Kansas AG Opinions, 1986

ROBERT T. STEPHAN ATTORNEY GENERAL February 6, 1986 ATTORNEY GENERAL OPINION NO. 86- 15 Robert J. Watson Overland Park City Attorney Justice Center 8500 Antioch Overland Park, Kansas 66212 Re: Cities and Municipalities -- Miscellaneous Provisions -- Investments of Public Moneys b…

ROBERT T. STEPHAN ATTO RNEY GENERAL February 6, 1986 ATTORNEY GENERAL OPINION NO. 86- 14 The Honorable Robert A. Thiessen Administrative Judge Municipal Court City Hall, Third Floor 455 North Main Street Wichita, Kansas 67202 Re: Automobiles and Other Vehicles -- Driving Under In…

ROBERT T. STEPHAN ATTORNEY GENERAL February 6, 1986 ATTORNEY GENERAL OPINION NO. 86- 13 The Honorable Joan Finney State Treasurer 700 Harrison P.O. Box 737 Topeka, Kansas 66601 Re: State Departments; Public Officers and Employees -- State Moneys -- Security for Deposit of State M…

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.

ROBERT T. STEPHAN ATTORNEY GENERAL February 3, 1986 ATTORNEY GENERAL OPINION NO. 86- 9 The Honorable Fletcher Bell Commissioner of Insurance Kansas Insurance Department 420 SW 9th Topeka, Kansas 66612-1678 Re: Insurance -- Miscellaneous Provisions -- Apportionment of Risk; Proper…

A person holding the office of sheriff has charge and custody of the county jail and all prisoners confined therein (K.S.A. 19-811), and is required to keep a calendar (roster) containing, inter alia, the names of all persons who are committed, the cause of their committment and the authority that committed them (K.S.A. 19-1904). Where a city police officer commits a prisoner to the county jail, the sheriff may require the officer to complete a form which provides information necessary to maintain a jail calendar.

No conflict exists between Kansas and federal statutes regarding the distribution of money obtained from forfeiture of property in cases involving controlled substances. The state forfeiture statute is not applicable to cases brought in federal court; rather, the federal provisions apply.

A county agricultural or fair association is organized in accordance with K.S.A. 2-125 et seq., and recognized by the State Board of Agriculture pursuant to K.S.A. 2-127. Since the Shawnee County 4-H Fair and the Auburn Grange Fair do not meet these requirements, these organizations do not qualify as "any county agricultural or fair association" within the provisions of K.S.A. 2-301. For these reasons, Shawnee County may not levy a tax pursuant to K.S.A. 2-301 to provide funds for the Shawnee County 4-H Fair or the Auburn Grange Fair.

An attorney who has been regularly admitted to practice law in the State of Kansas, and who has engaged in the active and continuous practice of law in Kansas or any other state for a period of at least 10 years prior to his or her appointment as a justice, is qualified to hold the office of justice of the Kansas Supreme Court, or judge of the Kansas Court of Appeals.

A county Commissioner is not precluded from holding a concurrent position as property appraiser with the Division of Property Valuation. Since a property appraiser is not a "public officer," such employment would not result in a situation prohibited by K.S.A. 19-205.

Reports prepared by a district coroner or deputy district coroner pursuant to K.S.A. 19-1032 are public records open to inspection by any person under the Open Records Act, K.S.A. 1984 Supp. 44-215 et seq.

ROBERT T. STEPHAN ATTORNEY GENERAL January 13, 1986 ATTORNEY GENERAL OPINION NO. 86- 4 Douglas Lancaster City Prosecutor City of Fairway Suite 1000, One Glenwood Place 9300 Metcalf Overland Park, Kansas 66212 Re: Crimes and Punishments -- Kansas Criminal Code; Preliminary -- Effe…

A county attorney is required to file the appropriate pleadings for, and appear in, proceedings following an adjudication that a child is in need of care pursuant to the Kansas Code for Care of Children, K.S.A. 1984 Supp. 38-1501 et seq. and K.S.A. 1984 Supp. 19-702. In that these services are a statutory duty, a county attorney is entitled to no additional compensation for such services.

The duties of the county clerk and county appraiser are statutorily prescribed but are administered at the direction of the board of county commissioners, which has the power and authority to determine and allocate how county resources are to be used and which office has responsibility for such resources. Accordingly, the county commission may establish policies concerning the use of a county computer system by the county appraiser in listing and assessing tangible property, and by the county clerk in maintaining the tax rolls thereafter.

The Kansas Open Records Act, K.S.A. 1984 Supp. 45-215 et seq., does not require that a city employee disclose names and addresses derived from city records to a person who the employee knows intends to use such names and addresses for a commercial purpose. Such disclosure is specifically prohibited by K.S.A. 1984 Supp. 21-3914. Any person who receives a list of such names and addresses for the purpose of selling or offering to sell any property or service to listed persons may be found guilty of a misdemeanor.

Except as otherwise provided in the Family Farm Rehabilitation Act, all proceedings in the district court which has jurisdiction for (1) the fore- closure of a mortgage on agricultural land, (2) the cancellation of a contract for the purchase of agricultural land, or (3) the repossession of or collection against agricultural property commencing on and after October 1, 1985, shall be subject to the provisions of the Act. The Act would apply to the Farmers Home Administration and similar federal and state agencies.

Immunity granted by a county attorney pursuant to a plea bargaining agreement is not necessarily binding on another county attorney. Evidence independent of that testified to by the defendant may be used by another county attorney in a prosecution of the defendant.

K.S.A. 1985 Supp. 19-805(b) authorizes a sheriff, in his or her discretion, to require staff -

The Secretary of Administration has the authority to enter into an _agreement with a non-profit corporation whereby that corporation, at its own expense, will plan and construct a Fountain of Justice, dependent upon the Secretary's approval, on state-owned property. The Secretary may further agree to maintain such fountain, provided the agreement complies with relevant budget laws.

ROBERT T. STE19 1-1 AN ATTORNEY GENERAL S eptember 10Marvin ATTORNEY GENERAL OPINION NO. 86- 129 The Honorable Marvin . Wm. Barkis - State Representative, Fifteenth District Route 2, Box 150 Louisburg, Kansas 66053 Re: Labor and Industries--Eight Hour Day on Public Work--Enforcem…