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Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Persons who are related, and who are otherwise qualified, may serve concurrently as members of the governing body of a city of the third class having a mayor-council form of government. Similarly, a person related to a member of any such city's governing body may hold the office of city clerk in such city, if the person is otherwise qualified to be appointed to the office. An arrangement whereby certain members of such city's governing body perform compensated maintenance services for the city may create a conflict of interest subject to scrutiny under K.S.A. 75-4304, which proscribes self-dealing contracts by public officers and employees, or if such arrangement creates an employment relationship, it would be proscribed by the doctrine of incompatibility of offices, if the city council members also are compensated for serving in such capacity. Cited herein: K.S.A. 1980 Supp. 12-105a, 12-105b, K.S.A. 13-2903, 15-204, 15-209, 75-4301, 75-4304, 75-4306.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Persons who are related, and who are otherwise qualified, may serve concurrently as members of the governing body of a city of the third class having a mayor-council form of government. Similarly, a person related to a member of any such city's governing body may hold the office of city clerk in such city, if the person is otherwise qualified to be appointed to the office. An arrangement whereby certain members of such city's governing body perform compensated maintenance services for the city may create a conflict of interest subject to scrutiny under K.S.A. 75-4304, which proscribes self-dealing contracts by public officers and employees, or if such arrangement creates an employment relationship, it would be proscribed by the doctrine of incompatibility of offices, if the city council members also are compensated for serving in such capacity. Cited herein: K.S.A. 1980 Supp. 12-105a, 12-105b, K.S.A. 13-2903, 15-204, 15-209, 75-4301, 75-4304, 75-4306.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Moneys withheld from employees' salaries for purposes of an approved deferred compensation plan sponsored by a city are "public moneys" within the meaning of K.S.A. 1981 Supp. 9-701. Such moneys, however, are not "idle funds" which are subject to investment under K.S.A. 1981 Supp. 12-1675. Cited herein: K.S.A. 1981 Supp. 9-701, 12-1675, 26 U.S.C.A. 457.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Personnel of a private security agency are not law enforcement officers within the meaning of the Kansas Code of Criminal Procedure or the Code of Procedure for Municipal Courts. The enforcement powers of such personnel are limited to the authority vested in private persons for the enforcement of state laws and city ordinances.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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 Publisher: ISBN: Category : Languages : en Pages :
Book Description
The conclusion reached in Attorney General Opinion No. 81-158, that a state's interest rate limitations on business and agricultural loans of $1,000 or more have been preempted by federal legislation, is affirmed. However, because such preemption is operative only if the federally-prescribed interest rate limitation exceeds a state's limitation, such preemptive interest rate is not applicable in Kansas, since Kansas statutes no longer impose any interest rate limitations on business and agricultural loans. Cited herein: K.S.A. 1980 Supp. 16-207 (as amended by L. 1981, ch. 88, section 1), 16a-1-301 (as amended by L. 1981, ch. 93, section 5), 12 U.S.C.A. section 86a, P.L. 96-221, section 521, P.L. 96-399, section 324.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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 Publisher: ISBN: Category : Languages : en Pages :
Book Description
Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The common law doctrine of incompatibility of offices precludes a school board member from simultaneously holding the office of county commissioner or the office of mayor of a third class city with a mayor-council form of government. Cited herein: K.S.A. 13-2002, 14-301, 14-1402 and 15-301.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The ownership by a township of a residence which is provided to the road supervisor is a public purpose, insofar as the supervisor also oversees the equipment, materials and supplies of the township that are kept on the premises, as well as maintaining the township hall. Accordingly, in the event that such residence is damaged or destroyed by fire, the township may issue general obligation bonds following an election approving same, with the proceeds used for repair or reconstruction. Cited herein: K.S.A. 1980 Supp. 80-104, K.S.A. 80-113.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A county election officer has no authority to determine the sufficiency of the question stated in the petition for elections but such officer may find a petition insufficient for failure to include an individual date line for each petitioner signing. Cited herein: K.S.A. 25-3601, K.S.A. 1980 Supp. 25-3602, Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan