Attorney General Opinion No 1987 133
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| Author | : Robert T. Stephan |
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| Release | : 1987 |
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A joint (city-school district) district recreation system established under the provisions of L. 1987, ch. 71, section 4(c) is a "new recreation system" and is subject to a one mill levy limitation (for general purposes) in its first year of operation. (L. 1987, ch. 71, sections 4, 6.) The aforesaid levy limitation applies where a joint district recreation system "replaces" a city recreation commission which levied 3 mills under K.S.A. 12-1901 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 12-1901; L. 1987, ch. 71, sections 4, 6.
| Author | : Robert T. Stephan |
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| Release | : 1989 |
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K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions which are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Const., Art. 12, section 5.
| Author | : Robert T. Stephan |
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| Release | : 1987 |
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K.S.A. 24-136 provides for a special emergency fund, from which the board of directors of a drainage district can pay for most maintenance and repair work required in the operation of the drainage district. Cited herein: K.S.A. 24-133; 24-136; 24-627; 24-634.
| Author | : Robert T. Stephan |
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| Release | : 1987 |
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Statutory provisions regulating high school activities associations do not prohibit boards of education of unified school districts from paying membership dues to the Kansas Eight-Man Football Association. Cited herein: K.S.A. 72-130; 72-132; 72-133.
| Author | : Robert T. Stephan |
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| Release | : 1988 |
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A program designed to encourage youths to seek counseling, education, or treatment for substance abuse may be considered as aiding the prevention and education or intervention of drug and alcohol abuse. Whether this is the principal purpose of the programs in question for purpose of receiving special alcohol and drug programs funds moneys is a question of fact to be determined by the county commission in conjunction with the local drug and alcohol advisory board. Cited herein: K.S.A. 1987 Supp. 79-41a04.
| Author | : Robert T. Stephan |
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| Release | : 1987 |
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Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.
| Author | : Robert T. Stephan |
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| Release | : 1980 |
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Provided constitutional and procedural standards are employed, the Kansas legislature may make unlawful the use of radar detection devices and provide penalties for use of such a device and allow seizure thereof. Cited herein: 47 U.S.C. sections 151, e̲t̲ s̲e̲q̲.
| Author | : Robert T. Stephan |
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| Release | : 1983 |
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A city ordinance which purports to authorize "independent contractors" to exercise the sovereign power of the city is contrary to statewide public policy, and is void. However, individuals who act as city attorney and municipal judge, under such an ordinance, are d̲e̲ f̲a̲c̲t̲o̲ officers of the city, and their acts are valid insofar as they involve the public and third parties. Additionally, the legal and judicial services provided by said individuals constitute "employment," as said term is defined in the Old Age and Survivors Insurance Act, and social security contributions are payable by the city with respect to remuneration paid for such services. Cited herein: K.S.A. 40-2301, 40-2302, 40-2305, 60-1205, L. 1983, ch. 157, section 1, Kan. Const., Art. 9, section 5.
| Author | : Robert T. Stephan |
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| Release | : 1987 |
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Under the provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.
| Author | : Robert T. Stephan |
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| Release | : 1987 |
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Written instruments representing liens arising pursuant to the provisions of CERCLA, 42 U.S.C.S. section 9601 e̲t̲ s̲e̲q̲., or ERISA, 29 U.S.C.S. section 1001 e̲t̲ s̲e̲q̲., which are properly proved or acknowledged and certified are entitled to recording by the register of deeds in the county in which the real property affected by the instrument is located. Such instruments which do not meet these initial filing requirements should be filed in the office of the clerk of the United States District Court for the district in which the real property is located. The filing fees prescribed by K.S.A. 28-115 are appropriate for the filing of such instruments, and the instruments should be filed so as to provide notice to third parties. Cited herein: K.S.A. 28-115; 58-2221; 79-2601; 79-2607; 79-2608; 26 U.S.C.S. section 6323; 29 U.S.C.S. sections 1001, 1362, 1363, 1364, 1368; 42 U.S.C.S. sections 9601, 9607.
