Attorney General Opinion No. 1988-072 PDF Download

Author: Robert T. Stephan
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An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law. Cited herein: K.S.A. 20-119; 20-120, 20-123; 20-124; 20-125; 20-127; Supreme Court Rule 705.

Author: Robert T. Stephan
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T̲h̲e̲ ̲W̲y̲a̲n̲d̲o̲t̲t̲e̲ ̲E̲c̲h̲o̲, in its current form, qualifies as a newspaper in which legal notices may be published pursuant to K.S.A. 1988 Supp. 64-101. Cited herein: K.S.A. 1988 Supp. 64-101.

Author: Robert T. Stephan
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Except as limited by the state constitution and the grant of authority to the federal, government by the federal constitution, the power of the state legislature is absolute with respect to all offices it creates. Such power includes the authority to shorten or lengthen the term of a public office, even though the effect may be to curtail or extend an incumbent's unexpired term. Thus, the provisions of K.S.A. 1980 Supp. 24-412 which extend the terms of office of drainage district directors elected in March of 1980 until April of 1983 represent a valid exercise of legislative authority. Cited herein: K.S.A. 1980 Supp. 24-409, 24-412, Kan. Const., Art. 2, section 18, Art. 15, section 1, L. 1980, ch. 107.

Author: Robert T. Stephan
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A city may use moneys credited to a special liability expense fund to purchase tort liability insurance, but may not use such moneys to construct a "holding pond" on city property. While a city may reduce or eliminate the tax levy authorized by subsection (c) of K.S.A. 75-6110, it may not transfer tax moneys in the special liability expense fund to the general fund of the city. Cited herein: K.S.A. 75-6110, 75-6111, 79-5001, 79-5016; Kan. Const., Art. 11, section 5.

Author: Robert T. Stephan
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In the absence of legislation implementing the consolidation of probation, parole and community corrections services, the "consolidation" provision of section 300 of chapter 239 of the 1992 Session Laws is a nullity. Cited herein: L. 1992, ch. 239, secs. 284, 300.

Author: Robert T. Stephan
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A public body must comply with the provisions of the Kansas Open Meetings Act if two tests are met: (1) the body is a legislative or administrative agency of the state or one of its political or taxing subdivisions, or is subordinate to such a body; and (2) the body receives or expends and is supported in whole or in part by public funds. A rural water district meets the first test as it is a political subdivision of the state. The second test is met if the district receives federal or state grants or other such public funding. Cited herein: K.S.A. 24-1201; K.S.A. 1987 Supp. 24-1219; K.S.A. 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 82a-612; K.S.A. 1987 Supp. 82a-613; K.S.A. 82a-614; 82a-616; 82a-619a; 82a-625; 82a-638.

Author: Robert T. Stephan
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A local government cannot be held liable for a violation of civil rights by its agents under 42 U.S.C. section 1983 on the basis of a respondeat superior theory. Local governments are liable only when execution of a government policy or custom inflicts the injury. Cited herein: K.S.A. 1987 Supp. 8-116a; 42 U.S.C. section 1983.

Author: Robert T. Stephan
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Languages : en
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The letter of notice sent by the Clerk of the Supreme Court to attorneys who fail to register and pay the fee for renewal of their license by July 1 each year, and the return receipt are public records as that term is defined by the Kansas open records act (KORA), K.S.A. 45-215 et seq. These documents are subject to mandatory disclosure as the letter constitutes correspondence intended to give notice of an action relating to a regulatory and enforcement responsibility of the Clerk's office. K.S.A. 1987 Supp. 45-221(a)(14). The list of attorneys certified by the clerk to the Supreme Court who have failed to register and pay the fee, and an order of the Supreme Court suspending an attorney from the practice of law for that reason are also public records which must be disclosed to the public upon request. Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1987 Supp. 45-221.

Author: Robert T. Stephan
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1988 House Bill No. 2704, places restraints on the "property rights" of individuals in order to promote and protect the well established public welfare interest of insuring that human remains are treated properly. In our opinion it clearly represents a valid exercise of the state's inherent police power. Therefore, any private individual claiming ownership of human skeletal remains would not be entitled to compensation simply because the state regulation requires relinquishment of the remains. However, if a claimant convinced the court that 1988 House Bill No. 2704 operated as an eminent domain taking of an identifiable property interest, rather than a valid exercise of police power, the court could require compensation for any legally held property interest taken by the regulation. Valuation of such a property interest would require consideration of factors set forth in K.S.A. 26-513(d) and evidence of (1) the fair market value and condition of the portion of property at the time of the taking, and (2) the loss of that value to the legal owner. Cited herein: K.S.A. 7-103; 12-707; 12-1401; 13-14c01; 14-1007; 15-1001; 15-1014; 17-1302; 19-1015; 19-2901; 19-3106; 21-3512; 21-4112; 21-4115; 21-4214; 22-3902; 26-513; 41-101; 58-2501; 65-901; 65-1701; 65-4127; 73-301; and 80-916.

Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1987 Supp. 19-101a(20), counties may not exempt or change the provisions contained in K.S.A. 1987 Supp. 19-211. Pertinent language of Attorney General Opinion No. 87-164 is amended so as to be consistent with this rule. Cited herein: K.S.A. 1987 Supp. 19-101a(20); 19-211.