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Attorney General Opinion No. 1998-059

Attorney General Opinion No. 1998-059 PDF Author: Carla J. Stovall
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
Unified school districts are required by subsection (b) of K.S.A. 1997 Supp. 72-89b03, as amended by L. 1998, Ch. 171, section 4, to adopt a policy establishing a procedure for reporting to the police, county attorney, Attorney General, Kansas Highway Patrol, or other similar law enforcement agency, as appropriate, acts which have been committed at school, on school property, or at a school supervised activity when the acts involve conduct which constitutes the commission of a felony or misdemeanor or the possession, use, or disposal of explosives, firearms, or other weapons. A unified school district may adopt a policy whereby all reports of incidents are made to an employee designated by the board of education of a unified school district. The designated employee may then review the reports. If it is determined that the incident involved conduct which constitutes the commission of a felony or a misdemeanor, or which involves the possession, use or disposal of explosives, firearms, or other weapons, the law requires the designated employee to forward the report to the appropriate law enforcement agency. A school policy providing for the reporting of an incident to a school resource officer who is employed by the police department or other law enforcement agency as a law enforcement officer may fulfill the requirements of K.S.A. 1997 Supp. 72-89b03 if such manner of reporting is acceptable to the law enforcement agency. Cited herein: K.S.A. 1997 Supp. 21-4502; 21-4503a, as amended by L. 1998, Ch. 192, section 5; K.S.A. 72-8222; K.S.A. 1997 Supp. 72-89b01; 72-89b03, as amended by L. 1998, Ch. 171, section 4; 72-89b04; 74-5602; K.S.A. 1985 Supp. 74-5602; L. 1996, Ch. 87, section 2; L. 1995, Ch. 123, section 3; L. 1987, Ch. 277, sections 1, 2.

Attorney General Opinion No. 1998-059

Attorney General Opinion No. 1998-059 PDF Author: Carla J. Stovall
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
Unified school districts are required by subsection (b) of K.S.A. 1997 Supp. 72-89b03, as amended by L. 1998, Ch. 171, section 4, to adopt a policy establishing a procedure for reporting to the police, county attorney, Attorney General, Kansas Highway Patrol, or other similar law enforcement agency, as appropriate, acts which have been committed at school, on school property, or at a school supervised activity when the acts involve conduct which constitutes the commission of a felony or misdemeanor or the possession, use, or disposal of explosives, firearms, or other weapons. A unified school district may adopt a policy whereby all reports of incidents are made to an employee designated by the board of education of a unified school district. The designated employee may then review the reports. If it is determined that the incident involved conduct which constitutes the commission of a felony or a misdemeanor, or which involves the possession, use or disposal of explosives, firearms, or other weapons, the law requires the designated employee to forward the report to the appropriate law enforcement agency. A school policy providing for the reporting of an incident to a school resource officer who is employed by the police department or other law enforcement agency as a law enforcement officer may fulfill the requirements of K.S.A. 1997 Supp. 72-89b03 if such manner of reporting is acceptable to the law enforcement agency. Cited herein: K.S.A. 1997 Supp. 21-4502; 21-4503a, as amended by L. 1998, Ch. 192, section 5; K.S.A. 72-8222; K.S.A. 1997 Supp. 72-89b01; 72-89b03, as amended by L. 1998, Ch. 171, section 4; 72-89b04; 74-5602; K.S.A. 1985 Supp. 74-5602; L. 1996, Ch. 87, section 2; L. 1995, Ch. 123, section 3; L. 1987, Ch. 277, sections 1, 2.

Attorney General Opinion No. 1999-059

Attorney General Opinion No. 1999-059 PDF Author: Carla J. Stovall
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Languages : en
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Book Description
The creation of an organized fire safety program is a legislative decision of a city's governing board. Determining the location of fire stations and whether to renovate existing fire stations or construct new fire stations so as to provide the best fire safety for a city involves administrative decisions of the city governing body. A petition proposing an ordinance which would establish the location of a fire station, therefore, is not authorized under K.S.A. 12-3013. Moreover, a petition authorized under K.S.A. 12-3013 must contain the question which petitioners seek to bring to an election. The question must be in the form of a question as it should appear upon the ballot. The petition may either set forth the proposed ordinance in its entirety or may include a title generally descriptive of the contents of the proposed ordinance. Finally, a petition authorized under K.S.A. 12-3013 must be filed with the county attorney for an opinion regarding the legality of the form of the question set forth in the petition. Cited herein: K.S.A. 12-3013; 25-3601; 25-3602; 71-501; K.S.A. 1998 Supp. 72-6433; K.S.A. 72-8801.

