Attorney General Opinion No. 2016-006 PDF Download
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Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 23
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Synopsis: In the absence of a requisite showing that a county has a special need to conduct random drug testing of all county employees, a county's personnel policy and procedure requiring random drug testing would violate the Fourth Amendment to the United States Constitution and ʹ 15 of the Bill of Rights of the Constitution of the State of Kansas. A board of county commissioners does not have legal authority to subject a county clerk, county treasurer, county sheriff or county register of deeds to personnel policies and procedures requiring random drug testing. Cited herein: K.S.A. 2016 Supp. 19-101a; K.S.A. 19-302; 19-503; 19-805; 19-1202; Kan. Const., Bill of Rights, ʹ 15; U.S. Const., Amend. 4.
Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 23
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Book Description
Synopsis: In the absence of a requisite showing that a county has a special need to conduct random drug testing of all county employees, a county's personnel policy and procedure requiring random drug testing would violate the Fourth Amendment to the United States Constitution and ʹ 15 of the Bill of Rights of the Constitution of the State of Kansas. A board of county commissioners does not have legal authority to subject a county clerk, county treasurer, county sheriff or county register of deeds to personnel policies and procedures requiring random drug testing. Cited herein: K.S.A. 2016 Supp. 19-101a; K.S.A. 19-302; 19-503; 19-805; 19-1202; Kan. Const., Bill of Rights, ʹ 15; U.S. Const., Amend. 4.
Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 5
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Synopsis: As determined in Attorney General Opinion No. 82-8, a person who serves as a police officer holds a city office. Therefore, a person who serves as a city police officer is prohibited by K.S.A. 19-205 from serving as a county commissioner. Cited herein: K.S.A. 14-201; 14-205; 14-302; 19-205; Kan. Const., Art. 12, § 5; Kan. Const., Art. 15, § 2; K.S.A. 13-2903 (repealed).
Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 9
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Synopsis: Pursuant to K.S.A. 2016 Supp. 65-448, the victim or any law enforcement officer with the written consent of the reported victim may request a sexual assault examination and collection of a sexual assault kit for the purpose of gathering evidence of the enumerated crimes. The county where the alleged offense was committed is the responsible party to pay for such examination and sexual assault collection kit but may seek reimbursement as court costs from the convicted defendant for the costs paid by the county. In order to verify the validity of an invoice from the hospital or medical care facility, the county may request non-individually identifiable information associated with the victim to establish a sexual assault examination was conducted and a sexual assault kit was collected pursuant to K.S.A. 2016 Supp. 65-448. A minor, by statute, is competent to give or refuse consent for a sexual assault examination and collection of a sexual assault kit for the purpose of gathering evidence of the enumerated crimes. The hospital or medical care facility shall give written notice to the parent or guardian of a minor that such an examination has taken place even when the parent or guardian is the alleged assailant. Cited herein: K.S.A. 2016 Supp. 21-5107; 21-5503; 21-5504; 21-5506; 21-5604; K.S.A. 38-101; 38-108; 38-122; K.S.A. 38-123; 38-123b; 59-2949; K.S.A. 2016 Supp. 65-448; K.S.A. 65-2892; 65-2892a; K.S.A. 2016 Supp. 65-6704; and 74-7333.
Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 7
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Book Description
Synopsis: As determined in Attorney General Opinion No. 82-8, a person who serves as a police officer holds a city office. Therefore, a person who serves as a city police officer is prohibited by K.S.A. 19-205 from serving as a county commissioner. Cited herein: K.S.A. 14-201; 14-205; 14-302; 19-205; Kan. Const., Art. 12, § 5; Kan. Const., Art. 15, § 2; K.S.A. 13-2903 (repealed).
Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 6
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Synopsis: The petitioning process afforded in K.S.A. 2016 Supp. 12-187(b)(1) is not an option under K.S.A. 2016 Supp. 12-187(b)(5). Whether a question authorizing a countywide retailers' sales tax, the proceeds of which would be pledged to support health care services, is submitted to the electors is solely within the discretion of the board of county commissioners. A private not-for-profit hospital may be included as health care services under K.S.A. 2016 Supp. 12- 187(b)(5). Cited herein: K.S.A. 2016 Supp. 12-187; 12-189; 12- 192; K.S.A. 12-4906; 13-14b12; 14-640d; 19-2106; 19-4606; 65- 204; 65-212; 65-468.
