Download or read book Attorney General Opinion No 1989 133 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: K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions which are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Const., Art. 12, section 5.

Download or read book Attorney General Opinion No 1989 039 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: It is our opinion that the Kansas State High School Activities Association is authorized by statute to make reasonable rules regarding activities. In effect, such rules become a civil contract between the members of the association, and are valid if reasonable and not in contravention of the law. Those subject to the rule include the high schools and their employees, as well as students. A rule, as interpreted by the association, which defines sportsmanship, is constitutional and not violative of First Amendment rights so long as it is enforced only when conduct materially disrupts the school activity or involves substantial disorder or invasion of the right of others. Student expression may be restricted to the extent of reasonable time, place and manner regulations imposed to conform with the forum's basic requirements. Cited herein: K.S.A. 72-130; 72-133; U.S. Const. Amend. I.

Download or read book Attorney General Opinion No 1990 133 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Every board of education of a school district is required to adopt a written policy of personnel evaluation procedure. The purpose of the evaluation procedure is to provide for a systematic method for improvement of school personnel who remain in a school's employ and to improve the educational system of the state of Kansas. Any other use of the evaluations conducted pursuant to K.S.A. 72-9001 e̲t̲ s̲e̲q̲. is not contemplated within the act. Therefore, the use of evaluations in determining the eligibility of a teacher for merit pay will be subject to the terms of the negotiated agreement reached by the school district and the teachers. Relevancy of the evaluations to the issues before an administrative body or court of law will determine whether the evaluations are admissible. Cited herein: K.S.A. 1989 Supp. 60-2101; 72-5413, as amended by L. 1990, ch. 255, section 1; K.S.A. 72-5436; K.S.A. 1989 Supp. 72-5438; K.S.A. 72-5442; 72-5443; 72-8205; 72-9001; 72-9002; 72-9003; 72-9005.

Download or read book Attorney General Opinion No 1989 095 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: Pursuant to K.S.A. 66-104, a municipally owned and operated water company, which supplies a rural water district with surplus water pursuant to a contract, is not a public utility subject to the control of the state. Kansas law does not require city owned water companies to extend existing water services to new consumers residing in rural water districts. Therefore, pursuant to a contract with a rural water district, a city may limit the availability of services to new consumers residing outside the city. Cited herein: K.S.A. 1988 Supp. 12-519; K.S.A 12-707; K.S.A. 1988 Supp. 12-715b; K.S.A. 12-801; 12-808; K.S.A. 1988 Supp. 12-2001; 65-162a; 66-104; 66-131a; 66-133, 82a-612; 82a-619; 82a-625.

Download or read book Attorney General Opinion No 1986 133 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: K.S.A. 1985 Supp. 75-4318(b)(1) provides that if a request for notice of meetings subject to the Kansas Open Meetings Act (KOMA) is made by petition, notice is required to be given only to a designated person. We conclude that the request for notice submitted for our opinion constitutes a petition for purposes of the KOMA. Individual notice, therefore, is not required to be given to each person on the list. If individual requests for notice are made, however, notice must be given either in writing or by telephone to each person. We note that, if a public body has regularly scheduled meetings, the notice requirement is met by providing a single notice containing a list of such meetings. Additional notice must be given, however, of any changes or special meetings. Under the open meetings law a distinction is made between the requirements concerning notice and agenda. While notice must be f̲u̲r̲n̲i̲s̲h̲e̲d̲ to the person requesting it, K.S.A. 1985 Supp. 75-4318(b), an agenda must be m̲a̲d̲e̲ ̲a̲v̲a̲i̲l̲a̲b̲l̲e̲ to the requester if one is prepared, K.S.A. 1985 Supp. 75-4318(d). We affirm our previous opinion, No. 79-218, that a public body is not required to mail copies of an agenda if it can be obtained at a public place. Cited herein: K.S.A. 25-3601; 72-8801; 75-4317; K.S.A. 1985 Supp. 75-4318.

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 1989 134 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: A regulatory agency cannot promulgate a policy statement in lieu of a regulation if the policy statement is intended to create or affect rights and obligations of persons subject to the agency's control. Additionally, all amendments or modifications of a regulation are subject to the filing and publishing requirements in article 4, chapter 77 of the Kansas Statutes Annotated. Cited herein: K.S.A. 1988 Supp. 65-6129; K.S.A. 77-415; K.S.A. 1988 Supp. 77-421; 77-436.

Download or read book Attorney General Opinion No 1989 032 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: While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.

Download or read book Attorney General Opinion No 1989 111 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: Property seized from a pawnbroker and held by law enforcement officials for use as evidence in a criminal proceeding is regarded as being in c̲u̲s̲t̲o̲d̲i̲a̲ l̲e̲g̲i̲s̲ and subject to the court's order as to the disposition thereof in the same proceeding. If the property is identified as being stolen, it is the duty of the court and the state to see that the property is restored to its rightful owner at the earliest opportunity. However, the due process rights of the pawnbroker must be respected, W̲o̲l̲f̲e̲n̲b̲a̲r̲g̲e̲r̲ ̲v̲.̲ ̲W̲i̲l̲l̲i̲a̲m̲s̲, 774 F.2d 358 (10th Cir. 1985), and the Court should provide the pawnbroker with notice and opportunity to be heard before releasing property to the apparent owner. Cited herein: K.S.A. 1988 Supp. 22-2512.

