Attorney General Opinion No. 1980-173 PDF Download

Author: Robert T. Stephan
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Languages : en
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A telephone conference call among members of a public body may constitute a meeting of such body, where the number of members engaged in such call is sufficient by statute to transact the business of the body, and so long as all members thereof are notified of the conference call and given the opportunity to participate. Meetings held pursuant to telephone conference calls are subject to the Open Meetings Act where such calls involve a majority of a quorum of the public body's membership, even though the number of members involved is not enough to transact the business of the public body. Cited herein: K.S.A. 75-4317, K.S.A. 1979 Supp. 75-4318.

Author: Vern Miller
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Languages : en
Pages : 2

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We have your letter of May 29, concerning opinion no. 73-286, of August 22, 1973, and enclosing a letter from Mr. O'Keefe. He argues, as anticipated in the 1973 opinion, that K.S.A. 1972 Supp. 22-3609 provides an independent and, as it were, self- contained, statement of the right to appeal and the manner of doing so, and makes no reference to any requirement of a cost deposit.

Author: Robert T. Stephan
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Languages : en
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Pursuant to ordinances of the city of Roeland Park, the duties of the city attorney must be prescribed by ordinance passed by the governing body. Accordingly, where no ordinance prescribes that the city attorney shall represent city officers who are sued in an individual capacity (for actions they have taken in their official capacities), the city attorney may refuse to represent such city officials, and such refusal is not a cause for removal from office. If, at the direction of the governing body, and in the absence of any fee agreement with an individual official, the Roeland Park City Attorney voluntarily undertakes the defense of a city officer who has been sued in an individual capacity, it is our opinion that he is to be compensated at the hourly rate established for services provided for the city. Cited herein: K.S.A. 1987 Supp. 75-6108.

Author: Robert T. Stephan
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Languages : en
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Even though the president of the United States may have authority to delegate powers and duties to the governor, the president has no constitutional power to compel the governor's acceptance of such delegation. Moreover, under our constitutional form of government, the governor has no inherent power separate and apart from our state's constitution, and the authority of the governor must be derived from the specific grants of power to the governor in the constitution and in the laws duly enacted by the legislature thereunder. Thus, as respects powers and duties delegated to the governor by the president, the governor's ability to accept such delegation is dependent upon the existence of specific constitutional or statutory provisions providing such authority, or upon such authority as is to be reasonably and necessarily implied therefrom. Cited herein: Kan. Const., Art. 1, sections 3, 7; 15 U.S.C.A. sections 751 e̲t̲ s̲e̲q̲., 42 U.S.C.A. sections 8501 e̲t̲ s̲e̲q̲.

Author: Robert T. Stephan
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Languages : en
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Pursuant to L. 1980, ch. 72, section 3, "personal liability" is imposed upon boards of public utilities and their employees in certain circumstances. Such imposition of "personal liability" does not violate constitutional requirements of equal protection and due process, and is not invalid or unenforceable on the ground of vagueness. Employees of a board of public utilities and board members are not entitled to be indemnified or defended against the personal liability imposed by L. 1980, ch. 72, section 3. Cited herein: K.S.A. 13-1220, K.S.A. 1979 Supp. 13-1221, 13-1223, 13-1227, 13-1228, 13-1258, K.S.A. 13-1271, K.S.A. 1979 Supp. 75-6101; L. 1980, ch. 72, sections 3, 7, 8, 14, 19, and 22; Kan. Const., Bill of Rights sections 1, 2; and U.S. Const., Fourteenth Amendment.

Author: Robert T. Stephan
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Languages : en
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Where several governmental entities have constructed a building for their joint use under an interlocal agreement, and each such entity has authority to establish its own building fund to provide for the replacement of the roof on such building, the agreement may be amended to establish a joint building fund for such purpose. However, where each party to the agreement has discretionary investment powers regarding moneys in its own fund which differ from those of the other parties, the creation of a joint fund and the investment of moneys therein may constitute an improper delegation of each party's separate authority. Such problem may be avoided if each party establishes its own building fund and the interlocal agreement amended to require that moneys in these respective funds be turned over to the administrative entity created by the agreement when needed. Cited herein: K.S.A. 12-1675, 12-1736, 12-1737 (as amended by L. 1981, ch. 173, section 23), 12-2901, K.S.A. 1980 Supp. 12-2904, K.S.A. 19-15,114, 19-15,115, K.S.A. 1980 Supp. 19-15,116, K.S.A. 72-8801 (as amended by L. 1981, ch. 286, section 2), 72-8804 (as amended by L. 1981, ch. 286, section 23), 79-2934.

Author: Robert T. Stephan
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Languages : en
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In determining the assessment of real property under K.S.A. 79-417, the county clerk should seek assistance from the county appraiser. It is the date upon which the county clerk discovers that real property has been omitted from the assessment and tax rolls that determines upon which year's assessment and tax rolls the property is to be placed. If the discovery is made on or after November 1 and prior to January 1, the property is to be placed on the assessment and tax rolls of the next tax year. If the discovery is made on or after January 1 and prior to November 1, the property is to be placed on the assessment and tax rolls of the current tax year. Cited herein: K.S.A. 19-430, 19-432, 79-408, 79-417, 79-1412a, S̲e̲c̲o̲n̲d̲, E̲i̲g̲h̲t̲h̲, 79-1801, as amended by L. 1981, ch. 380, section 2, 79-1803, as amended by L. 1981, ch. 379, section 2, 79-1804, 79-2001, as amended by L. 1981, ch. 173, section 78, K.S.A. 1980 Supp. 79-2004.

Author: Robert T. Stephan
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Languages : en
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The initial determination, by a city, to adopt one of two alternative flood control projects, is legislative in nature, and is a proper subject of an initiative petition under the provisions of K.S.A. 1980 Supp. 12-3013, as amended by Section 31 of Chapter 173 of the 1981 Session Laws of Kansas. However, a proposed ordinance, which is submitted to a city governing body under the initiative and referendum statute, may not include provisions which are administrative in nature, or provisions which conflict with applicable state statutes. Where a proposed ordinance contains such provisions, it is not subject to the initiative and referendum process. Cited herein: K.S.A. 12-635, 12-636, 12-644, 12-645, 12-3013; L. 1981, Ch. 173, Section 31; Kan. Const., Art. 12, Section 5(c).

Author: Robert T. Stephan
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Languages : en
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Pursuant to Kansas law, counties may impose limitations as to the size and weight of vehicles on certain roads. Constitutional restrictions apply to such regulations and require that every classification be reasonable and rest upon a rational basis which serves a valid governmental purpose. The proposed regulation restricting weight on county roads should apply equally to all vehicles under the same circumstances and conditions. Cited herein: K.S.A. 19-101 F̲i̲f̲t̲h̲; K.S.A. 1986 Sup. 19-101a; K.S.A. 89-1912; K.S.A. 8-2002(f); U.S. Const. Fourteenth Amend.

Author: Robert T. Stephan
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Languages : en
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Real estate brokers and salespersons who have been continuously and actively licensed in this state for a period of five or more years immediately prior to July 1, 1980, are not required to submit evidence of "continuing education" under the provisions of Section 13(g) of the Real Estate Brokers' and Salespersons' License Act [L. 1980, Ch. 164, section 13(g)]. A real estate broker or salesperson need not have been continuously and actively engaged in the real estate business for the subject period of time in order to qualify for the exemption created by the aforesaid section. Cited herein: L. 1980, Ch. 164, 12(b) and 13(g).