Attorney General Opinion No. 1996-075 PDF Download
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Author: Carla J. Stovall
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A pupil attending a private school does not possess a property interest in the yearly provision, free of charge, of auxiliary school services as enunciated under K.S.A. 72-5393. Amending the statute as proposed in 1996 senate bill no. 636 would not violate the due process clause of the fourteenth amendment to the United States constitution. Cited herein: K.S.A. 72-5392; 72-5393; 1996 senate bill no. 636; 20 U.S.C. section 1400; U.S. const., amend. XIV.
Author: Carla J. Stovall
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Languages : en
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A pupil attending a private school does not possess a property interest in the yearly provision, free of charge, of auxiliary school services as enunciated under K.S.A. 72-5393. Amending the statute as proposed in 1996 senate bill no. 636 would not violate the due process clause of the fourteenth amendment to the United States constitution. Cited herein: K.S.A. 72-5392; 72-5393; 1996 senate bill no. 636; 20 U.S.C. section 1400; U.S. const., amend. XIV.
Author: Carla J. Stovall
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Languages : en
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As a matter of law, a person who is not a "public employee" as defined by K.S.A. 75-4322(a) does not qualify as a representative of public employees for purposes of the act establishing the requirements for appointment to the public employee relations board. However, whether an individual appointed to the board is excluded from the definition of "public employee" as defined by K.S.A. 75-4322(a) is an issue of fact. An individual presently employed as director of human resources or personnel manager for a state agency is not necessarily excluded from the definition of "public employee" as a matter of law for purposes of the public employer-employee relations act. The appointee's status as a supervisory employee, a confidential employee, or a management official depends upon the particular duties and functions associated with the job rather than the position title or classification, and the issue is properly resolved on a case-by-case examination of the relevant facts and circumstances. The factual determination whether an appointee meets the statutory requirements for a particular position properly rests with the senate when the appointment is subject to senate confirmation. Cited herein: Kan. const., art. 2, section 18, art. 15, section 1; K.S.A. 75-4315b; 75-4321; 75-4322; K.S.A. 1995 Supp. 75-4323; K.S.A. 75-4324; 75-4333; 75-4334; 29 U.S.C. section 152(11).
Author: Carla J. Stovall
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Languages : en
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K.S.A. 75-4318 requires that actual notice of regular and special meetings subject to the Kansas open meetings act (KOMA) be individually provided to those persons requesting such notice. If there is no intent to subvert the KOMA, a meeting subject to that act may be adjourned, recessed or continued to another date, time or place. In our opinion, the notice requirements and intent of the KOMA are violated by giving notice that a meeting will begin on one day and then subsequently continuing that meeting to another day without making a good faith attempt to provide notice of the new date, time and place to those requesting notice. Cited herein: K.S.A. 12-510b; 12-520a; 12-641; 12-749; 12-756; 12-1772; 13-1410; 14-111; 15-106; 15-123; 19-2646; 19-27,186; 75-4317; K.S.A. 1995 Supp. 75-4317a; K.S.A. 75-4318; 75-4319.
Author: Carla J. Stovall
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Languages : en
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A unified school district may not enter into a contract the provisions of which require the unified school district to incur liability greater than that established under the Kansas tort claims act, K.S.A. 75-6101 et seq., or which require the unified school district to secure payment of its obligations in any manner other than those set forth in state statute. Cited herein: K.S.A. 60-1111; 72-8201; 72-8416; 75-6101; 75-6103; K.S.A. 1995 Supp. 75-6104; K.S.A. 75-6111; 75-6401; 75-6402; 75-6403; L. 1979, ch. 186, sections 1-15.
Author: Carla J. Stovall
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Languages : en
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The grant of limited arrest authority pursuant to K.S.A. 22-3716 does not bring community correctional officers within the group of persons whose duties include the prevention, detection and enforcement of Kansas' criminal laws. A community correctional officer, including a part time surveillance officer or an intensive supervision officer, is not a "law enforcement officer" for purposes of the law enforcement training act. Cited herein: K.S.A. 21-4603; 21-4610; 22-3716; K.S.A. 1995 Supp. 74-5601, 74-5602; 74-5602a; K.S.A. 74-5604; K.S.A. 75-5290; 75-5295.
Author: Carla J. Stovall
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The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.
Author: Carla J. Stovall
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Languages : en
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K.S.A. 1995 Supp. 45-217 excludes judges of the district court from the definition of public agency. Judges' telephone records do not become public records merely because the telephone system is maintained by another branch of government. Cited herein: K.S.A. 1995 Supp. 45-217; 75-4709.
Author: Carla J. Stovall
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Languages : en
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Public bodies subject to the Kansas open meetings act may go into executive session to interview, discuss, and consider applicants or prospective employees of that body under the personnel matters exception to the act. Binding action may not be taken in executive session. Cited herein: K.S.A. 1995 Supp. 45-221; K.S.A. 75-4317; 75-4318; K.S.A. 1995 Supp. 75-4319.
Author: Robert T. Stephan
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Languages : en
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A local government cannot be held liable for a violation of civil rights by its agents under 42 U.S.C. section 1983 on the basis of a respondeat superior theory. Local governments are liable only when execution of a government policy or custom inflicts the injury. Cited herein: K.S.A. 1987 Supp. 8-116a; 42 U.S.C. section 1983.
Author: Carla J. Stovall
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Government imposed content-based restrictions on speech are generally impermissible under the first amendment. However, a carefully crafted racial and sexual discrimination and harassment policy that is directed at conduct violative of title VI, title VII or title IX may indirectly regulate speech that is "swept up incidentally within" the policy's reach. Cited herein: 20 U.S.C.A. section 1681; 42 U.S.C.A. sections 2000d, 2000e; 29 C.F.R. section 1604.11.
