Attorney General Opinion No. 1994-119 PDF Download
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Author: Robert T. Stephan
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Languages : en
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The petition submitted to the city of Lawrence and setting forth a proposed ordinance establishing term limitations does not fulfill the requirements of K.S.A. 25-3602 and is, therefore, invalid because it does not state the question which the petitioners seek to bring to an election. The proposed ordinance establishing term limitations contains both legislative and administrative provisions and, therefore, is not a proper subject of an initiative petition and may not be submitted to a referendum. The severability clause is ineffective to sever the administrative provision from the legislative provision. A proposed ordinance which establishes term limitations will not affect a Lawrence city ordinance establishing terms of office because a term limitation acts as a qualification for running for office. Cited herein: K.S.A. 12-1001; 12-1006; 12-1017; 12-3013; 13-1501; 25-620; 25-3602.
Author: Robert T. Stephan
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Languages : en
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The petition submitted to the city of Lawrence and setting forth a proposed ordinance establishing term limitations does not fulfill the requirements of K.S.A. 25-3602 and is, therefore, invalid because it does not state the question which the petitioners seek to bring to an election. The proposed ordinance establishing term limitations contains both legislative and administrative provisions and, therefore, is not a proper subject of an initiative petition and may not be submitted to a referendum. The severability clause is ineffective to sever the administrative provision from the legislative provision. A proposed ordinance which establishes term limitations will not affect a Lawrence city ordinance establishing terms of office because a term limitation acts as a qualification for running for office. Cited herein: K.S.A. 12-1001; 12-1006; 12-1017; 12-3013; 13-1501; 25-620; 25-3602.
Author: Carla J. Stovall
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Languages : en
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Unlike review of a public record in open meeting, executive session review of a public record by an entity subject to the Kansas open meetings act (KOMA) does not alter the nature of or laws applicable to disclosure of that record. The Kansas open records act (KORA) generally requires all public records to be open unless a specific law applies to that record in such a way as to require or allow closure of the public record in question. Whether or not a specific document fits the definition of a public record, or is subject to closure under a specific law, is a fact question which must be answered on a case by case basis. K.S.A. 1994 Supp. 45-221(a) and (b), 79-1437c and 79-1437f, as amended, should all be considered when reviewing a record that contains financial information provided to a county pursuant to taxing authority. Cited herein: K.S.A. 45-215; K.S.A. 1994 Supp. 45-217; 45-221, as amended by L. 1995, ch. 256, section 6; K.S.A. 75-4317; K.S.A. 1994 Supp. 79-4319, 79-1437c, as amended by L. 1995, ch. 252, section 25; 79-1437f.
Author: Robert T. Stephan
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Languages : en
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Law enforcement personnel may take a person who has attempted suicide and who refuses needed emergency medical treatment into temporary custody, at which time emergency medical services personnel may administer such treatment. In the absence of custody, emergency services personnel may, at their discretion, administer such treatment, and are immune from liability for negligent or wrongful acts or omissions under the provisions of the Tort Claims Act, K.S.A. 57-6101 e̲t̲ s̲e̲q̲., and K.S.A. 1984 Supp. 65-4307. Cited herein: K.S.A. 59-2902; 59-2908; 65-2891; K.S.A. 1984 Supp. 65-4307; K.S.A. 75-6104.
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1983 Supp. 22-4501 e̲t̲ s̲e̲q̲., the State Board of Indigent Defense Services has the authority to deny authorization of claims for compensation in cases where the attorneys seeking compensation were appointed without regard to the applicable system for providing legal services to indigent defendants as established by the board. Cited herein: K.S.A. 1983 Supp. 22-4501; 22-4503; 22-4507; 22-4522; 22-4523.
Author: Robert T. Stephan
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Languages : en
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The United States constitution has delegated to congress the power to determine the qualifications of its own members and to expel its members when necessary. Because this is a power reserved for the individual houses of congress, the tenth amendment of the United States constitution does not reserve to the states the authority to remove members of congress from office. K.S.A. 25-4301 et seq. are not applicable to members of congress. Cited herein: K.S.A. 25-4301; 25-4304; U.S. Const., art. 1, sec. 5, amend. 10.
Author: Robert T. Stephan
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Languages : en
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Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.
Author: Robert T. Stephan
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Languages : en
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The amnesty provisions of 1994 senate bill no. 459 do not violate the uniform and equal provisions of article 11, section 1 of the Kansas constitution, nor does the bill violate article 2, sections 16 and 17 or section 1 of the Kansas bill of rights. Cited herein: Kan. Const., art. 2, secs. 16, 17, art. 11, sec. 1, bill of rights, sec. 1; 1994 S.B. 459.
Author: Robert T. Stephan
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Languages : en
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Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.
Author: Robert T. Stephan
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Languages : en
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Because of the prohibition contained in K.S.A. 25-1904, a person may not concurrently serve as a member of the state board of education and a member of a local board of education. Cited herein: K.S.A. 25-1904.
Author: Robert T. Stephan
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A civil action filed pursuant to K.S.A. 1993 Supp. 60-3331 does not preclude a criminal prosecution. Cited herein: K.S.A. 1993 Supp. 60-3331.
