Attorney General Opinion No. 1987-065

Attorney General Opinion No. 1987-065
Author: Robert T. Stephan
Publisher:
Total Pages:
Release: 1987
Genre:
ISBN:

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.

Attorney General Opinion No. 1988-173

Attorney General Opinion No. 1988-173
Author: Robert T. Stephan
Publisher:
Total Pages:
Release: 1988
Genre:
ISBN:

Pursuant to ordinances of the city of Roeland Park, the duties of the city attorney must be prescribed by ordinance passed by the governing body. Accordingly, where no ordinance prescribes that the city attorney shall represent city officers who are sued in an individual capacity (for actions they have taken in their official capacities), the city attorney may refuse to represent such city officials, and such refusal is not a cause for removal from office. If, at the direction of the governing body, and in the absence of any fee agreement with an individual official, the Roeland Park City Attorney voluntarily undertakes the defense of a city officer who has been sued in an individual capacity, it is our opinion that he is to be compensated at the hourly rate established for services provided for the city. Cited herein: K.S.A. 1987 Supp. 75-6108.

Attorney General Opinion No. 1987-054

Attorney General Opinion No. 1987-054
Author: Robert T. Stephan
Publisher:
Total Pages:
Release: 1987
Genre:
ISBN:

Where an injunction prevents a governing body from dividing a city into wards (as required by K.S.A. 14-101) until 2 weeks before the city general election, K.S.A. 14-101 should be interpreted as requiring such division a̲f̲t̲e̲r̲ the election. Under such circumstances, council members who are elected on April 7, 1987, and other members of the governing body, will hold their offices until the next city election in an odd-numbered year (in the absence of a charter ordinance providing otherwise). Cited herein: K.S.A. 14-101, 14-103.

Attorney General Opinion No. 1987-083

Attorney General Opinion No. 1987-083
Author: Robert T. Stephan
Publisher:
Total Pages:
Release: 1987
Genre:
ISBN:

Pursuant to the provisions of K.S.A. 19-3548, a city and a public wholesale water supply district may enter into a water purchase contract for a term of forty years and any such contract may include an agreement for the purchase of water not actually received. Such a contract does not violate the cash-basis law (K.S.A. 10-1101 e̲t̲ s̲e̲q̲.), and the obligation of a city thereunder is payable solely from the revenues produced by the city's water system. Cited herein: K.S.A. 10-1101; 10-1116; 10-1116b; 19-3545; 19-3546; 19-3548.

Attorney General Opinion No. 1987-133

Attorney General Opinion No. 1987-133
Author: Robert T. Stephan
Publisher:
Total Pages:
Release: 1987
Genre:
ISBN:

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.