Attorney General Opinion No. 1985-012 PDF Download

Author: Robert T. Stephan
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Languages : en
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Teaching personnel at the State School for the Deaf and the State School for the Visually Handicapped are state employees in the unclassified service of the state's civil service system. As such, they are not governed by the laws which grant tenure and continuing contract rights to teachers in the public elementary and secondary schools. Cited herein: K.S.A. 72-5410, 72-5413, K.S.A. 1984 Supp. 72-5436, K.S.A. 75-2935, 76-715, 76-1001a, 76-1002a, 76-1101a, 76-1116.

Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices does not preclude one person from simultaneously holding the offices of deputy sheriff and mayor of a third class city having the mayor-council form of government. Cited herein: K.S.A. 15-301, 15-308, K.S.A. 1984 Supp. 19-805, K.S.A. 19-812, 19-813.

Author: Robert T. Stephan
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Languages : en
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In the absence of a statute to the contrary, a register of deeds lacks authority to allow changes to be made in the real estate records of the county in order to correct errors made in original instruments that were properly recorded by the register of deeds. If the parties to a recorded instrument discover an error in the original instrument, a document containing the correct information should be prepared and recorded. The register of deeds is an elected county officer whose duties are prescribed by law. No other officer or entity is charged with the responsibility of supervising the activities of the register of deeds. However, like the actions of any other public officer, the actions of a register of deeds are subject to review by the courts and the electors of the county. Cited herein: K.S.A. 19-1204, 58-2221.

Author: Robert T. Stephan
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Languages : en
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Session of 1984 Senate Bill 695 is constitutional. A teacher may voluntarily and knowingly waive his due process rights pursuant to K.S.A. 72-5438 through K.S.A. 72-5443 and K.S.A. 72-5446 by entering into an agreement with the board of education to participate in a supplemental salary plan. Cited herein: K.S.A. 60-2101; 72-5437; 72-5438; 72-5443; 72-5446.

Author: Robert T. Stephan
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Languages : en
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Section 7 of the Kansas Bill of Rights and the First Amendment to the United States Constitution guarantee free exercise of religion. Students do not shed these rights when they enter school grounds. Absent a compelling state interest, a student may not be prohibited from reading a Bible or other religious text during free reading periods or unstructured recesses. Cited herein: Kan. Const. Bill of Rights, section 7; U.S. Const., Amend. I.

Author: Robert T. Stephan
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Languages : en
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The removal of a new or used vehicle from a stock of vehicles (held for resale) by a licensed vehicle dealer, and registration of the vehicle in the dealership name, does not constitute a sale at retail under the provisions of K.S.A. 1983 Supp. 79-3602(e). However, where such registration of a vehicle occurs, compensating tax is due pursuant to the provisions of K.S.A. 79-3703, K.A.R. 92-20-3, and K.A.R. 1983 Supp. 92-19-43. Also, in computing said tax, the dealer may not claim credit for a trade-in allowance given by the dealer in the transaction whereby the dealer acquired the vehicle. Cited herein: K.S.A. 8-136, K.S.A. 1983 Supp. 79-3602, 79-3603, K.S.A. 79-3618, 79-3702, 79-3703, 79-3704, 79-3705a, K.A.R. 92-19-11, 92-19-25, K.A.R. 1983 Supp. 92-19-43, K.A.R. 92-20-3.

Author: Curt Thomas Schneider
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Languages : en
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District judges, associate district judges and district magistrate judges may be assigned to hear and try any case within such assigned judge's jurisdiction by the appropriate departmental justice. The administrative judge may make such assignments when and as authorized to do so by the departmental justice.

Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and county clerk. Cited herein: K.S.A. 79-1965, 79-5004.

Author: Robert T. Stephan
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Languages : en
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The abandonment of the commission form of government by a city of the second class does not invalidate city ordinances adopted under that form of government. Cited herein: K.S.A. 14-1807.

Author: Robert T. Stephan
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Under the provisions of K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16) and K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), a county attorney or city attorney is not prohibited from entering into a diversion agreement in lieu of further criminal proceedings if a defendant (charged with an alcohol related offense) has been convicted of or pleaded n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to a violation of an alcohol related offense in a state other than Kansas. However, a previous conviction in another state must be considered in determining whether diversion of a defendant is in the interest of justice. Cited herein: K.S.A. 1984 Supp. 8-1567 (as amended by L. 1985, ch. 50, section 5), K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16); L. 1983, ch. 37, section 2.