Download or read book Attorney General Opinion No 1985 051 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A community college may offer courses related to law enforcement which would satisfy the annual training requirement imposed on law enforcement officers by K.S.A. 1984 Supp. 74-5607a(b). Cited herein: K.S.A. 1984 Supp. 74-5604a; 74-5607a.

Download or read book Attorney General Opinion No 1986 051 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A petition, prepared and filed pursuant to K.S.A. 72-8801 which does not meet the requirements of K.S.A. 25-3601 e̲t̲ s̲e̲q̲., is invalid and has no effect in preventing a capital outlay levy from taking effect. Furthermore, even though a petition is valid under the requirements of K.S.A. 1985 Supp. 25-3602, it must in addition correctly identify the resolution which it challenges in order to legally protest the resolution. Cited herein: K.S.A. 25-3601; K.S.A. 1985 Supp. 25-3602; K.S.A. 72-8801.

Download or read book Attorney General Opinion No 1985 075 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of the decision in G̲a̲r̲c̲i̲a̲ ̲v̲̲.̲ ̲S̲a̲n̲ ̲A̲n̲̲t̲o̲n̲i̲o̲ ̲M̲e̲t̲r̲o̲p̲o̲l̲i̲t̲a̲n̲ ̲T̲r̲a̲n̲s̲i̲t̲ ̲A̲u̲t̲h̲o̲r̲i̲t̲y̲, the Dickinson County sheriff's department is subject to the federal Fair Labor Standards Act. Department employees who meet the qualifications of 29 C.F.R. section 553.4 are entitled to the exemption from overtime in 29 U.S.C.A. section 207(k) if the employer so elects. As the department has more than four employees who are law enforcement officers, it is therefore not eligible for the exemption in 29 U.S.C.A. section 213(b)(20). Law enforcement employees who are subject to section 7(k) may work a maximum of 171 hours in a 28 day pay period. Following April 15, 1985, overtime is required to be paid to such employees for any hours over this amount. Cited herein: 29 U.S.C.A. sections 201, 203, 206, 207, 213, 216, 217; K.S.A. 19-803, 44-1203, 44-1204; 29 C.F.R. sections 516, 531, 541, 553, 778, 785; U.S. Supreme Court Rule 51, 52.

Download or read book Attorney General Opinion No 1985 008 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The common law doctrine of incompatibility of offices does not preclude one person from simultaneously holding the offices of deputy sheriff and mayor of a third class city having the mayor-council form of government. Cited herein: K.S.A. 15-301, 15-308, K.S.A. 1984 Supp. 19-805, K.S.A. 19-812, 19-813.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Attorney General Opinion No 1985 031 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and county clerk. Cited herein: K.S.A. 79-1965, 79-5004.

Download or read book Attorney General Opinion No 1984 051 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: State law prohibits the sale or consumption of alcoholic liquor at any location to which the general public has access regardless of whether or not the premises are privately owned. Criminal responsibility for allowing consumption in violation of state law is a question of fact that can be determined only on a case by case basis. In the absence of a cereal malt beverage license, cereal malt beverages may be dispensed at functions where an admission is charged only if no part of the admission charge is directly or indirectly used to pay for the cereal malt beverage. Cited herein: K.S.A. 21-3201, 41-719, 41-2602, 41-2603 and 41-2604.

Download or read book Attorney General Opinion No 1985 045 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: No fee is authorized and no fee should be charged by a register of deeds when filing a judgment pursuant to K.S.A. 60-2201(b). Cited herein: K.S.A. 1984 Supp. 28-115; K.S.A. 60-2201.

Download or read book Attorney General Opinion No 1985 174 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As previously noted in Attorney General Opinion No. 85-110, a concurrent resolution containing a constitutional amendment adopted by the legislature during the 1985 session may be amended during the 1986 session prior to being submitted to the voters in November, 1986. At present, Chapter 360 of the Laws of 1985 provides for the submission to the voters of an amendment to Article 15, Section 10, which would allow liquor by the drink under certain circumstances. The amendment must be approved by a majority of the voters of the entire state in order to be adopted and a majority of the voters in a particular county before becoming effective in that county. Such a "dual purpose" is clearly disclosed in the explanatory statement which is to be printed on the ballot with the proposed amendment. Further, since the Kansas Constitution limits, rather than confers, power, the people of the state may amend the constitution in any manner they deem appropriate, subject only to the limits of the United States Constitution. Cited herein: K.S.A. 41-301; L. 1985, Chs. 360, 364; Kan. Const., Art. 14, section 1; Art. 15, section 10; Kan. Bill of Rights, sections 2, 20.

