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Author: Robert T. Stephan
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K.S.A. 14-201 requires the city council of a city of the second class, to consent to mayorial appointments for city officials including police officers. Absent confirmation by the council, the appointee does not become a public officer of the city. Cited herein: K.S.A. 14-201.
Author: Robert T. Stephan
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K.S.A. 14-201 requires the city council of a city of the second class, to consent to mayorial appointments for city officials including police officers. Absent confirmation by the council, the appointee does not become a public officer of the city. Cited herein: K.S.A. 14-201.
Author: Robert T. Stephan
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Languages : en
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The Kansas Legislature has provided that there will be separate ballots for each political party participating in a primary election. When no person has sought the nomination of a political party to a particular office at a primary election, the law provides that the ballot shall list the office to be elected, followed by a blank space, so that party members may write in the name of any person they choose to nominate as their party candidate. K.S.A. 25-213, which prescribes the form of a primary election ballot, does not prohibit a person from appearing on the ballot as a candidate for nomination of one political party and at the same time receiving write-in votes sufficient to nominate the person for the same office on the ballot of another political party. K.S.A. 25-213 also does not prohibit a person from appearing on the primary election ballot of one political party as a candidate for nomination to one office and also receiving sufficient write-in votes to win the nomination to another office on the ballot of a different political party. K.S.A. 25-306, which prevents a person from accepting more than one nomination to the same office, applies only to nominations accomplished by convention, caucus, or independent petition and cannot be construed to apply to nominations accomplished by primary election. K.S.A. 25-613, which prescribes the form of general election ballots, does not prevent a single name from appearing twice on the same ballot, for the same or different offices. K.S.A. 25-123 addresses the problem of the simultaneous election of a single person to incompatible offices and clearly indicates a legislative intent to permit simultaneous candidacies for more than one office. Cited herein: K.S.A. 25-123; 25-206; 25-210; 25-213; 25-302; 25-303; 25-304; 25-306; 25-306b; 25-613; 25-3110; 25-3211; 25-3301; K.S.A. 1983 Supp. 25-205; 25-305.
Author: Robert T. Stephan
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Languages : en
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For purposes of civil proceedings under the Code for Care of Children, the legislature defined types of behavior which would constitute sexual abuse by reference to sex offenses in the criminal code, however, it did not thereby intend to adopt a criminal definition of sexual abuse. Thus, while certain acts described as sex offenses in the criminal statutes may not be punishable crimes if committed with a child age 16 years or older; those same acts may constitute abuse of that child under the definition of that term in the Code for Care of Children. Cited herein: K.S.A. 21-3501, 21-3503, 21-3504 as amended by L. 1983, ch. 109; 21-3509, 21-3510, 21-3511, 21-3516, K.S.A. 1982 Supp. 38-1502 as amended by L. 1983, ch. 140, 42 U.S.C. sections 5102, 5104, 45 C.F.R. section 1340.2, 1340.14, 48 Fed. Reg. 3698 (January 26, 1983).
Author: Robert T. Stephan
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Utility services such as electricity, gas and water, provided solely by municipally owned or public utilities to their customers, are constitutionally protected property rights which cannot be terminated unless due process procedures of notice and the opportunity to be heard have been met. Cited herein: Fourteenth Amendment, U.S. Constitution.
Author: Robert T. Stephan
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County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601.
Author: Robert T. Stephan
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Since K.S.A. 17-5815 was repealed in 1983, before any distributions were made to any of the priority 3 or 4 claimants the statute had spoken to, K.S.A. 17-5815, as repealed, is construed neither prospectively nor retrospectively in this fact situation. In absence of any state law on this point, federal law dictates priority status to all category 3 and 4 claimants of this insolvent savings and loan association in receivership. Cited herein: K.S.A. 17-5815, as repealed by L. 1983, ch. 86, section 5; 17-5824; 12 C.F.R. 569a.7(a)(1) through (4); 1983 Senate Bill No. 55.
Author: Robert T. Stephan
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The filing deadline for all city elections (in the absence of a charter ordinance providing otherwise) is 12:00 o'clock noon of the Tuesday preceding by 10 weeks the first Tuesday in April. Said deadline is mandatory, and the only recourse for a candidate, who was prevented from filing for a city office because of the failure of the city clerk to keep his or her office open until 12:00 o'clock noon on the prescribed date, is to seek relief from a court of law. Cited herein: K.S.A. 25-2109, as amended by L. 1982, ch. 157, section 6.
Author: Robert T. Stephan
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K.S.A. 1982 Supp. 79-201k, which exempts aircraft used actually, regularly and exclusively in business or industry from property or ad valorem taxes, is not unconstitutional as a matter of law on the ground that the law lacks a rational basis. Cited herein: K.S.A. 1982 Supp. 79-201k, Kan. Const., Bill of Rights section 1, U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Criminal pretrial proceedings must be conducted in the county of venue unless the governing statute specifically permits the proceeding to be conducted in another county. A pretrial proceeding conducted in a county other than the county of venue, without specific statutory authorization therefor, unless waived, is void for lack of jurisdiction. Cited herein: K.S.A. 22-2901, K.S.A. 22-2902, Kan. Const., Bill of Rights section 10.
Author: Robert T. Stephan
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Section 4(d) of 1983 House Bill No. 2327 (L. 1983, ch. 171), the new Kansas Open Records Act, provides that each request for access shall be acted upon as soon as possible, but not later than three business days following receipt of the request. Only if the request cannot be met within this time must the custodian of the records provide an explanation of the cause for further delay. In addition, the phrases "provide access to" and "permit inspection of" are used interchangeably throughout the bill, and may accordingly be treated as synonymous for purposes of interpretation. Both phrases concern the right of the public to examine public records, and so are different than the right to make copies. Cited herein: L. 1983, Ch. 171.
