Attorney General Opinion No. 1979-251 PDF Download
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Author: Robert T. Stephan
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The common law doctrine of incompatibility of offices may be utilized to scrutinize the propriety of one person simultaneously being a public officer and public employee, where such person is compensated for both such positions from public funds. Application of such doctrine to the situation where an individual is councilman for a city of the third class and, at the same time, an employee of such city discloses an incompatibility in the functions and duties of such positions, requiring such person to vacate the office of city councilman.
Author: Robert T. Stephan
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ISBN:
Category :
Languages : en
Pages :
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Book Description
The common law doctrine of incompatibility of offices may be utilized to scrutinize the propriety of one person simultaneously being a public officer and public employee, where such person is compensated for both such positions from public funds. Application of such doctrine to the situation where an individual is councilman for a city of the third class and, at the same time, an employee of such city discloses an incompatibility in the functions and duties of such positions, requiring such person to vacate the office of city councilman.
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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Languages : en
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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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The Secretary of Human Resources may remove hazardous materials and chemicals from schools and private businesses where such conditions or products could reasonably be expected to cause death or serious physical harm immediately or before such danger can be eliminated through the enforcement provisions otherwise provided by law.
Author: Robert T. Stephan
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Languages : en
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A qualified right to protect property emanates from section 18 of the Bill of Rights of the Kansas Constitution. Such a right is an affirmative defense which may be raised by a defendant charged with the unlawful killing of a deer. However, in order to justify the killing of a deer out of season or contrary to law, there must be substantial injury to property, and the landowner should present evidence that he has exhausted other remedies provided by law. Additionally, the burden will rest upon the property owner to demonstrate that the killing was, in all respects, reasonable. The qualified right to protect property from damage by game animals does not authorize a property owner to take possession of a deer killed in defense of property. Cited herein: K.S.A. 1979 Supp. 32-104, 32-104b, K.S.A. 32-107, 32-110a, K.S.A. 1979 Supp. 32-156, 32-158, 32-164, 32-178, 32-179, K.S.A. 32-212, K.S.A. 76-459; Kan. Const., Bill of Rights section 18; K.A.R. 23-2-5 and 23-2-7.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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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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Languages : en
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A city of the second class may designate a state or national bank or trust company located outside said city, but within a county in which all or part of such city is located, as an official depository of its funds.
Author: Robert T. Stephan
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Languages : en
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A municipal judge in a city of the second or third class is not required by statute to be a lawyer.
Author: Robert T. Stephan
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Languages : en
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Weapons which have been used in the commission of a crime and are no longer required as evidence may be sold by order of the court having jurisdiction of the weapons without placing the weapons for sale at public auction.
