Download or read book Attorney General Opinion No 1990 031 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: K.S.A. 79-1451 does not prevent use of valuations established by statewide reappraisal even though the board of tax appeals has ordered a second reappraisal in one or more counties. That statute was enacted to correct a situation in existence at the time of its enactment, 1978, and has been effectively superseded by the provisions of K.S.A. 79-1476. An order of the board of tax appeals to reappraise in one or more counties does not effect the school district equalization act formula. Cited herein: K.S.A. 1989 Supp. 72-7040; 72-7042; K.S.A. 79-1413a; 79-1451; 79-1476.

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 1991 048 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provision of K.S.A. 1990 Supp. 31-134(b), that "nothing in this act shall be construed to impair the power of any municipality ... to prohibit or regulate the sale, handling, use or storage of fireworks within its boundaries," does not constitute a clear articulation of an anti-competitive policy and, therefore, does not bring municipal actions based on the statute within the "state action" exemption from the federal anti-trust laws. Cited herein: K.S.A. 1990 Supp. 31-134; Kan. Const., art. 12, section 5; 15 U.S.C. section 1 e̲t̲ s̲e̲q̲.

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 1992 031 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An individual who is employed as an instructor at a state educational institution is not precluded by constitutional or statutory provision from concurrently serving as a member of the legislature. Cited herein: K.S.A. 1991 Supp. 75 - 2935; 76-712; K.S.A. 76-714; 76-715; Kan. Const., art. 6, section 3.

Download or read book Attorney General Opinion No 1990 055 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: K.S.A. 19-2766a provides that prosecution of violations of improvement district resolutions "shall be conducted in the manner provided by law for prosecution of misdemeanor violations of state law." Such misdemeanor violations are prosecuted by the county or district attorney. It is therefore our opinion that a county attorney has the authority and duty to prosecute violations of improvement district resolutions. However, such a duty remains subject to the principle of prosecutorial discretion. Cited herein: K.S.A. 2-1219; 8-286; K.S.A. 1989 Supp. 9-2014; K.S.A. 12-403; 19-214; 19-618; 19-701; 19-702; 19-703; 19-2688; 19-2753; 19-2765; 19-2766a; 19-2766b; 21-1803; 21-3105; 22-2104; 22-2519; 22-3902; 22a-104; 23-462; 24-120; K.S.A. 1989 Supp. 25-308; K.S.A. 31-105a; and 75-108.

Download or read book Attorney General Opinion No 1990 084 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: Where there has been a violation of the common law rule cited in Attorney General Opinion No. 90-59, both resignations and reappointments should be considered a nullity. Cited herein: K.S.A. 1989 Supp. 13-1806.

Download or read book Attorney General Opinion No 1990 014 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: Memoranda written by school board staff and wherein opinions are expressed or policies and actions are proposed are not public records which must mandatorily be disclosed unless such memoranda are publicly cited or identified in an open meeting or in an agenda to an open meeting. Such citation or identification subjects the memoranda to mandatory disclosure, unless otherwise specifically prohibited by law. However, even if such citation or identification does not occur, unless information contained in the memoranda is specifically prohibited or restricted from disclosure by federal law, state statute or rule of the Kansas supreme court, it may nevertheless be discretionarily disclosed by the public agency. Cited herein: 20 U.S.C. section 1232g; K.S.A. 45-215; K.S.A. 1989 Supp. 45-221; K.S.A. 72-9005.

Download or read book Attorney General Opinion No 1990 038 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: For purposes of the uniform consumer credit code, the residence of military personnel is the address listed as the person's residence in any signed writing in connection with the consumer transaction. If the individual's residence is called into question, it must be determined on a case-by-case basis taking many factors into consideration in an attempt to ascertain the individual's intended residence. Cited herein: K.S.A. 16a-1-201; K.S.A. 77-201.

Download or read book Attorney General Opinion No 1991 031 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 75-4318 permits a city's grievance committee to deliberate on the disposition of an individual employee's grievance matter outside of an open meeting because such a grievance committee, while otherwise subject to the KOMA, is acting in a quasi-judicial manner within the scope of authority of that committee. Prior to such deliberations, K.S.A. 75-4319 permits the grievance committee to recess from an open meeting into a closed or executive session for the purpose of discussing personnel matters of non-elected personnel, and thus, employment related grievances of individual employees of the city may discretionarily be discussed in a properly recessed executive or closed session. Individuals who aid the committee in such a discussion may be discretionarily permitted into such a closed or executive session. However, binding decisions by the committee must be made in an open meeting. Cited herein: K.S.A. 13-527; 13-2101; 75-4317; 75-4317a; 75-4318; 75-4319; Kan. Const., Art. 5, section 12.