Attorney General Opinion No. 1994-059

Attorney General Opinion No. 1994-059 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
Because the legislation proposed in 1994 senate bill no. 623 impairs a contractual right of those members having a vested interest in the retirement system without accompaniment of an offsetting or counterbalancing advantage, the bill violates section 10 of article 1 of the United States constitution and K.S.A. 74-4923. Cited herein: K.S.A. 74-4901; 74-4917; 74-4923; 74-4951; 1994 S.B. No. 623; 1994 S.B. No. 624; U.S. Const., art. 1, sec. 10.

Attorney General Opinion No. 1976-059

Attorney General Opinion No. 1976-059 PDF Author: Curt Thomas Schneider
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Languages : en
Pages : 2

Book Description
The Register of Deeds must file and index liens on growing crops, under the above statutes as amended, in the land records for the land upon which the crops are located as well as in the alphabetical records under the name of the owner of said crops.

Attorney General Opinion No. 1986-059

Attorney General Opinion No. 1986-059 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
Kansas laws pertaining to driving under the influence of alcohol allow conviction when the accused's blood or breath alcohol test (BAT) registers less than .10 as long as other supporting evidence is available. A conviction under a similar statute in another state may be considered for sentencing purposes. Cited herein: K.S.A. 1985 Supp. 8-1005; 8-1567.

Attorney General Opinion No. 1991-059

Attorney General Opinion No. 1991-059 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
The legislature is authorized pursuant to article 4, section 3 of the Kansas constitution to prescribe the grounds and procedures for recall of elected public officials. The procedure set forth by the legislature obligates the county or district attorney to determine the sufficiency of the grounds asserted in a petition seeking the recall of a local officer. The county or district attorney does not determine whether the local officer should be subject to recall. Rather, the county or district attorney determines whether the grounds are set forth with sufficient particularity so as to permit the local officer an opportunity to prepare a statement in justification of the officer's conduct in office. Cited herein: K.S.A. 25-4301; K.S.A. 1990 Supp. 25-4302; K.S.A. 25-4312; K.S.A. 1990 Supp. 25-4320; K.S.A. 25-4326; 25-4329; 25-4331; Kan. Const., art. 4, section 3.

Attorney General Opinion No. 1998-046

Attorney General Opinion No. 1998-046 PDF Author: Carla J. Stovall
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Languages : en
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Book Description
K.S.A. 14-1302, which prohibits under certain conditions a city commission from appointing one of its former members to a city office, is subject to charter ordinance because it does not apply uniformly to all cities. However, the common law may still preclude a city commission from appointing one of its members to the office of city manager even if the member resigns his commission position unless the charter ordinance contains specific provisions that have the effect of abrogating the common law prohibition. Cited herein: K.S.A. 12-1011; 12-1014; 14-1302.

Attorney General Opinion No. 1998-039

Attorney General Opinion No. 1998-039 PDF Author: Carla J. Stovall
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Languages : en
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Book Description
A regional library created pursuant to K.S.A. 12-1231 et seq. is a taxing subdivision for purposes of exempting itself from the tax lid law pursuant to K.S.A. 79-5036(c) and a political subdivision for purposes of having an employee benefits contribution fund established for it pursuant to K.S.A. 12-16,102. Cited herein: K.S.A. 12-1231; 12-1232; 12-1233; 12-1234; 12-16,102; 79-5021; 79-5036.

Attorney General Opinion No. 1993-059

Attorney General Opinion No. 1993-059 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
With the exception of assistant county attorneys, employees of the county attorney's office are "public employees" pursuant to the public employer-employee relations act unless excluded by K.S.A. 75-4322(a), and therefore can participate in an election to determine their representative. The board of county commissioners is the proper governing body and the county is the "public employer" for the county attorney's employees for the purposes of the Kansas public employer-employee relations act. However, the county attorney can elect not to be bound by such a collective bargaining agreement. Cited herein: K.S.A. 19-302; 19-503; 19-706b; 19-805; 19-1202; 75-4321; 75-4322; 75-4324; 75-4327.

Attorney General Opinion No. 1998-049

Attorney General Opinion No. 1998-049 PDF Author: Carla J. Stovall
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Languages : en
Pages :

Book Description
A series of meetings or communications between members of a public body, each of which may involve less than a majority of a quorum of a public body, but collectively totaling a majority of a quorum, the purpose of which is to discuss a common topic of the business or affairs of that body so that the views of the members are exchanged in an interactive dialogue, constitutes a meeting for purposes of the Kansas Open Meetings Act. The communications need not be direct for the Act to apply, but must be at the direction or behest of the members of the body. Whether a series of communications is a violation of the Act is very fact specific, and each situation must be decided on its facts. Cited herein: K.S.A. 75-4317; 75-4317a; 75-4318.