state authorized by law to raise money by taxation. A board of directors of a city library established pursuant to K.S.A. 12-1219 et seq. has no authority to raise money by tax; therefore, the fiscal affairs of such board are not subject to either the cash basis or budget laws. Cited herein: K.S.A. 10-1101; 10-1102; 10-1103; 10-1113; 12-1219; 12-1220; 12-1225; 79-2925.