Author: Ohio. Attorney General's Office
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 784
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Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 8
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Synopsis: A state university may not ban concealed carry within a university building by designating the entire building as a restricted access building. The Personal and Family Protection Act (PFPA) only allows employees and persons who obtain authorization pursuant to K.S.A. 2016 Supp. 75- 7c20(d)(2)(A) through (C) to enter a state or municipal building through a restricted access entrance without passing through security measures at public entrances. A state university may adopt rules governing the manner in which concealed handguns are carried within university buildings. Cited herein: K.S.A. 2015 Supp. 75-7c20; K.S.A. 2016 Supp. 75-7c01; 75-7c10; 75-7c17; 75-7c20; K.A.R. 16-11-7.
Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 5
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Synopsis: A state agency may adopt personnel policies to require an employee to disclose whether the employee is carrying a concealed handgun while in the workplace or while otherwise engaged in work duties. A state agency may restrict the type of knife that an employee may carry while in the workplace or while otherwise engaged in work duties. Cited herein: K.S.A. 2014 Supp. 75-7c03; K.S.A. 2015 Supp. 75-7c10; K.S.A. 2016 Supp. 12-16,124; 12-16,134; 21-6302; 21-6304; 75-7c01; 75-7c10; 75-7c17; 75-7c20; 75-7c23; 75-2935; K.S.A. 75-2949f; K.S.A. 2016 Supp. 75-6102.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
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The purpose of the Safety Belt Use Act is to educate rather than punish. However, law enforcement officers should not be constrained from enforcing the act within the bounds of its provisions. When an officer can articulate facts which would lead a cautious person to believe that a violation has occurred, a citation may then issue. Drivers are not to be cited for violations committed by passengers. Any person 10 or more years of age may be held responsible for failure to fasten their safety belt. Cited herein: K.S.A. 1985 Supp. 8-1344; 8-1345; K.S.A. 8-2101; K.S.A. 1985 Supp. 21-3105; 38-1602, K.S.A. 41-2719; L. 1986, ch. 35, sections 3, 4.
Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 8
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Synopsis: A state-owned or leased medical care facility must either allow concealed carry inside the facility or install adequate security measures and post signage to prohibit concealed carry, unless the facility has temporarily exempted itself from the provisions of K.S.A. 2015 Supp. 75-7c20. After any such exemption expires, a state-owned or leased medical care facility must comply with the provisions of K.S.A. 2015 Supp. 75-7c20. If concealed carry is allowed inside a state-owned or leased medical care facility, the facility may regulate the manner of carrying concealed handguns inside the facility. Medical personnel of a state-owned or leased medical care facility may require patients to temporarily store concealed handguns during medical treatment. A municipal-owned or leased medical care facility must either allow concealed carry inside the facility or install adequate security measures and post signage to prohibit concealed carry, unless the facility has temporarily exempted itself from the provisions of K.S.A. 2015 Supp. 75- 7c20. After any such exemption expires, a municipal-owned or leased medical care facility must comply with the provisions of K.S.A. 2015 Supp. 75-7c20. The governing body of a municipality may not adopt an ordinance, resolution or other regulation to govern the carrying of concealed handguns inside a municipal-owned or leased medical care facility. However, a physician, nurse, or other medical personnel of a municipal-owned or leased medical care facility may refuse to allow a patient to carry a concealed handgun while medical services are being provided, as long as such action is not implementing a local law, official policy, or decision by the governing body of the municipality. K.S.A. 2015 Supp. 75-7c20 does not apply to a state or municipal-owned medical care facility that is leased in its entirety by a private entity, whether for-profit or not-for-profit. The Personal and Family Protection Act does not require a state or municipal building to provide storage facilities for concealed handguns carried into the building by members of the public. Cited herein: K.S.A. 2015 Supp. 12-16,124; 21-6301; 21-6302; 21-6304; 21-6309; 65-425; 75-7c01; 75-7c03; 75-7c10; 75-7c17; 75-7c20; 75-6102; K.A.R. 16-11-7.
