Attorney General Opinion No. 1993-138 PDF Download
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Author: Robert T. Stephan
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Languages : en
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There is no per se rule that requires police to transport a person to an alternative site for an independent test to detect the presence of alcohol or drugs; whether the person was afforded a reasonable opportunity to obtain an independent test pursuant to K.S.A. 8-1004 will depend upon the circumstances. Furthermore, the police are not obligated to transport to sites outside the city in the absence of a showing that testing facilities in the city are inadequate. Cited herein: K.S.A. 8-1004.
Author: Robert T. Stephan
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Languages : en
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There is no per se rule that requires police to transport a person to an alternative site for an independent test to detect the presence of alcohol or drugs; whether the person was afforded a reasonable opportunity to obtain an independent test pursuant to K.S.A. 8-1004 will depend upon the circumstances. Furthermore, the police are not obligated to transport to sites outside the city in the absence of a showing that testing facilities in the city are inadequate. Cited herein: K.S.A. 8-1004.
Author: Robert T. Stephan
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Languages : en
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Townships have been granted authority pursuant to K.S.A. 1993 Supp. 79-5036(c) to exempt themselves entirely from the provisions of the aggregate tax levy limit law, K.S.A. 79-5021 to 79-5033, or to modify the provisions of those statutes, subject to petition and referendum. However, townships do not have general home rule authority and therefore may not effect changes in statutes other than K.S.A. 79-5021 to 79-5033. Cited herein: K.S.A. 19-101b; K.S.A. 1993 Supp. 79-5022; 79-5028; 79-5036.
Author: Robert T. Stephan
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Languages : en
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The Supreme Court nominating commission is not subject to title 7 of the civil rights act of 1964, as amended, but is subject to the Americans with disabilities act and the Kansas act against discrimination. Cited herein: K.S.A. 20-124; 20-125; 20-132; 20-137; 20-138; 20-3004; 20-3007; K.S.A. 1992 Supp. 44-1002; 44-1006; 44-1009; Kan. Const., art. 3, sec. 5; 29 U.S.C.S. sec. 630; 42 U.S.C.S. sec. 2000e; 42 U.S.C.S. sec. 2000e-2; 42 U.S.C.S. secs. 12101, 12111, 12112.
Author: Robert T. Stephan
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Languages : en
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It is our opinion that the offices of councilperson for a city of the second class and trustee for the city hospital are incompatible. The common law doctrine of incompatibility of offices precludes a person from concurrently serving in both offices. Cited herein: K.S.A. 14-109; 14-204; 14-205; 14-601; 14-604; 14-605; 14-606; K.S.A. 14-602 (Weeks 1935).
Author: Robert T. Stephan
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As used in K.S.A. 1991 Supp. 74-7301, personal injury means an injury affecting one's physical and mental person; an injury giving rise to a personal action at law. Cited herein: K.S.A. 1991 Supp. 74-7301.
Author: Robert T. Stephan
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Languages : en
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Under its police power, a state may reimburse itself for the cost of regulating and supervising a business by assessing the necessary expenses to the business which created the necessity for such regulation and supervision. Use of conservation fee fund monies for the prevention and cleanup of pollution from oil and gas activities regulated by the state corporation commission is sufficiently related to the regulatory function to make its use for such purposes a valid exercise of the police power. The conservation fee fund may be used to fund the study and cleanup of oil and gas pollution pursuant to section 37 of 1986 House Bill No. 3078 (K.S.A. 55-143, as amended by 1986, ch. 201, section 37), to the extent that such study and cleanup are reasonably related to those activities of the oil and gas industry which are regulated by the commission. Use of the conservation fee fund by the state corporation commission for those oil and gas activities it does not regulate (as authorized by K.S.A. 55-143, as amended by L. 1986, ch. 201, section 37, which references subsection (a)(2)(A)-of K.S.A. 65-171d, as amended by L. 1986, ch. 201. section 22), is contrary to the findings of the Kansas Supreme Court in P̲a̲n̲h̲a̲n̲d̲l̲e̲ ̲E̲a̲s̲t̲e̲r̲n̲ ̲P̲i̲p̲e̲l̲i̲n̲e̲ ̲v̲.̲ ̲F̲a̲d̲e̲l̲e̲y̲. Such use exacts revenue from the oil and gas industry under the guise of a regulatory fee in violation of article 11, section 1 of the Kansas Constitution, and the commerce clause and the Fourteenth Amendment of the United State Constitution. Cited herein: Kans. Const., Art. 11, section 1; U.S. Const., Fourteenth Amendment; K.S.A. 55-131; 55-143; 65-171d, as amended by L. 1986, ch. 33, section 10(f); L. 1986, ch. 201, sections 1, 2, 10, 17, 22, 28, 37, 39 and 40; and K.A.R. 28-41-1.
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: Virginia. Office of the Attorney General
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Category : Attorneys general's opinions
Languages : en
Pages : 620
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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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Judging from the facts provided, B.C. Christopher, a financial advisor, has not held itself out as an expert in the area of law and will give no advice regarding the legal rights or obligations of the school district; therefore, it is not engaged in the unauthorized practice of law. The proposal submitted by the financial advisor does not obligate the school district to use the services of the attorney selected by the financial advisor, nor does it prohibit the school district from appointing legal counsel to provide the services necessary for issuing bonds. The proposal does not result in an impermissable impediment to the on-going relationship between the school district and the district's present legal counsel. Failure by the school district to meet all statutory requirements, regardless whether the school district follows the advice of legal counsel, may affect the validity of the issuance of bonds by the school district. Cited herein: K.S.A. 72-6761; 72-8201; 72-8202e; Kan. Const., art. 3, sec. 1; D.R. 7-104; M.P.R.C. 4.2; 1992 Kan. Ct. R. Annot. 225.
