Kansas Attorney General Opinions

Pursuant to a municipal ordinance requiring consent of the city council for the appointment of a city attorney, the decision of the council to withhold such consent does not, itself, constitute willful misconduct within the meaning of K.S.A. 60-1205.

An employee of a unified school district may hold office as a school board member for the district by whom he or she is employed. The doctrine of incompatibility of offices is inapplicable.

The Committee on Surety Bonds and Insurance may purchase professional malpractice insurance pur- suant to K.S.A. 75-4114, for and on behalf of, state agencies operating facilities soon to be subject to the provisions of K.S.A. 1978 Supp. 40-3401 et seq., by virtue of the terms of Substitute for Senate Bill No. 76 of the 1979 Legislative Session.

There is no statutory duty on the part of a sheriff to serve out-of-state process; therefore, the provisions of K.S.A. 28-110 pertaining to sheriff's fees and the disposition thereof is inapplicable. *

Transcripts of hearings before the Employment Security Board of Review are "official public records," within the meaning of K.S.A. 1978 Supp. 45-201, and must be made available for public inspection. *

K.S.A. 21-4213 requires hospital personnel to report all wounds resulting from the discharge of a firearm and all life-threatening puncture wounds caused by sharp objects to police authorities. Re: Infants -- Crimes Affecting Children -- Reporting Physical or Mental Abuse or Neglect of Children Synopsis: K.S.A. 1978 Supp. 38-717 requires hospital personnel to report all incidents of suspected physical or mental abuse of persons less than eighteen (18) years of age to the district court or department of social and rehabilitation services in the area where treatment occurred. *

A full-time municipal employee whose duties include the prevention or detection of crime and the enforce- ment of criminal or traffic laws is a police officer within the meaning of K.S.A. 1978 Supp. 74-5602(e). Such an employee is subject to the certification requirements and sanctions for non-compliance estab- lished in K.S.A. 1978 Supp. 74-5608. *

The Board of County Commissioners of Johnson County may adopt a charter resolution, in the manner pre- scribed by K.S.A. 19-101b, exempting said county from the whole or any part of K.S.A. 19-3613 et seq., which provide a statutory framework for the establish- ment and operation of fire districts that is applicable to Johnson County. Said charter resolution also may include substitute and additional provisions in lieu of the statutory provisions from which exemption is sought.

Membership on the board of directors of a city library established in a city of the first class pursuant to K.S.A. 12-1218 et seq. constitutes holding a city office. Thus, by virtue of the prohibitory provisions of K.S.A. 13-2903, any such member who is related by blood or marriage to the mayor or commissioner of such city is dis- qualified from serving on said library board.

The effective date of 1979 House Bill No. 2679, authorizing the sale or lease of a hospital organized and operated pursuant to K.S.A. 19-1860 et seq., is July 1, 1979, but the date upon which such hospital's board of trustees is abolished will be coincident with the date the hospital is either sold or leased.

By its amendment in Section 5 of 1979 Substitute for Senate Bill No. 376, which takes effect on July 1, 1979, K.S.A. 1978 Supp. 60-2310(d) will preclude the use of wage garnishment only in those situations where a creditor makes a legal assignment of a debtor's account to a collector or collection agency. Such prohibition no longer will extend to those situations where a creditor utilizes a collection agent or agency to collect a debtor's account, but retains ownership and control thereof. *

Counties are subject to the provisions of The Minimum Wage and Maximum Hours Law (K.S.A. 1978 Supp. 44-1201 et seq.).

Snowmobiles may be lawfully operated on public streets and highways of this state only under the extremely limited and exceptional circumstances prescribed by K.S.A. 8-1585, and if the operation of such vehicles is so restricted, registration thereof under the state's vehicle registration laws is not required.

Local authorities may disclose records of vital statistics only where there is a law authorizing such disclosure, and, in the absence of such a law, no disclosure thereof to the general public is permissible.

The term "ex officio," as applied to the holding of an office, is not a term of limitation, merely of qualification, and an ex officio member of any body is one who is a member by virtue of his title to a certain office. Thus, in the absence of any limiting or qualifying language in the relevant statutes, ex officio members of a municipal or regional library board have the same rights, privileges, powers and duties as members appointed to either board.

Retail sales transactions by which electricity, gas, intrastate telephone and telegraph services and other utility services are furnished to local residents, are subject to a local retailers' sales tax where such tax is imposed. Such trans- actions shall be subject to the City of Merriam's retailers' sales tax, when said tax becomes effec- tive on July 1, 1979.