Download or read book Attorney General Opinion No 1989 114 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: While generally an administrative agency has the power to adopt general statements of policy, it cannot do so in lieu of regulations. If the "policy" establishes a "binding norm" and operates prospectively, eliminating the use of discretion in individual cases, the "policy" must be promulgated as a regulation, with notice and comment under K.S.A. 77-401 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1988 Supp. 1-202; 1-308; K.S.A. 1988 Supp. 1-311, as amended by L. 1989, ch. 1, sec. 3; K.S.A. 77-401 e̲t̲ s̲e̲q̲.; K.A.R. 74-5-403; 74-5-406.

Download or read book Attorney General Opinion No 1989 109 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: In our opinion, a multi-year investment of idle funds, under conditions enumerated herein, is permissible under the provisions of K.S.A. 1988 Supp. 12-1675, as amended by L. 1989, ch. 48, section 66. Cited herein: K.S.A. 10-1113; K.S.A. 1988 Supp. 12-1675; 12-1676; K.S.A. 79-2927; 79-2934; L. 1989, ch. 48, section 66; L. 1989, ch. 295, section 1.

Download or read book Attorney General Opinion No 1989 100 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: Court services officers should report suspected child abuse or neglect pursuant to K.S.A. 1988 Supp. 38-1522. Cited herein: K.S.A. 1988 Supp. 12-4113; K.S.A. 19-4409; 20-162; 20-345; 20-346a; 21-4602; 21-4604; 21-4610; 22-2202, as amended by L. 1989, ch. 118, section 175; 22-3716; 38-1161; K.S.A. 1988 Supp. 38-1502, as amended by L. 1989, ch. 95, section 7; 38-1522; 38-1527; 38-1528; 38-1565, as amended by L. 1989, ch. 122, section 1; K.S.A. 38-1624; 38-1661; K.S.A. 1988 Supp. 38-1663, as amended by L. 1989, ch. 95, section 10 and L. 1989, ch. 92, section 29; 74-5602, as amended by L. 1989, ch. 118, section 183.

Download or read book Attorney General Opinion No 1989 072 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: T̲h̲e̲ ̲W̲y̲a̲n̲d̲o̲t̲t̲e̲ ̲E̲c̲h̲o̲, in its current form, qualifies as a newspaper in which legal notices may be published pursuant to K.S.A. 1988 Supp. 64-101. Cited herein: K.S.A. 1988 Supp. 64-101.

Download or read book Attorney General Opinion No 1989 077 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: One individual may not hold a position as member of a business improvement district advisory board and a second office as member of the city governing body, for the two offices are incompatible. Cited herein: K.S.A. 12-1781; 12-1788; 12-1790; 12-1791.

Download or read book Attorney General Opinion No 1989 119 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: L. 1989, ch. 257 requires the secretary of state to obtain, data to make specified adjustments to the federal decennial census. The provisions of L. 1989, ch. 257 dealing with residency of college students are applicable to all individuals who are enrolled in nine or more credit hours and to all individuals seeking an academic degree at a university or college. The act does not apply to those individuals not seeking an academic degree who are enrolled in fewer than nine credit hours and those individuals attending a proprietary school or vocational-technical school. Cited herein: K.S.A. 72-4919; K.S.A. 1988 Supp. 72-4412; L. 1989, ch. 257.

Download or read book Attorney General Opinion No 1989 083 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: The costs incurred by the court as a result of auditing the alcohol and drug safety action fund may be characterized as an expense of administering the fund. Therefore such costs may be paid from the portion of the fund authorized to be used for administrative expense. Cited herein: K.S.A. 1988 Supp. 8-1008.

Download or read book Attorney General Opinion No 1989 038 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 United States Supreme Court decision in H̲a̲z̲e̲l̲w̲o̲o̲d̲ ̲S̲c̲h̲o̲o̲l̲ ̲D̲i̲s̲t̲r̲i̲c̲t̲ ̲v̲.̲ ̲K̲u̲h̲l̲m̲e̲i̲e̲̲r̲, local public school officials and administrators may exercise reasonable control over activities sponsored by a public school such as publications, theatrical productions and other expressive activities so long as the educators' actions are reasonably related to legitimate pedagogical concerns and there is no intent to create a public forum. Also, Section 11 of the Kansas Bill of Rights does not provide an absolute right to freedom of speech and expression. Students in private, accredited schools are subject to reasonable school regulations. The H̲a̲z̲e̲l̲w̲o̲o̲d̲ decision applies to public schools on its facts, and does not apply to non-public schools. Cited herein: Kans. Const., B. of R., section 11; U.S. Const., Amend. I, XIV.