Attorney General Opinion No. 1986-103 PDF Download
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Author: Robert T. Stephan
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The joint water district is separate and distinct from other categories of water districts. As a municipality, yearly auditing of the board's accounts is required. Bonding of the board is not prescribed by statute. While liability insurance is not required, its purchase is optional. Cited herein: K.S.A. 40-3101; K.S.A. 1985 Supp. 40-3106; K.S.A. 75-1117; 75-1122; 75-6101; 75-6111; 80-1616; 80-1617; 80-1618, as enacted by L. 1984, ch. 108; 82a-617; 82a-621.
Author: Robert T. Stephan
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Languages : en
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The joint water district is separate and distinct from other categories of water districts. As a municipality, yearly auditing of the board's accounts is required. Bonding of the board is not prescribed by statute. While liability insurance is not required, its purchase is optional. Cited herein: K.S.A. 40-3101; K.S.A. 1985 Supp. 40-3106; K.S.A. 75-1117; 75-1122; 75-6101; 75-6111; 80-1616; 80-1617; 80-1618, as enacted by L. 1984, ch. 108; 82a-617; 82a-621.
Author: Robert T. Stephan
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1986 House Bill No. 2822, Section 3 raises the standard of K.S.A. 79-41a04(e) to the point that in order to receive moneys from the special alcohol and drug programs fund, a service or program must have at least one of the following as its principal purpose: alcoholism and drug abuse prevention and education; alcohol and drug detoxification; intervention in alcohol and drug abuse; or treatment of persons who are alcoholics or drug abusers or are in danger of becoming alcoholics or drug abusers. This language would allow for aid to programs aimed at family members and relatives, as long as the principal purpose of the program is one listed in the statute. Cited herein: K.S.A. 1986 Supp. 79-41a04(e).
Author: Robert T. Stephan
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A director of a rural water district may be employed by the district in a position which does not involve an exercise of the sovereign power of the district. Neither K.S.A. 75-4304, relating to conflicts of interests, nor the common law doctrine of incompatibility of offices would preclude such employment. Cited herein K.S.A. 75-4303a; 75-4304.
Author: Robert T. Stephan
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K.S.A. 75-4319(b)(2) authorizes public bodies subject to the Kansas Open Meetings Act (KOMA) to recess into an executive session for the purpose of "consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship ..." The term "consultation" as used in the KOMA necessarily implies the presence of an attorney. Even though a letter from an attorney to his client containing advice is a privileged communication, we must conclude that members of a public body cannot recess into an executive session to review and discuss among themselves a letter from their attorney. Therefore, it is our opinion that the "consultation with an attorney" exception to the open meetings law cannot be invoked unless the attorney for the body is present. Cited herein: K.S.A. 60-426; 75-4317; K.S.A. 1985 Supp. 75-4318(a); K.S.A. 75-4319.
Author: Robert T. Stephan
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A state or national bank which receives a deposit of state moneys is required to secure the account by a pledge of securities. K.S.A. 1985 Supp. 75-4218. Direct obligations of the United States government or its agencies are qualified securities, as are obligations insured as to principal and interest by the United States government or one of its agencies. K.S.A. 75-4201(p)(1). Cited herein: K.S.A. 75-4201; K.S.A. 1985 Supp. 75-4218; K.S.A. 75-4221; 7 U.S.C. sections 1981; 1988; 12 U.S.C. sections 1435; 1455; 1717; 1719; 1721; 15 U.S.C. sections 633; 634; 16 U.S.C. sections 831n-1; 831n-3; 831n-4; 31 U.S.C. section 3123; 42 U.S.C. sections 3534; 4514.
Author: Robert T. Stephan
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A search warrant maybe issued by a district magistrate judge upon the sworn oral or written statement of a city attorney. Municipal law enforcement officers may execute such warrant, and property seized pursuant to the warrant may be admissible as evidence in a municipal court. However, K.S.A. 1985 Supp. 8-1001(f) precludes the use of a search warrant to obtain a blood sample from a person who has refused to submit to a blood, breath or urine test pursuant to that statute. An ordinance authorizing such procedure would be in conflict with the state statute prohibiting further testing after an informed refusal. Cited herein: K.S.A. 1985 Supp. 8-1001, as amended by L. 1986, ch. 40, section 2; K.S.A. 1985 Supp. 8-1005, as amended by L. 1986, ch. 41, section 1; K.S.A. 1985 Supp. 8-1567(m); K.S.A. 12-4504; K.S.A. 1985 Supp. 22-2202, as amended by L. 1986, ch. 133, section 1; K.S.A. 22-2502; 22-2503; 22-2507; L. 1986, ch. 40, section 1.
Author: Robert T. Stephan
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A contest which requires a person to purchase a newspaper to obtain entry forms to participate constitutes a lottery and is illegal in Kansas. Cited herein: K.S.A. 21-4302.
Author: Robert T. Stephan
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It is the public policy of this state that public records must be open for inspection by any person unless otherwise provided by law. In that the exceptions listed in the KORA are not applicable to the information in question and disclosure of the information is not prohibited by statute, we must conclude that the financial information contained in reports submitted by an adult care home to SRS is subject to disclosure under the Kansas Open Records Act. Cited herein: K.S.A. 1985 Supp. 39-708c(x); K.S.A. 45-215 e̲t̲ s̲e̲q̲.; K.S.A. 1985 Supp. 45-217; 45-221; K.A.R. 30-10-12; K.A.R. 30-10-13.
Author: Robert T. Stephan
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Any law enforcement officer may execute an arrest warrant within the officer's jurisdictions. Cited Herein: K.S.A. 19-812a; K.S.A. 1985 Supp. 22-2202, as amended by L. 1986, ch. 133, 150; K.S.A. 22-2305; K.S.A. 1985 Supp. 22-2401a.
Author: Robert T. Stephan
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Based on the nominee's personal data form as submitted to the Supreme Court Nominating Commission, said nominee does not meet the qualification in K.S.A. 20-105 of having engaged in the active and continuous practice of law for a period of ten years prior to the date of appointment as justice. The active practice of law has been defined by the Supreme Court of Kansas as meaning that the legal activities of the individual must have been pursued on a full-time basis and constituted his regular business. The nominee is not automatically disqualified because of having held the positions to which he has been appointed, but because his personal data form does not indicate that his legal activities while holding those positions were "pursued on a full-time basis and constituted his regular business." In making the ultimate determination of whether this nominee is qualified, the Supreme Court Nominating Commission may consider additional information regarding specific legal services performed by the nominee in his various employments and may thus reach a contrary conclusion. Cited herein: K.S.A. 20-105.
