Attorney General Opinion No. 1994-127 PDF Download
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Author: Robert T. Stephan
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A personnel policy giving employees an option to reimburse cash shortages in lieu of incurring disciplinary action is in violation of K.S.A. 44-319. Cited herein: K.S.A. 44-313; 44-319; K.A.R. 49-20-1.
Author: Robert T. Stephan
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A personnel policy giving employees an option to reimburse cash shortages in lieu of incurring disciplinary action is in violation of K.S.A. 44-319. Cited herein: K.S.A. 44-313; 44-319; K.A.R. 49-20-1.
Author: Robert T. Stephan
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Records pertaining to an internal investigation of an agency's employee, disclosure of which would not interfere with a prospective administrative adjudication or civil litigation nor disclose the identity of a confidential informant, may nevertheless be discretionarily closed if they fit the definition of a personnel record set forth in K.S.A. 1990 Supp. 45-221, as amended. Unless specifically altered by law, the decision concerning how to exercise existing discretionary closure authority may be made by the official custodian or custodian of the record, as those terms are defined by K.S.A. 45-217(c) and (d). Cited herein: K.S.A. 45-215; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 11; K.S.A. 73-1207; K.S.A. 1990 Supp. 73-1208c; K.S.A. 73-1209.
Author: Robert T. Stephan
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Generally, criminal history record information is not open to the public and disclosure is restricted by statute. However, persons may request conviction records on individuals from a criminal justice agency, and the agency may discretionarily disclose the requested records. Cited herein: K.S.A. 1993 Supp. 22-4701; K.S.A. 22-4705; 22-4707; K.A.R. 1992 Supp. 10-11-1; 10-12-1; 10-12-2.
Author: Robert T. Stephan
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Under the provisions of K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16) and K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), a county attorney or city attorney is not prohibited from entering into a diversion agreement in lieu of further criminal proceedings if a defendant (charged with an alcohol related offense) has been convicted of or pleaded n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to a violation of an alcohol related offense in a state other than Kansas. However, a previous conviction in another state must be considered in determining whether diversion of a defendant is in the interest of justice. Cited herein: K.S.A. 1984 Supp. 8-1567 (as amended by L. 1985, ch. 50, section 5), K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16); L. 1983, ch. 37, section 2.
Author: Robert T. Stephan
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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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Law enforcement authorities are not required to obtain fingerprints from a person who is given a notice to appear for a municipal ordinance violation which would be the equivalent of a class A or B misdemeanor under state law. However, at that person's first court appearance or at some point before final disposition of the matter, it is the court's responsibility to ensure that fingerprints have been secured. Cited herein: K.S.A. 12-4113; K.S.A. 1993 Supp. 21-2501.
Author: Robert T. Stephan
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The Kansas county in which a Kansas corporation's headquarters are located and from which it conducts much of its business may be considered the corporation's domicile, and thus its residence, for purposes of K.S.A. 8-129 vehicle registration, unless its charter or articles of incorporation reflect a different domicile. Cited herein: K.S.A. 1993 Supp. 8-126; K.S.A. 8-127; 8-129; 8-149; 8-1,138.
Author: Robert T. Stephan
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Kansas law recognizes contractual guarantees between parent and wholly owned subsidiary corporations for the purpose of meeting the financial requirements of owners and operators of hazardous waste treatment, storage, and disposal facilities. However, the terms of the guarantee must be identical to the terms of 40 C.F.R. 264.151(h)(2). Cited herein: K.S.A. 17-6102; 40 C.F.R. secs. 264.147; 264.151; 265.147.
Author: Robert T. Stephan
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While some directives adopted by the director of property valuation to prescribe appraisal standards meet the definition of rules and regulations under the filing act, K.S.A. 77-415 et seq., promulgation pursuant to the filing act is not necessary to give such directives the force and effect of law when applied to county taxing officials. Cited herein: K.S.A. 1993 Supp. 77-415; K.S.A. 77-425; K.S.A. 1993 Supp. 79-505; K.S.A. 79-1401; 79-1403; K.S.A. 1993 Supp. 79-1404; K.S.A. 79-1456.
Author: Robert T. Stephan
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K.S.A. 8-128(a)(7) establishes an absolute ban upon the operation of all-terrain vehicles (ATVs) on federal and state highways, including any right of way. ATVs may be operated on public streets and alley ways of second or third class cities during daylight hours and during evening hours if equipped with lights as required for motorcycles. Also, ATVs may be operated on county and township roads pursuant to the same daylight restrictions. Pursuant to K.S.A. 1993 Supp. 8-235(a), an ATV may be operated only by a person with a valid driver's license. If an ATV has three wheels and qualifies as a "motorcycle" it may be operated two abreast pursuant to K.S.A. 8-1595(d). A three-wheeled ATV which qualifies as a "motorcycle" should be registered as such pursuant to K.S.A. 8-127. A person under the age of 18 who operates an ATV which is also a "motorcycle" must wear a helmet pursuant to K.S.A. 8-1598(a). An ATV with four wheels is a "passenger car" and should be registered as such pursuant to K.S.A. 8-127. An ATV is not a "slow-moving vehicle" and need not display an emblem identifying it as such. An ATV is not a "non-highway vehicle" as defined by K.S.A. 8-197. Cited herein: K.S.A. 1993 Supp. 8-126, as amended by L. 1994, ch. 235, sec.1; K.S.A. 8-127; 8-128, as amended by L. 1994, ch. 235, sec.2; K.S.A. 1993 Supp. 8-143; K.S.A. 8-197; K.S.A. 1993 Supp. 8-235; K.S.A. 8-236; K.S.A. 1993 Supp. 8-237; 8-239; K.S.A. 8-1402; 8-1439; 8-1522; 8-1595; 8-1598; 8-1717; 68-102; 68-413b.
