Attorney General Opinion No. 1981-204 PDF Download

Author: Robert T. Stephan
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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
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The office of county attorney and city attorney are not incompatible as a matter of law. However, should a situation develop where an attorney holding both offices is confronted by a conflict of interest in representing both municipalities, such offices would be incompatible, and the attorney would be precluded as a matter of law from serving simultaneously in both positions. Attorney General Opinion No. 79-25 is affirmed. A currently serving city attorney is entitled, in the absence of constitutional or statutory provisions to the contrary, to hold over indefinitely until his successor is chosen and has qualified. Pursuant to K.S.A. 15-204, which statute requires the consent of the city council for the appointment of a city attorney in a city of the third class, the conferring or withholding of consent by the council is a discretionary act, and a council member need not state a reason for withholding his or her consent to appointments made by the mayor. Although the wisdom or prudence of any failure to confirm a mayoral appointment is not likely to be "second-guessed" by Kansas courts, an extended pattern of unreasonable rejections of mayoral appointments might constitute bad faith on the part of council members and be grounds for ouster proceedings. Attorney General Opinion No. 79-109 is affirmed. Cited herein: K.S.A. 15-204.

Author: Robert T. Stephan
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city councilman and municipal judge in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 15-204, 15-209.

Author: Robert T. Stephan
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A request for notice of public meetings remains valid indefinitely, at least for a reasonable period of time. No written statement is required to withdraw a request for notice, although such written withdrawal would be advisable. No charge may be made for the providing of notice of public meetings. Requests for notice are to be honored regardless of residency of the requester. And the death of the requester permits the governmental unit to cease providing such notice, except where the deceased person had requested notice as a representative of an organization or known individuals. Cited herein: K.S.A. 75-4317, K.S.A. 1980 Supp. 45-204, 75-4318.

Author: Robert T. Stephan
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In a city of the third class with a mayor-council form of government, the existence of an ordinance creating the municipal office of police commissioner is a condition precedent to the appointment of an officer to fill that position. However, the doctrine of incompatibility of offices precludes a council member from concurrently serving as police commissioner in the event such office has been lawfully established. Cited herein: K.S.A. 15-204.

Author: Robert T. Stephan
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K.S.A. 1980 Supp. 12-1215, as amended by 1981 Senate Bill No. 204, allows the board of directors of certain city libraries to increase the mill levy above the current levy, either from 2.5 mills up to, but not exceeding, 4 mills, or, if this has proven to be insufficient, above 4 mills by an additional amount not to exceed 1/4 mill each year, up to a limit of 6 mills. A resolution to this effect which is adopted by the board must state the total amount of the tax to be levied for library purposes, which amount represents a figure based on mills rather than a total dollar amount. Cited herein: K.S.A. 1980 Supp. 12-1215 as amended by 1981 Senate Bill No. 204, K.S.A. 79-2963.

Author: Robert T. Stephan
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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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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
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The election to determine whether the number of county commissioner districts will be changed is a general election held on the Tuesday succeeding the first Monday in November on even-numbered years. Cited herein: K.S.A. 1980 Supp. 19-204, 25-101, K.S.A. 25-2501, 25-2502, 25-2507, K.S.A. 1980 Supp. 25-3901, K.S.A. 77-201, T̲w̲e̲n̲t̲y̲-̲S̲i̲x̲t̲h̲, K̲a̲n̲.̲ C̲o̲n̲s̲t̲.̲, Art. 4, Sec. 2. (Affirming Attorney General Opinion No. 80-181.).

Author: Robert T. Stephan
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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.