Attorney General Opinion No. 1993-075 PDF Download
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Author: Robert T. Stephan
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Pursuant to K.S.A. 1992 Supp. 38-1607(a)(5) and 38-1608(a)(7), a court has the discretion to release the names of juvenile offenders provided that the discretion is not arbitrarily used to discriminate against juveniles of one sex or based upon the juvenile's race, ethnicity or religion. Cited herein: K.S.A. 1992 Supp. 38-1607; 38-1608; 38-1622.
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1992 Supp. 38-1607(a)(5) and 38-1608(a)(7), a court has the discretion to release the names of juvenile offenders provided that the discretion is not arbitrarily used to discriminate against juveniles of one sex or based upon the juvenile's race, ethnicity or religion. Cited herein: K.S.A. 1992 Supp. 38-1607; 38-1608; 38-1622.
Author: Robert T. Stephan
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Languages : en
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As long as the assistant district attorney does not practice civil law when acting as a conservator, and his job as a conservator does not interfere with his ability to devote full time to his duties, he may continue in his role as a conservator. The support staff of the district attorney's office may be part of the public employer-employee relations act contracts, however, any memorandum of agreement which is entered into cannot preempt state law or the rights of the public employer listed in K.S.A. 75-4326. Cited herein: K.S.A. 22a-106; 59-3002; 75-3747; 75-4326; 75-4330.
Author: Robert T. Stephan
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K.S.A. 75-2566(b) requires each state agency to deposit with the state library copies of any publication issued by that state agency. In that the historical journal and the newsletter of the state historical society are printed and published by a private printer, for distribution to members of the Kansas State Historical Society, Inc., the journal and newsletter are not required to be deposited with the state library at the state historical society's expense. Cited herein: K.S.A. 1992 Supp. 75-1023; K.S.A. 75-2565; 75-2566; 75-2702.
Author: Robert T. Stephan
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Languages : en
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The Kansas open meetings act applies to legislative conference committee meetings and, when such meetings take place, the appropriate notice under the circumstances must be given to any person requesting such notice. Cited herein: K.S.A. 75-4317a, 75-4318.
Author: Robert T. Stephan
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Languages : en
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Under the circumstances and for reasons described herein K.S.A. 75-37,102 may properly be utilized to purchase insurance as prescribed by K.S.A. 74-4718. Cited herein: K.S.A. 74-4717; 74-4718; 74-4719; 74-4720; 74-4721; 75-3738; 75-3739; K.S.A. 1992 Supp. 75-3740; K.S.A. 75-37,102.
Author: Robert T. Stephan
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Languages : en
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The banking board members have the duty and responsibility pursuant to K.S.A. 74-3006 to meet at least once a month and to act in an advisory capacity to the banking department. A banking board member who properly requests such will be afforded protection from personal liability and legal representation under the Kansas tort claims act as long as the member falls within the definition of an employee found in K.S.A. 1992 Supp. 75-6102(d) and has acted within the scope of his or her employment pursuant to K.S.A. 75-6103(a) and without malice. Cited herein: K.S.A. 74-3006; K.S.A. 1992 Supp. 75-6102; K.S.A. 75-6103; K.S.A. 1992 Supp. 75-6104; K.S.A. 75-6107; 75-6108; 75-6109; 75-6116.
Author: Robert T. Stephan
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Languages : en
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Members of the board of the Kansas turnpike authority are in the unclassified service of the Kansas civil service act pursuant to K.S.A. 1992 Supp. 75-2935(1)(b) and thus are state officers for purposes of the state governmental ethics laws. Cited herein: K.S.A. 25-1118; 25-2505; 25-4304; 46-221; K.S.A. 1992 Supp. K.S.A. 68-2003; 68-2004; 68-2006; K.S.A. 1992 Supp. 75-2935; K.S.A. 79-2974; 75-3223; 75-5530; 75-5531.
Author: Robert T. Stephan
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Languages : en
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The Kansas state historical society has authority to limit the photography of its buildings, sites and artifacts, but does not have the authority to charge a fee for or retain a percentage of the proceeds from such photographs or reproductions. Cited herein: K.S.A. 75-2721; 75-3036.
Author: Robert T. Stephan
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The Kansas open records act (KORA) requires public records to be disclosed upon request unless a law permits or requires closure of a specific public record. A settlement agreement entered into by a city meets the definition of a public record, and is subject to the KORA. There is no exemption provision allowing the settlement agreement to be confidential under the KORA. It is our opinion that a contractual term attempting to close the conditions of the settlement is void as against public policy. The Kansas open meetings act (KOMA) declares as the policy of this state that meetings for the conduct of governmental affairs and the transaction of governmental business be open to the public. Based on this policy, no binding action shall be taken during closed executive sessions. A city may not take binding action on a settlement agreement during executive session. Cited herein: K.S.A.45-215; 45-216; K.S.A. 1992 Supp. 45-217; 45-221; K.S.A. 75-4317; K.S.A. 1992 Supp. 75-4319.
Author: Robert T. Stephan
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The provisions of K.A.R. 54-1-17 requiring a local levy of at least 1/4 mill for support of a public library for a period of not less than two years before territory may be excluded from a regional system of cooperating libraries is a valid exercise of the state library advisory commission's authority. It is within the commission's discretion to determine when the requirement has been met. Cited herein: K.S.A. 75-2547; 75-2549; 75-2550; 75-2552; K.A.R. 54-1-17.