The provisions of K.S.A. 1978 Supp. 13-1806 require that a vacancy occurring in the office of city commissioner be filled by the remaining commissioners selecting a successor to serve until the next city general election. Even though said statute is silent as to the election procedure to be followed where such vacancy occurs during a term of office that otherwise would not have expired at such election, the apparent underlying legislative intent is that, at said election, the qualified electors of the city elect a successor to fill the balance of the unexpired term.

Medical records contained in the Kansas Historical Society's collections for historical purposes must be open to public inspection in spite of the fact that such records are identifiable to the patient involved.

The governing board of a community mental health center has no authority to borrow money from a financial institution to purchase or construct a building.

Because a county assessor is required to consider the factors enumerated in K.S.A. 79-503 in assessing property for taxation, documents, such as the assessor's field notes, which tend to show whether these factors were in fact considered in making an assessment, would be properly discover- able by a protesting taxpayer in an action under K.S.A. 79-2005.

The governing body of a city may voluntarily create a disaster relief agency to cooperate and coordinate with state and county agencies; however, in the event that a disaster should occur, the authority of the county or inter- jurisdictional agency would control the activities of the voluntary city agency.

An apprentice barber whose certificate of registration expired on December 31, 1973, cannot be required to successfully complete a re-examination as a condition precedent to renewal of his certificate of registration.

A hospital, doctor or medical clinic may not place a lien on a reparations award except as permitted by K.S.A. 1978 Supp. 74-7313(d); how- ever, a hospital, medical center or doctor may take an assignment of a reparations award, but to the extent that the award is for a loss accruing in the future, such medical providers may only accept the assignment to the extent that "the benefits are for the cost of products, services or accommodations necessitated by the injury or death on which the claim is based and are provided or to be provided by the assignee." K.S.A. 1978 Supp. 74-7313(e).

Pursuant to K.S.A. 1978 Supp. 12-192(0(1), only those taxes levied for funds, either general or special, of the county or a city located therein are to be considered in determining the distribu- tion of revenues earned from a countywide retailers' sales tax. Taxes levied to provide funds for other governmental units authorized to impose taxes are not to be included.

Personnel of a private security agency are not law enforcement officers within the meaning of the Kansas Code of Criminal Procedure or the Code of Procedure for Municipal Courts. The enforcement powers of such personnel are limited to the authority vested in pri- vate persons for the enforcement of state laws and city ordinances.

May 15, 1979 ATTORNEY GENERAL OPINION NO. 79- 83 Nick A. Tomasic, Esq. District Attorney 29th Judicial District Wyandotte County Courthouse 710 North 7th Street Kansas City, Kansas 66101 Re: Criminal Procedure -- Commitment of Persons Acquitted Because of Insanity to State Securi…

A board of education has no authority to expend school funds for the purpose of constructing, maintaining or repairing diagonal parking facilities along a city street. A board of education may, however, expend school funds to construct, maintain and repair entrances to provide ingress and egress to and from such city streets to a school parking lot.

A city of the second class may, by charter ordinance, create a Police and Fire Commission to provide comprehensive and continuing supervision of the city police and fire departments.

Inspection reports of the Board of Cosmetology are not "official public records" within the meaning of K.S.A. 1978 Supp. 45-201, governing disclosure of public records, and need not be made available for public inspection, although the Board may allow inspection if it so desires. *

May 4, 1979 ATTORNEY GENERAL OPINION NO. 79- 80 Mr. David K. Clark Altoona City Attorney 609 Monroe Fredonia, Kansas 66736 Re: Cities and Municipalities -- Ordinances -- Payment of Utility Bills Synopsis: An ordinance imposing liability for the payment of all charges for electric…

Pursuant to K.S.A. 79-1412a, Seventh, and Article 11, Section 1, of the Kansas Constitu- tion, a county appraiser may not demand a list of specific operating expenses from all oil and gas producers located in a county. However, the county appraiser may investigate and verify actual cost data where the tax- payer's oil and gas assessment rendition does not utilize median operating costs shown in the 1979 Oil and Gas Appraisal Guide, or where the county appraiser has any reason to suspect fraud or misrepresentation.

Although the primary responsibility for the preservation of peace and the apprehension of persons suspected of violating the law is vested in the sheriff, the county attorney is the state's law officer and official relator in his county in respect to all matters of public concern where the state is or should be a participant in litigation. In order to fulfill the duties prescribed by statute the county attorney is authorized to obtain all available infor- mation regarding all criminal activities obtained by law enforcement agencies within the county. *

After an investigation and finding of reasonable grounds to believe abuse or neglect exists with regard to a child residing in a facility licensed pursuant to K.S.A. 1978 Supp. 65-501 et seq., the Secretary of Social and Rehabilitation Services may disclose the contents of such records and reports of child abuse and neglect to the Secretary of Health and Environment.

