Attorney General Opinion No. 1981-028 PDF Download

Author: Robert T. Stephan
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Languages : en
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Municipal airport property may be leased only for those purposes "directly or incidentally and necessarily required for the successful and proper operation" of the airport, and cannot be leased for commercial ventures unrelated to aviation purposes. (Affirming Attorney General Opinion No. 75-402.) Cited herein: K.S.A. 1980 Supp. 3-113, K.S.A. 3-116.

Author: Robert T. Stephan
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Languages : en
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The deputy county clerk is not required by law to remain in the clerk's office at all times when the clerk is absent and may attend meetings with the clerk. The board of county commissioners has the authority to set office hours for the offices of elected county officials; however, the board may not set the working hours of the elected officials. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-212, 19-302, 19-2601, K.S.A. 1980 Supp. 25-101, K.S.A. 25-702, K.S.A. 1980 Supp. 25-4301, K.S.A. 28-824, 60-1205, 75-714.

Author: Curt Thomas Schneider
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Languages : en
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The use of codes to transmit non-conviction data for investigative or intelligence purposes by voice over the radio appears to be a reasonable precaution to be taken and within the guidelines set forth by the Department of Justice regulations governing the dissemination of criminal history record information as defined therein.

Author: Robert T. Stephan
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Languages : en
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Pursuant to the provisions of certain statutes whereby cities may undertake work on private property and assess the cost thereof against the property, a city may assess only actual costs incurred by the city. A city may not, under said statutes, assess a purely arbitrary amount which purports to represent administrative and publication costs incurred by the city. However, where a city may demonstrably measure the administrative costs and publication costs attributable to a specific work project, said costs may be assessed against the property. Cited herein: K.S.A. 12-1617e, 12-1617f, 12-1755, 17-4759; L. 1981, Ch. 173, section 54.

Author: Robert T. Stephan
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Languages : en
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Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 29-301 requires adjacent landowners to share the costs of erecting and maintaining partition fences. Kansas' adoption of a "fence-in" policy with respect to domestic animal trespass does not negate this duty, notwithstanding the use each landowner makes of his land. Cited herein: K.S.A. 29-101; 29-102; 29-108; 29-201; 29-301; 29-304; 29-305; 29-309; 47-104; 47-120; 47-121; K.S.A. Ensley 1981 47-101 to 47-103; 47-105; 47-106; 47-107 to 47-110; 47-112 to 47-119; 47-301; G.S. 1868, ch. 40, section 1.

Author: Robert T. Stephan
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Languages : en
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There is no legal basis for a county sheriff to receive any remuneration in connection with providing meals for county prisoners over and above the actual and reasonable expenditures made by the sheriff in providing such meals. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-212, 19-229, 19-811, 19-1903, 19-1910 (as amended by L. 1981, ch. 350, section 1),19-1917, 19-1930 (as amended by L. 1981, ch. 350, section 2), and 28-109.

Author: Robert T. Stephan
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Languages : en
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The provisions of the Kansas Open Meetings Law preclude the election of the acting president of the City Council of Merriam by secret ballot. Cited herein: K.S.A. 1980 Supp. 75-4318.

Author: Robert T. Stephan
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Languages : en
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Nothing in the regulations affecting adult care homes promulgated by the department of health and environment requires adult care home owner-licensees or members of corporate boards of directors of adult care homes to supply their social security identification numbers or dates of birth to the department. Cited herein: K.S.A. 1980 Supp. 39-931, 39-931a, K.S.A. 39-932, K.A.R. 28-39-3, 28-39-33, 28-39-62.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 19-723, which authorizes the board of county commissioners to employ an additional attorney to assist the county attorney, involves a discretionary power held by the board and does not mandate such special assistant be employed. Cited herein: K.S.A. 19-723, G.S. 1949, 19-718.