Download or read book Attorney General Opinion No 1987 010 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The "personnel matters" exception to the open meetings law, K.S.A. 75-4319(b)(1), pertains to employees of public agencies. Persons appointed to public boards and committees are not employees, they are public officers. Therefore, discussions concerning the qualifications of candidates for such appointed positions cannot take place in an executive session but must be held in an open meeting. Cited herein: K.S.A. 75-4317; K.S.A. 1986 Supp. 75-4318; K.S.A. 75-4319.

Download or read book Opinions of the Attorney General of California written by California. Office of the Attorney General and published by . This book was released on 1950 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Attorney General Opinion No 1988 010 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Crime Victims Reparations Board (Board) does not have authority to pay reparations to claimants if it does not have funds. However, even if the Board has no money, the Board still has the duty to process claims and make awards. For reasons stated in this opinion, the Board does not have authority to prorate claims. Cited herein: K.S.A. 1987 Supp. 74-7301; K.S.A. 74-7302; 74-7305; 74-7313; Kan. Const., Art. 2, section 24.

Download or read book Attorney General Opinion No 1987 083 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 1987 191 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Amtrack may sell alcoholic beverages in Kansas only if licensed to do so by the Director of the Division of Alcoholic Beverage Control. Any license granted by the Director is subject to continued eligibility, compliance with all relevant statutes and rules and regulations, and any required local authorization. While current law may make it impractical for Amtrack to obtain a license to sell alcoholic beverages in Kansas, the legislature may provide for temporary membership in class B clubs located on railroads such as it has for class B clubs located in hotels or municipal airports. Cited herein: K.S.A. 41-2601, as amended by L. 1987, ch. 182, section 60; K.S.A. 41-2702, as amended by L. 1987, ch. 182, section 98; L. 1987, ch. 182, sections 87, 88, 89; Kan. Const., Art. 15, section 10.

Download or read book Attorney General Opinion No 1987 023 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Attorney General Opinion No 1987 045 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.

Download or read book Attorney General Opinion No 1987 119 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1987 House Bill No. 2482 amends K.S.A. 72-8230 (L. 1987, ch. 276, section 1) to nullify the duration provisions in existing school district interlocal cooperation agreements concerning special education services. In our opinion, this provision is not unconstitutional. For a retrospective law to be invalid, it must either be proscribed by state constitution, which is not the case in Kansas, or it must violate a constitutionally vested right. School districts have no vested rights in interlocal agreements as both school districts and interlocal agreements are creatures of the legislature. Therefore, the legislature has authority to alter the provisions of existing interlocal agreements. Cited herein: K.S.A. 72-8230, as amended by L. 1987, ch. 276, section 1; Kan. Const. Art. 6, section 5; U.S. Const., Art. I, section 10; Amend. XIV.

Download or read book Attorney General Opinion No 1987 025 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the Kansas Open Records Act (KORA), K.S.A. 45-215 e̲t̲ s̲e̲q̲., a record which is made, maintained, kept by, or in the possession of a public agency must be open for inspection by any person unless it falls within one of the categories of records which is not required to be disclosed or disclosure of which is specifically prohibited by statute. K.S.A. 45-217(f)(1); 45-221(a). Records compiled in the process of preventing, detecting or investigating violations of criminal law are not subject to mandatory disclosure. K.S.A. 45-221(a)(10). A "jail book" which lists persons who are placed in jail and contains information of a general nature is not a criminal investigation record and thus must be open for public inspection. The front page of the standard offense report is also subject to disclosure. Mug shots, however, are criminal investigation records which may be closed to the public. Cited herein: K.S.A. 19-1904; K.S.A. 1986 Supp. 22-4701; K.S.A. 38-1601; 38-1608; 45-215; 45-217; 45-221.

Download or read book Attorney General Opinion No 1987 121 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.

Download or read book Attorney General Opinion No 1987 187 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 10-1101 e̲t̲ s̲e̲q̲., the cash-basis law, does not apply to county hospital boards when managing and controlling hospital funds. However, should the hospital enter into an agreement creating a potential indebtedness of the county, the cash-basis law would apply. Kearney County Hospital may enter into an agreement with Kearney County Bank whereby the bank purchases the accounts owed to the hospital and the hospital guarantees payment of that account if such an agreement in no way creates a potential liability against the county. Cited herein: K.S.A. 10-1101 e̲t̲ s̲e̲q̲.; K.S.A. 1986 Supp. 19-4601; 19-4602; 19-4605, 19-4610.

Download or read book Attorney General Opinion No 1987 088 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 12-1301 empowers a city to acquire by lease land to be used as a public park for the use and benefit of the people of the city. As long as the lease specifies that the city's obligation is limited to periodic payments made from funds budgeted and appropriated for that purpose, the cash-basis law is not a barrier to such an agreement. In the absence of contrary legislation, the home rule powers conferred upon cities by Article XII, section 5 of the Kansas Constitution empower a city to sublease public park land to an individual for the purpose of constructing and maintaining a public golf course. Cited herein: K.S.A. 10-1101; 10-1116b; 12-1301; Ks. Const. Art. XII, section 5.

Download or read book Attorney General Opinion No 1987 104 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Attorney General Opinion No 1987 065 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Attorney General Opinion No 1987 072 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1987 House Bill No. 2273 defines "qualified elector" for purposes of municipal bond elections to include any person 18 years of age or over owning land within the limits of the municipality, even if that person is not a resident therein. Applying this definition of "qualified elector" to all municipal bond elections would violate Article 5, section 1 of the Kansas Constitution. Cited herein: K.S.A. 1986 Supp. 10-120; K.S.A. 12-105; K.S.A. 1986 Supp. 19-27a03; K.S.A. 19-3802; 24-410; 24-507; 24-605; 82a-602; 82a-1021(e); Ks. Const., Art. 5, section 1; Art. 11, section 7.

Download or read book Attorney General Opinion No 1987 056 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Acquiring and constructing certain municipal improvements, to be paid for in whole or in part by special assessments upon property benefited by such improvements, is a valid exercise of the City of Lenexa's constitutional powers of home rule as provided in Article 12, Section 5 of the Kansas Constitution. Special assessments levied under the home rule ordinance and payable in installments may be paid by issuing special or limited obligation bonds of the city payable solely from such special assessments. K.S.A. 12-6a01 e̲t̲ s̲e̲q̲., which also permits cities to acquire and construct municipal improvements, the costs of which may be paid (in whole or in part) by special assessments on benefited property, and which authorizes a city to issue bonds which are general obligations of the the city, does not address a city's authority to issue special obligation bonds payable solely from special assessments. Thus, K.S.A. 12-6a01 e̲t̲ s̲e̲q̲., while it addresses a similar subject and provides an alternative methodology, does not preclude nor preempt the utilization of home rule powers proposed by the City of Lenexa. Special obligation bonds issued pursuant to the home rule ordinance would not be subject to statutory aggregate debt limitations applicable to the city because such bonds are not a pledge of the city's faith and credit nor of its general power to levy ad valorem taxes. While the home rule amendment states that cities shall be subject to enactments of the legislature prescribing limits of indebtedness this limitation does not make those bonds issued by a city pursuant to home rule which are otherwise exempt from statutory debt limitations subject to such limitations. Cited herein: Kan. Const., Art. 12, Sec. 5; K.S.A. 1986 Supp. 10-308; K.S.A. 12-6a01 to 12-6a14.