Attorney General Opinion No. 1977-148 PDF Download
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Author: Curt Thomas Schneider
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Under K.S.A. 60-2311(a), an employee may not be discharged due to multiple garnishments received by the employer for not more than three debts. Venue for prosecution under that section lies in the county where the discharge was effected, and personnel of the employer residing in other jurisdictions who initiated the decision may be prosecuted in any county in which venue is proper under K.S.A. 22-2607.
Author: Curt Thomas Schneider
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Languages : en
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Book Description
Under K.S.A. 60-2311(a), an employee may not be discharged due to multiple garnishments received by the employer for not more than three debts. Venue for prosecution under that section lies in the county where the discharge was effected, and personnel of the employer residing in other jurisdictions who initiated the decision may be prosecuted in any county in which venue is proper under K.S.A. 22-2607.
Author: Curt Thomas Schneider
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Languages : en
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The General Improvement and Assessment Law does not convey authority to allow a city to purchase outright a completed public work or improvement.
Author: Curt Thomas Schneider
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Any citizen, whether a resident of this state or of another state, is entitled to access to documents which are public records under K.S.A. 45-201.
Author: Curt Thomas Schneider
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Languages : en
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Steel traps which may be set for coyotes are not limited in number by the provisions of K.S.A. 32-158.
Author: Curt Thomas Schneider
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Languages : en
Pages : 2
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There is no legal basis for refund of a filing fee to a person who paid such fee and filed a declaration of intent to become a candidate for a public office which is subsequently abolished as an elective position.
Author: Curt Thomas Schneider
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For purposes of licensure by endorsement as provided by K.S.A. 65-2833, Guam is a "territory."
Author: Curt Thomas Schneider
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A public defender who is appointed pursuant to K.S.A. 22-4517 does not hold any immunity of public officers from liability for acts performed in providing defense services to accused persons, and is exposed to the same professional liability for acts and omissions in the representation of such persons as a privately retained attorney.
Author: Curt Thomas Schneider
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Prior to 1977, K.S.A. 58-2306 provided that any mortgage of real property "may" be discharged by an entry on the record thereof acknowledging the satisfaction of the mortgage signed in the presence of the Register of Deeds who shall subscribe as a witness. This law was amended by House Bill No. 2398 in the 1977 Session to provide that a mortgage "shall" be discharged by an instrument "duly acknowledged and certified as other instruments affecting real estate." The form submitted complies with this new law, except that the form provides for an acknowledgment only by a "notary public." K.S.A. 58-2211 provides that instruments affecting real estate may be acknowledged before a "Court having a seal, or some judge, justice, or clerk thereof, or some notary public, county clerk, or register of deeds, or mayor or clerk of an incorporated city."
Author: Curt Thomas Schneider
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Ordinance Nos. 13793 and 13971, providing for the payment of defense costs and for the satisfaction of civil judgments entered against city police officers arising out of false arrests by such officers while acting within the scope of such officers' duty, and providing for the payment of defense costs and for the satisfaction of civil judgments entered against certain other city officers arising out of errors or omissions committed by such members while acting within the scope of their authority, both conform fully to settled principles of the law of municipal corporations, and the use of municipal funds to pay such costs and judgments does not constitute a diversion of public funds to private purposes.
Author: Curt Thomas Schneider
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Under K.S.A. 1976 Supp. 25-4302, the only grounds for recall are conviction of a felony, misconduct in office, incompetence and failure to perform a duty prescribed by law. Facts recited in a petition as grounds which do not support any of the four statutory bases for recall are insufficient. However, the county election officer has no authority to determine the legal sufficiency of grounds alleged in a recall petition which is presented for filing, and the sufficiency of grounds, if challenged, must be determined by a court of competent jurisdiction. The sufficiency of grounds for a recall election may not be challenged after the question is submitted to the voters. A petition may be circulated only by a sponsor within the precinct where such sponsor resides.
