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Author: Robert T. Stephan
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The Kansas Open Meetings Act requires notice of all regular and special meetings of bodies subject to the Act to be provided to all persons requesting it. Publication of notice of legislative interim study committees in the K̲a̲n̲s̲a̲s̲ R̲e̲g̲i̲s̲t̲e̲r̲ is adequate notice to those persons who subscribe to that publication. However, individual notice is still required for persons who do not subscribe to the R̲e̲g̲i̲s̲t̲e̲r̲. Absent changes in the law or the rules of the House and Senate, such persons may not be denied notice of interim study committees for failure to pay the subscription fee for the R̲e̲g̲i̲s̲t̲e̲r̲ or mailing and postage charges arising from the providing of individual notice. Cited herein: K.S.A. 1981 Supp. 75-430 (as amended by 1982 House Bill No. 2717), K.S.A. 75-4317, K.S.A. 1981 Supp. 75-4318, 77-421 (as amended by 1982 House Bill No. 2712), L. 1981, ch. 324, section 33.
Author: Robert T. Stephan
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Languages : en
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The Kansas Open Meetings Act requires notice of all regular and special meetings of bodies subject to the Act to be provided to all persons requesting it. Publication of notice of legislative interim study committees in the K̲a̲n̲s̲a̲s̲ R̲e̲g̲i̲s̲t̲e̲r̲ is adequate notice to those persons who subscribe to that publication. However, individual notice is still required for persons who do not subscribe to the R̲e̲g̲i̲s̲t̲e̲r̲. Absent changes in the law or the rules of the House and Senate, such persons may not be denied notice of interim study committees for failure to pay the subscription fee for the R̲e̲g̲i̲s̲t̲e̲r̲ or mailing and postage charges arising from the providing of individual notice. Cited herein: K.S.A. 1981 Supp. 75-430 (as amended by 1982 House Bill No. 2717), K.S.A. 75-4317, K.S.A. 1981 Supp. 75-4318, 77-421 (as amended by 1982 House Bill No. 2712), L. 1981, ch. 324, section 33.
Author: Robert T. Stephan
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A photocopy of an original document conveying or affecting real property may be recorded with the register of deeds so long as the grantor actually signs the copy and the acknowledging officer actually signs the copy and imprints upon it his or her seal. The chief engineer of the division of water resources of the state board of agriculture is the grantor of water appropriation rights and may delegate such authority to his or her staff. In the situation presented for our opinion, the photocopy of the certificate presentedriation for beneficial use of water ptesented to the register of deeds for recordation is actually signed by the grantor. This document, however, may not be properly recorded until it bears the o̲r̲i̲g̲i̲n̲a̲l̲ signature and seal of the acknowledging officer. Cited herein: K.S.A. 1985 Supp. 53-102; 58-2209; 58-2211; K.S.A. 74-510a; 82a-701; K.S.A. 1985 Supp. 82a-714.
Author: Robert T. Stephan
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The whole purpose and policy of Kansas' exemption laws has been to secure to an unfortunate debtor the means to support himself and his family, to keep them from being reduced to absolute destitution and thereby public charges. The spouse of a member of the Kansas public employees retirement system is not to be regarded as one of the parties subject to the anti-alienation provisions set forth in K.S.A. 1991 Supp. 74-4923, as amended by L. 1992, ch. 321, section 10. Therefore, any annuity or benefit earned pursuant to K.S.A. 74-4901 e̲t̲ s̲e̲q̲. may be subject to a decree for the division of property following dissolution of marriage. Cited herein: K.S.A. 74-4901; K.S.A. 1991 Supp. 74-4902; 74-4923, as amended by L. 1992, ch. 321, section 10; L. 1961, ch. 427, section 23; L. 1974, ch. 338, section 1; L. 1982, ch. 152, section 24; L. 1990, ch. 282, section 11; L. 1991, ch. 238, section 3.
Author: Robert T. Stephan
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K.S.A. 75-4304(a) prohibits public officers (which includes city council members) from making or participating in the making of contracts in which they have a substantial interest, but would not preclude a council member from voting on a motion concerning the payment of attorneys fees incurred by the council member in a civil action. However, under common law conflict of interest principles recognized in this state, a city council member is disqualified from making or voting on such a motion. Cited herein: K.S.A. 75-4301; 75-4304.