Download or read book Attorney General Opinion No 1990 042 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: 1990 House Concurrent Resolution No. 5061, subsection (a)(4), does not violate the uniform and equal provision of the Kansas Constitution or the equal protection clause of the United States Constitution. Cited herein: Kan. Const., Art. 11, section 1; 1990 H.C.R. No. 5061; U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1990 101 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: K.S.A. 50-703(c)(5) permits a consumer reporting agency to furnish a consumer report in circumstances involving a legitimate business need for the information in connection with a business transaction involving the consumer. A financial investigation into the assets of drug dealers by the criminal fraud unit of the division of alcoholic beverage control does not involve a consumer relationship or business transaction, and thus, K.S.A. 50-703(c)(5) does not allow a consumer reporting agency to furnish a consumer report for that purpose. Cited herein: K.S.A. 50-701; 50-703; 50-707; 15 U.S.C.S. section 1681b.

Download or read book Attorney General Opinion No 1990 005 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: By statute, a candidate in Kansas can have her or his name placed on the ballot by either filing a nominating petition, or filing a declaration of intention and paying a filing fee. Due to the change in district and precinct boundaries, however, the number of signatures required on nominating petitions cannot be determined. Until the statutory method of calculating the number is changed, the only means of becoming placed on the ballot is by filing fee. The United States Supreme Court has ruled that, based on the Equal Protection Clause of the Constitution, an indigent candidate cannot be required to pay a filing fee, and that a reasonable alternative means of ballot access must be available. Until current law is amended, the filing fee requirement must be waived for persons unable to pay. Cited herein: K.S.A. 1988 Supp. 25-205, as amended by L. 1989, Ch. 106, section 3; K.S.A. 25-206, as amended by L. 1989, Ch. 106, section 4.

Download or read book Attorney General Opinion No 1994 031 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In enacting K.S.A. 12-5040, it was the intent of the legislature to obligate each local government, including a county, which provides an employer-sponsored group health care benefits plan for the employees of the local government to make available continued participation in the group health care benefits plan to an elected official who served the local government for not less than 10 years and who retired from such service after December 31, 1988. The continued participation in the group health care benefits plan is contingent upon filing the appropriate application pursuant to K.S.A. 12-5040. Cited herein: K.S.A. 12-5040; L. 1988, ch. 302, secs. 4, 18; 1988 House Bill No. 3828; Pub. L. No. 99-272, 100 Stat. 82 (1986).

Download or read book Attorney General Opinion No 1995 031 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the state moneys law, K.S.A. 75-4201 et seq., the pooled money investment board is charged with the responsibility of managing and investing state moneys, except as otherwise provided by statute. The municipal investment pool fund established by K.S.A. 1994 Supp. 12-1677a is not a permissible investment of state idle funds as that term is herein defined. However, K.S.A. 1994 Supp. 75-4263 does authorize the pooled money investment board to invest special funds, as herein defined, in the municipal investment pool. The pooled money investment board stands in the role of a fiduciary with regard to the various state moneys it is charged to invest. As such, the board has a separate duty of loyalty to the respective beneficiaries of each fund or pool it manages. Cited herein: K.S.A. 1994 Supp. 12-1675; 12-1677a; 40-3403; K.S.A. 40-3406; 74-8901; K.S.A. 1994 Supp. 74-8920; K.S.A. 75-704; K.S.A. 1994 Supp. 75-4201; 75-4205; 75-4208; 75-4209; K.S.A.75-4210a; K.S.A. 1994 Supp. 75-4213; 75-4221a; 75-4222; 75-4263.

Download or read book Attorney General Opinion No 1993 031 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: The statutes governing emergency medical services and ambulance services do not require a county to seek competitive bids on contracts. For sound policy reasons, however, the county may choose to award such contracts by public bid-letting. Cited herein: K.S.A. 19-214; 65-6112; 65-6113.

Download or read book Attorney General Opinion No 1990 032 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: K.S.A. 24-401 e̲t̲ s̲e̲q̲. authorize a drainage district, organized pursuant to the act, to prohibit or limit discharges into a drainage ditch that prevent its maintenance. The drainage district is authorized by statute to maintain suits to enforce the reasonable orders of its directors and thus includes the ability to seek an injunction to this effect thus obviating the need for 1990 House Bill No. 2623. Cited herein: K.S.A. 24-401 e̲t̲ s̲e̲q̲.; 24-407; 24-429; 24-434.