May 2, 1979 ATTORNEY GENERAL OPINION NO. 79- 75 Mr. Michael J. Davis General Counsel University of Kansas 227 Strong Hall Lawrence, Kansas 66045 Re: State Institutions -- State Educational Institutions -- Campus Police Officers Synopsis: K.S.A. 76-726 grants general police powers…

May 1, 1979 ATTORNEY GENERAL OPINION NO. 79-74 The Honorable Merridy Pratt Treasurer of Edwards County Kinsley, Kansas 67547 Re: Registration of Vehicles--Collection of Fees-- Disposition of Moneys from Special Fund of County Treasurer Synopsis: The county treasurer may not pay b…

The application for a cigarette vending machine operator's master license is not an "official public record" within the meaning of K.S.A. 1978 Supp. 45-201, which governs disclosure of public records. Thus, the director of taxation need not make said application available for public inspection.

The Fish and Game Commission has authority pursuant to K.S.A. 74-3315 to enter into non-drilling oil and gas leases of land held by the Commission where such leases are for the purpose of producing oil and gas.

The director, agents and designated employees of the Alcoholic Beverage Control Division of the Department of Revenue are "law enforcement officers" within the meaning of K.S.A. 1978 Supp. 38-805c; therefore, such personnel are entitled to juvenile arrest/apprehension reports regarding illegal alcoholic beverage transactions which are in the possession of law enforcement agencies.

Two (2) of the eight (8) conditions of approval for religious educational programs provided in K.S.A. 1978 Supp. 72-1111, when applied; may constitute an unreasonable infringment upon free exercise of religion as guaranteed by the First and Fourteenth Amendments to the United States Constitution and, therefore, may be unenforceable in some cases. Those conditions are: (1) requiring at least fifteen (15) hours per week of classroom work and (2) requiring teachers of such programs to hold a valid, "conventional" teaching certificate. *

A hospital created pursuant to K.S.A. 1978 Supp. 19-1801 et seq. may contract for managerial services for the operation of a county hospital wherein an employee of the services provider is appointed as administrator of the hospital.

The procedure for making municipal improvements set forth in the General Improvement and Assessment Law (K.S.A. 12-6a01 et seq.) is a distinct alternative to all other methods provided by law for effecting such improvements. Thus, declaration of a sewer taxing district pursuant to K.S.A. 12-617 et seq. is not a requisite step in the procedure for creation of a sewer improvement district under the provisions of the General Improvement and Assessment Law.

In accordance with K.S.A. 14-201, policemen in cities of the second class are "officers" as opposed to "employees" of such cities, and they hold their offices for a term of one year and until their successors are appointed and qualified.

The sale or disposal of Sedgwick County's E. B. Allen Memorial Hospital by the Board of County Commissioners is governed by K.S.A. 1978 Supp. 19-211, and if the value thereof exceeds $100,000, the proposition of sale or disposal must first be approved by a vote of the county's qualified electors. *

April 19, 1979 ATTORNEY GENERAL OPINION NO. 79- 66 Mr. Theodore H. Hill County Counselor Suite 315 Sedgwick County Courthouse Wichita, Kansas 67203 Re: Counties and County Officers--County Hospitals-- Lease of Hospital Facilities Synopsis: The provisions of K.S.A. 19-1860 et seq.…

The provisions of 1979 House Bill No. 2393, which provide a method for dissolving certain fire districts and creating new fire districts in place thereof, do not violate Article 11, §1, of the Kansas Constitution. Said constitutional provi- sion only requires that there be a "uniform and equal rate of assessment and taxation" as to each separate taxing district in the state. Taxes levied pursuant to 1979 House Bill No. 2393 by the governing body of a new fire district created under the authority of said House Bill would not be tax levies of the municipality which said governing body also serve

A county may enter into contracts whereby options to purchase possible park sites are acquired, and, in the absence of an abuse of discretion, the possible forfeiture of public moneys (in the event the options are not exercised) is not a matter of judicial concern. *

If farm storage equipment, otherwise qualified for tax-exempt status pursuant to K.S.A. 1978 Supp. 79-201d, Third is not, during a particular calendar year, used exclusively for grain storage purposes, said property loses its eligibility for tax exempt status for that particular year. If, in a subsequent year, the eligible equipment is used exclusively for such storage, the taxpayer may claim such exemption for that particular calendar year. *