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Attorney General Opinion No. 1993-063

Attorney General Opinion No. 1993-063 PDF Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
State statute does not preclude a county election officer from concurrently serving as a county or state chairperson or vice-chairperson or as a national committeeperson of a political party. As such committee positions do not constitute public offices, the common law doctrine of incompatibility of offices is inapplicable. A county election officer is not precluded from concurrently serving as a county or state chairperson or vice-chairperson or as a national committeeperson of a political party. Cited herein: K.S.A. 19-301; 19-3419; 25-221 (repealed, L. 1972, ch. 129, sec. 12); 25-312, as amended by L. 1968, ch. 406, sec. 98; 25-2303; 25-2504; K.S.A. 1992 Supp. 25-3801; K.S.A. 25-3802 (repealed, L. 1990, ch. 131, sec. 1); 25-3803 (repealed, L. 1990, ch. 131, sec. 1); 25-3805 (repealed, L. 1990, ch. 131, sec. 1); 25-3808; 25-3901; K.S.A. 1992 Supp. 44-714; K.S.A. 74-2113; K.S.A. 1992 Supp. 75-2953; L. 1959, ch. 174, sec. 2;General Statutes of 1949, sec. 25-221, as amended by L. 1957, ch. 230, sec. 1; 5 U.S.C.A. sec. 1501.

Attorney General Opinion No. 1993-063

Attorney General Opinion No. 1993-063 PDF Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
State statute does not preclude a county election officer from concurrently serving as a county or state chairperson or vice-chairperson or as a national committeeperson of a political party. As such committee positions do not constitute public offices, the common law doctrine of incompatibility of offices is inapplicable. A county election officer is not precluded from concurrently serving as a county or state chairperson or vice-chairperson or as a national committeeperson of a political party. Cited herein: K.S.A. 19-301; 19-3419; 25-221 (repealed, L. 1972, ch. 129, sec. 12); 25-312, as amended by L. 1968, ch. 406, sec. 98; 25-2303; 25-2504; K.S.A. 1992 Supp. 25-3801; K.S.A. 25-3802 (repealed, L. 1990, ch. 131, sec. 1); 25-3803 (repealed, L. 1990, ch. 131, sec. 1); 25-3805 (repealed, L. 1990, ch. 131, sec. 1); 25-3808; 25-3901; K.S.A. 1992 Supp. 44-714; K.S.A. 74-2113; K.S.A. 1992 Supp. 75-2953; L. 1959, ch. 174, sec. 2;General Statutes of 1949, sec. 25-221, as amended by L. 1957, ch. 230, sec. 1; 5 U.S.C.A. sec. 1501.

Attorney General Opinion No. 1983-063

Attorney General Opinion No. 1983-063 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601.

Attorney General Opinion No. 1997-063

Attorney General Opinion No. 1997-063 PDF Author: Carla J. Stovall
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Languages : en
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Book Description
The doctrine of incompatibility of offices prevents the Chairman of the Pooled Money Investment Board from also serving as the Director of Investments where the Chairman was granted all powers necessary to perform the duties of the Director of Investments. Cited herein: K.S.A. 1996 Supp. 12-1677a; 12-3734; 40-3406; 44-712; K.S.A. 75-2935b; K.S.A. 1996 Supp. 75-4212a; 75-4221a; 75-4222; 75-4232; 75-4234; 75-4236; 1997 S.B. 282.

Attorney General Opinion No. 1987-063

Attorney General Opinion No. 1987-063 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
Driving under the influence (DUI) is listed in the Kansas statutes as a "serious traffic offense," K.S.A. 1986 Supp. 8-1567. Based on Kansas appellate case law, however, it is our opinion that DUI is a criminal offense. Therefore, absent a court order, a log of breath test machine results is a criminal investigation record which is not required to be disclosed to the public. Cited herein: K.S.A. 1986 Supp. 8-1567; K.S.A. 21-3108; 45-215; 45-217; 45-221; 45-222.

Attorney General Opinion No. 1995-063

Attorney General Opinion No. 1995-063 PDF Author: Carla J. Stovall
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Languages : en
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Book Description
Whether adjudicated under the juvenile offenders code or prosecuted as adults, juveniles may not be fingerprinted subsequent to disposition unless fingerprinting is specifically authorized by a judge of the district court having jurisdiction. Cited herein: K.S.A. 1994 Supp. 21-2501; 21-2511, as amended by 1995 S.B. 333, section 1; 21-3301; 21-3501; 21-3505; 21-3508; 22-4701; K.S.A. 22-4705; 38-1601; K.S.A. 1994 Supp. 38-1602, 38-1611; L. 1991, ch. 92, section 1; L. 1992, ch. 143, section 1; K.A.R. 10-19-9.

Attorney General Opinion No. 1994-063

Attorney General Opinion No. 1994-063 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
All reasonable costs of the county attorney's assistance in representing the interests of the state in appeals and other post-conviction actions shall be allowed and must be paid by the county commissioners from the county general fund. The work performed in relation to post trial motions, such as reviewing sentencing reports and probation violation reports, are not representation of the state in appeals or post-conviction actions as contemplated by K.S.A. 22-3612. Further, when the county attorney appears in the court having jurisdiction within the county to prosecute or defend on behalf of the people, the county attorney is not entitled to supplemental payments pursuant to K.S.A 22-3612. Cited herein: K.S.A. 19-702; 22-3603; 22-3612; 60-1501; 60-1507.

Attorney General Opinion No. 1993-069

Attorney General Opinion No. 1993-069 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
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.

Attorney General Opinion No. 1993-009

Attorney General Opinion No. 1993-009 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
The incident based reporting system code sheet is a public record that must be disclosed by law enforcement agencies upon request. Cited herein: K.S.A. 45-216; K.S.A. 1992 Supp. 45-217; K.S.A. 45-218; K.S.A. 1992 Supp. 45-221; 22-4701; K.S.A. 22-4707.

Attorney General Opinion No. 1990-063

Attorney General Opinion No. 1990-063 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
A sheriff may incur liability for confining a juvenile offender in jail, even when juvenile detention facilities are not available. However, local units of government may be held liable for releasing a juvenile offender who then proceeds to commit subsequent crimes. Cited herein: K.S.A. 1989 Supp. 38-1632; 42 USC section 5601, 42 USC section 5633.

Attorney General Opinion No. 1993-029

Attorney General Opinion No. 1993-029 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
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).