Attorney General Opinion No. 1979-104 PDF Download
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Author: Robert T. Stephan
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A full-time municipal employee whose duties include the prevention or detection of crime and the enforcement of criminal or traffic laws is a police officer within the meaning of K.S.A. 1978 Supp. 74-5602(e). Such an employee is subject to the certification requirements and sanctions for non-compliance established in K.S.A. 1978 Supp. 74-5608.
Author: Robert T. Stephan
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A full-time municipal employee whose duties include the prevention or detection of crime and the enforcement of criminal or traffic laws is a police officer within the meaning of K.S.A. 1978 Supp. 74-5602(e). Such an employee is subject to the certification requirements and sanctions for non-compliance established in K.S.A. 1978 Supp. 74-5608.
Author: Robert T. Stephan
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Languages : en
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The qualifications to be possessed by a person seeking the office of sheriff, as specified in K.S.A. 1979 Supp. 19-801b, must be satisfied at the time of that person's nomination for such office, i.̲e̲.̲, either at the time such person files independent nomination papers or at the time of the primary election where such person is a candidate for nomination. Such qualifications need not be satisfied at the time such person files either a declaration of candidacy or nomination petitions, since neither has the effect of nominating such person for the office, but merely causes such person's name to be placed on the primary election ballot. Cited herein: K.S.A. 1979 Supp. 19-801b, 25-202, 25-205, 25-206, K.S.A. 25-303.
Author: Robert T. Stephan
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K.S.A. 1979 Supp. 12-822 imposes a statutory obligation on a city which provides utility services generated by facilities owned and operated by said city to credit and pay interest on security deposits collected from its customers. Cited herein: K.S.A. 12-801, 12-817, K.S.A. 1979 Supp. 12-822, K.S.A. 1979 Supp. 66-104.
Author: Robert T. Stephan
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K.S.A. 1982 Supp. 79-307b does not r̲e̲q̲u̲i̲r̲e̲ a feedlot owner or operator to collect and remit property taxes on cattle owned by others and held in the feedlot for final feeding. The payment of taxes under K.S.A. 1982 Supp. 79-307b has no effect on the listing and return of livestock for purposes of taxation under K.S.A. 79-307a. Cited herein: K.S.A. 79-301, 79-303, 79-307a, K.S.A. 1982 Supp. 79-307b, 79-2004a.
Author: Robert T. Stephan
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The general public should have access to information contained in jail calendars which is not by law specifically declared confidential.
Author: Robert T. Stephan
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Written instruments representing liens arising pursuant to the provisions of CERCLA, 42 U.S.C.S. section 9601 e̲t̲ s̲e̲q̲., or ERISA, 29 U.S.C.S. section 1001 e̲t̲ s̲e̲q̲., which are properly proved or acknowledged and certified are entitled to recording by the register of deeds in the county in which the real property affected by the instrument is located. Such instruments which do not meet these initial filing requirements should be filed in the office of the clerk of the United States District Court for the district in which the real property is located. The filing fees prescribed by K.S.A. 28-115 are appropriate for the filing of such instruments, and the instruments should be filed so as to provide notice to third parties. Cited herein: K.S.A. 28-115; 58-2221; 79-2601; 79-2607; 79-2608; 26 U.S.C.S. section 6323; 29 U.S.C.S. sections 1001, 1362, 1363, 1364, 1368; 42 U.S.C.S. sections 9601, 9607.
Author: Robert T. Stephan
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The identity of a client is not generally a "privileged communication" so as to be within the attorney-client privilege, as that privilege is set forth in K.S.A. 60-426. When required to do so under the state governmental ethics law, pursuant to the provisions of K.S.A. 1978 Supp. 46-229 and K.S.A. 1978 Supp. 46-248 (as amended by L. 1979, ch. 164, section 2), an attorney must disclose the name of a client in a "statement of substantial interests."
Author: Robert T. Stephan
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Languages : en
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As stated in Attorney General Opinion No. 78-188, the assessment required by K.S.A. 1978 Supp. 74-5612 constitutes a fine and is not subject to the legal constraints against use of fees as general revenue sources. Such assessment is to be imposed by a state or municipal court in addition to such court's imposition of a fine or forfeiture of bail for criminal law violations. In determining the amount of such assessment, court costs incurred in connection with such other fine or forfeiture are not to be considered.
Author: Robert T. Stephan
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The legislature has vested broad regulatory authority over public utilities in the State Corporation Commission. Where lawful and reasonable orders, issued by the State Corporation Commission, in compliance with a decision by the Kansas Supreme Court, compel changes in the handling of late payment charges on utility bills, the Woodson County Commissioners must either change their payment date accordingly, or pay the late charges. Cited herein: K.S.A. 66-101, K.S.A. 1979 Supp. 66-104, 66-118d.
Author: Robert T. Stephan
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The Kansas budget law provides in part that any indebtedness incurred by a governing body or any other officer or officers of such taxing subdivision or municipality in excess of the amount budgeted shall be void as against such taxing subdivision or municipality. In our opinion the term void in this context means null or of no effect. Prosecutorial discretion may be used in determining whether such a penalty should be sought in view of the purposes to be accomplished by the budget law. Cited herein: K.S.A. 10-1113; K.S.A. 1985 Supp. 77-201; K.S.A. 79-2935.
