Attorney General Opinion No. 1979-159 PDF Download
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Author: Robert T. Stephan
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The provisions of K.S.A. 1978 Supp. 79-342, as amended by Section 1 of 1979 Senate Bill No. 261 (L. 1979, ch. 311, section 1) violate the provisions of Article 11, Section 1 of the Kansas Constitution, which requires that the legislature provide for a uniform and equal rate of assessment and taxation.
Author: Robert T. Stephan
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The provisions of K.S.A. 1978 Supp. 79-342, as amended by Section 1 of 1979 Senate Bill No. 261 (L. 1979, ch. 311, section 1) violate the provisions of Article 11, Section 1 of the Kansas Constitution, which requires that the legislature provide for a uniform and equal rate of assessment and taxation.
Author: Robert T. Stephan
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It is not a violation of the Kansas Open Meetings Act for a single member of a seven person governing body to converse over the telephone with another member of the body. However, any vote taken by polling of the members of the governing body is ineffective and does not constitute binding action. Prearranged conversations concerning hospital business or affairs between three or more members of a seven member hospital board may not be held in person or through means of a telephone conference call without full compliance with the Kansas Open Meetings Act. Cited herein: K.S.A. 19-1801, K.S.A. 1979 Supp. 19-1803, 19-1804, K.S.A. 75-4317a, K.S.A. 1979 Supp. 75-4318.
Author: Robert T. Stephan
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A breach of duty under K.S.A. 1978 Supp. 44-706 (as amended by L. 1979, ch. 159, section 3) sufficient to disqualify an employee from immediate eligibility for unemployment compensation requires a deliberate refusal of the employee to satisfactorily execute his employment duties. While experience, training and education may be considered, inefficiency or inability do not constitute breach of duty.
Author: Robert T. Stephan
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Money received by a community mental health center pursuant to a tax imposed by K.S.A. 1982 Supp. 79-41a01 e̲t̲ s̲e̲q̲., on the gross receipts derived from the sale of alcoholic liquor by clubs is income received from state government within the meaning of K.S.A. 65-4403. Such income cannot be the subject of the matching fund provisions of K.S.A. 65-4403. Cited herein: K.S.A. 65-4403, K.S.A. 1982 Supp. 79-41a01, 79-41a02(b), 79-41a03, as amended by L. 1983, ch. 315, 79-41a04.
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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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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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 Office of Revenue Sharing of the United States Treasury Department has the authority to prescribe the type of audit which must be performed by a state in order to maintain its eligibility to receive revenue sharing funds. If these requirements are not met, federal statutes provide the Secretary of Treasury the authority to withhold payment of these funds.
Author: Robert T. Stephan
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Pursuant to the provisions of K.S.A. 79-306 and 79-1422, the final date upon which statements listing the tangible personal property of individual taxpayers must be filed before a penalty for late filing will be assessed is the last day of February.
Author: Robert T. Stephan
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The Register of Deeds has the discretionary power to postpone collection of the filing fees required by the provisions of K.S.A. 1978 Supp. 28-115. However, should the Register of Deeds fail to collect any such fees, the amount thereof may be deducted from his or her salary.