Author: Robert T. Stephan
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As amended by 1982 Senate Bill No. 699, K.S.A. 1981 Supp. 8-1567 provides [at subsection (n)] that a city may enact an ordinance which prohibits or makes unlawful the same acts as are dealt with by the statute, provided that the ordinance's minimum penalties are the same as the statutes for any given violation, and the ordinance's maximum penalty does not exceed that of the statute. Apart from these limits, K.S.A. 1981 Supp. 8-1567 as amended does not preempt a city from taking action in this area. As amended by 1982 Senate Bill No. 699, K.S.A. 1981 Supp. 8-1567(c), (d) and (e) prohibit a prosecuting attorney from entering into any plea-bargaining agreement by which a defendant enters a guilty or no contest plea to a lesser offense than that originally charged. While no sanctions against such conduct exist under the statute, provisions of the general ouster law could be applied against prosecuting attorneys who violate the prohibition against plea-bargaining. Cited herein: K.S.A. 1981 Supp. 8-1567, as amended by 1982 Senate Bill No. 699, K.S.A. 22-2907, 22-2908.
Author: Robert T. Stephan
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K.S.A. 21-2501a(a) requires that law enforcement agencies maintain permanent records of specified crimes "on forms approved by the attorney general." Such forms, therefore, constitute the records which are required to be maintained, and all information required by these forms is included in such records. Unless such records contain information which is made confidential by law or by directive authorized by law, all information contained in such records is available for public inspection under the Public Records Act (K.S.A. 45-201 e̲t̲ s̲e̲q̲.). If these records contain such confidential information, the law enforcement agency having custody of the records has a duty to make available for public inspection all disclosable portions of the records in a way which protects the confidentiality of the nondisclosable information. Cited herein: K.S.A. 21-2501a, 45-201.
Author: Robert T. Stephan
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K.S.A. 1981 Supp. 8-1567(c), as amended by section 5 of Senate Bill No. 699, establishes penalties for persons convicted of their first violation of the statute. Prior to the 1982 amendment, the subsection authorized a court to punish first time violators by imposing a specified jail sentence or a specified fine, "or by both such fine and imprisonment." In the amended statute, the word "and" replaces the word "or" between the term of imprisonment and the amount of the fine, although the phrase "or by both such fine and imprisonment" is retained. In that the intent of the legislature in altering the disjunctive "or" to the conjunctive "and" was to require both forms of punishment, the additional phrase allowing such is now mere verbiage, and adds nothing to the statute. Cited herein: K.S.A. 1981 Supp. 8-1567, as amended by L. 1982, ch. 144, section 5.
Author: Robert T. Stephan
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city manager and city treasurer in a city of the second class having a commission-manager form of government. Cited herein: K.S.A. 12-1001, 12-1011, 12-1014, 12-1024.
Author: Robert T. Stephan
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As amended by L. 1982, ch. 144, section 5, K.S.A. 1981 Supp. 8-1567 provides that a person convicted of a violation of the offense of operating a motor vehicle while under the influence of alcohol may be required to perform public or community service work as an alternative to incarceration or payment of a fine. In assigning the work to be performed, a judge or court services division would be exercising judicial and discretionary functions, respectively, and would be exempt from liability under the Tort Claims Act, K.S.A. 1981 Supp. 75-6101 e̲t̲ s̲e̲q̲. However, as noted by Attorney General Opinion Nos. 81-98 and 82-157, the recipient organization (including local governments and non-profit corporations) may be liable for injuries and damages inflicted or suffered by persons acting within the scope of their designated community service duties. Cited herein: K.S.A. 1981 Supp. 8-1567 (as amended by L. 1982, ch. 144, section 5), K.S.A. 21-4610, K.S.A. 1981 Supp. 75-6102, 75-6104.
Author: Robert T. Stephan
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As amended by L. 1982, ch. 144, K.S.A. 1981 Supp. 8-1567 contains new provisions for the sentencing of persons who are convicted of operating a vehicle while under the influence of alcohol. Additionally, the act amends K.S.A. 1981 Supp. 8-1001 to admit into evidence the defendant's refusal to take a chemical test for the presence of alcohol. While the act does not specifically provide that these changes will apply only to offenses committed after its effective date of July 1, 1982, such a result is necessary in view of the substantive, as opposed to merely procedural, nature of these two amendments. Accordingly, the above-referenced amendments are applicable only to offenses committed after the effective date of the act. Cited herein: K.S.A. 1981 Supp. 8-1001, 8-1567, both as amended by L. 1982, ch. 144, K.S.A. 21-3102, 22-4618.
