Attorney General Opinion No. 1977-151 PDF Download
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Author: Curt Thomas Schneider
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The Governmental Ethics Commission has no jurisdiction under the Campaign Finance Act, K.S.A. 1976 Supp. 25-4101 e̲t̲ s̲e̲q̲. to entertain a complaint against any person other than a person to whom the Campaign Finance Act applies, and principles of criminal responsibility may not be relied upon to enlarge its administrative jurisdiction to persons other than those upon whom the Act imposes duties and responsibilities.
Author: Curt Thomas Schneider
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Languages : en
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Book Description
The Governmental Ethics Commission has no jurisdiction under the Campaign Finance Act, K.S.A. 1976 Supp. 25-4101 e̲t̲ s̲e̲q̲. to entertain a complaint against any person other than a person to whom the Campaign Finance Act applies, and principles of criminal responsibility may not be relied upon to enlarge its administrative jurisdiction to persons other than those upon whom the Act imposes duties and responsibilities.
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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Supplemental contracts entered into under K.S.A. 72-5412a remain exempt from the professional negotiation law, in article 54, K.S.A., as amended by 1977 Substitute for House Bill 2325.
Author: Curt Thomas Schneider
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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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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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An action under K.S.A. 8-284 et seq. (Habitual Violators) is a civil action. A conviction expunged or annulled under K.S.A. 12-4515, 21-4616, or 21-4617 cannot be used in establishing the requisite number of convictions required to be an habitual violator. K.S.A. 60-514 would require an action under habitual violator section to be brought within one year from when it accrues. An action under that section accrues with the commission of the last offense qualifying the offender as an habitual violator.
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.
Author: Curt Thomas Schneider
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A marshal of a city of the third class has no authority to appoint deputy marshals of such city.
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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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.