Download or read book Attorney General Opinion No 1985 140 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of K.S.A. 75-6116 (as amended by L. 1985, ch. 293, 11), the obligation of a city to pay attorneys fees incurred by a city officer in defending a civil rights action is subject to the conditions and limitations prescribed by K.S.A. 75-6108. Those conditions include the filing of a written request (within 15 days after service of process upon the employee) that the city provide for the defense of the employee. K.S.A. 75-6108(d) and (e). Where no such request is filed, a city is not liable for attorneys fees incurred by the employee; however, the city governing body may, in its discretion, pay attorneys fees notwithstanding the failure to file a written request. Cited herein: K.S.A. 75-6102, 75-6108; 75-6116; L. 1985, ch. 293, section 1.

Download or read book Attorney General Opinion No 1985 131 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The decision of the United States Supreme Court in R̲o̲e̲ ̲v̲.̲ ̲W̲a̲d̲e̲, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), permits a state to regulate or even prohibit abortion after the stage of viability, except where it is necessary, in appropriate medical judgment, to preserve the life or health of the mother. Such regulations must be narrowly tailored to fit the precise state interest at stake. As a result, attempts to specify a particular time during a pregnancy when viability occurs or to interfere with the judgment of the attending physician have been struck down as unconstitutional, although general prohibitions on post-viability abortions have been upheld. Cited herein: U.S. Const., Fourteenth Amend.

Download or read book Attorney General Opinion No 1993 051 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Although price cutting may be an instrument of monopoly power to eliminate competitors, a newspaper company's discounted advertisement rate, in itself, is merely a competitive price cutting. There is no violation of antitrust laws under the facts presented. Cited herein: K.S.A. 50-101.

Download or read book Attorney General Opinion No 1989 051 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of K.S.A. 1988 Supp. 13-13a04, a person appointed to the office of district member of the Washburn University Board of Regents must be a resident of the senatorial district which he or she is appointed to represent. Residence in that district must continue throughout the term of office, and voluntary failure of a person to maintain such residency results in such person's disqualification to hold the office of district member of the Washburn University Board of Regents and creates a vacancy therein. Cited herein: K.S.A. 1988 Supp. 13-13a04, K.S.A. 77-201.

Download or read book Attorney General Opinion No 1985 133 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In cases in which a defendant is charged with violating the "p̲e̲r̲ s̲e̲" provision of the statute prohibiting driving under the influence of alcohol [K.S.A. 1984 Supp. 8-1567, as amended by L. 1985, Ch. 48, section 9], evidence regarding the validity of the blood alcohol test is relevant and admissible. Cited herein: K.S.A. 8-1567 as amended by L. 1985, Ch., 48, section 9; K.S.A. 60-407(f).

Download or read book Attorney General Opinion No 1985 011 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The abandonment of the commission form of government by a city of the second class does not invalidate city ordinances adopted under that form of government. Cited herein: K.S.A. 14-1807.

Download or read book Attorney General Opinion No 1985 109 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Subsection (a) of K.S.A. 1984 Supp. 9-1403 provides that, during periods of peak deposits occurring at tax paying time and tax distributing time, the amount of security required by K.S.A. 1984 Supp. 9-1402 (as amended by L. 1985, ch. 58) for deposits of public moneys in certain financial institutions shall be reduced by one-half the usually required amount. While the statute requires a municipality to designate such periods, they may be for less than 60 days, and are subject to negotiation between the municipality and the financial institution receiving the deposit. The effect on K.S.A. 1984 Supp. 9-1403 of the 1985 amendment to K.S.A. 1984 Supp. 9-1402 (which increased the pledging requirement from 70% to 100% of the deposit) is to increase the amount of securities which must be pledged during peak deposit times from 35% to 50%. Cited herein: K.S.A. 1984 Supp. 9-1402, as amended by L. 1985, ch. 58, section 51 and 2; K.S.A. 1984 Supp. 9-1403; K.S.A. 9-1407; K.S.A. 1984 Supp. 12-678a; K.S.A. 79-2004; K.S.A. 79-2005, as amended by L. 1985, ch. 311, section 10.

Download or read book Attorney General Opinion No 1985 060 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the provisions of K.S.A. 79-41a04 (as amended by 1985 Senate Bill No. 370), the governing body of a city that has a population of 10,000 or less may transfer any moneys credited to a special alcohol programs fund (established pursuant to L. 1979, ch. 152, section 14) to the city general fund. Cited herein: K.S.A. 79-41a04 (as amended by 1985 Senate Bill No. 370); L. 1982, ch. 424, section 5; L. 1979, ch. 152, section 14.