Download or read book Attorney General Opinion No 1992 019 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: 1991 Senate Bill No. 479 neither increases nor decreases punishment for crimes committed prior to its enactment. It is not required that the bill contain a provision permitting retroactive application of its terms. Cited herein: 1991 S.B. No. 479, sectionS 4, 5, 23.
Download or read book Attorney General Opinion No 1992 087 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: The board of county commissioners has statutory authority pursuant to K.S.A. 19-723 to hire an additional attorney to perform county attorney functions if it deems such an action necessary and expedient. The additional counsel or the county attorney, whichever the case may be in that particular situation, shall give advice and legal opinions to civil officers and may give advice and legal opinions to county employees if the board of county commissioners determines that the person requesting advice has acted within the scope of their employment, the employee acted in good faith, and it is a matter which is of interest to the county. The board of county commissioners may authorize the reimbursement of legal fees incurred by the retention of independent legal counsel for a county officer or employee as long as there is a public purpose for the expenditure and the claims are presented to the board of county commissioners in accordance with K.S.A. 1991 Supp. 12-105b(a). Such an expenditure of funds should be made on a case-by-case basis to determine whether the employee or officer was asking for reimbursement of legal fees based on actions that were within his or her scope of employment, whether the employee or officer acted in good faith and whether the services for which fees are sought concerned a matter in which the county had an interest. Cited herein: K.S.A. 12-105b(a); 19-702; 19-704; 19-723.
Download or read book Attorney General Opinion No 1992 118 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: The board of county commissioners can modify contracts without being required to rebid the project as long as there is not a material change in the terms, any change is such that it could have been made before the contract had been executed, and if the change does not defeat the purpose of the competitive bidding procedure. Cited herein: K.S.A. 19-214; 19-215; 19-216.
Download or read book Attorney General Opinion No 1992 045 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: For contracts under $25,000, a water district has the discretion to promulgate regulations that allow an applicant for a water main extension to negotiate costs directly with a contractor. K.S.A. 19-3514 however requires that the resulting contract must be made by the water district board. A water district board cannot prequalify bidders for the purpose of letting out a public contact pursuant to K.S.A. 19-3516. Cited herein: K.S.A. 19-214; 19-215; 19-216; 19-3514; 19-3516.
Download or read book Attorney General Opinion No 1992 008 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: Pursuant to section 12 of chapter 33 of the 1991 Session Laws of Kansas, "[w]henever a federal manufactured home construction and safety standard established pursuant to 42 U.S.C. section 5401 et seq. is in effect, no state agency or political subdivision shall have any authority to establish, or to continue in effect, with respect to any manufactured home covered, any standard regarding construction or safety applicable to the same aspect of performance of such manufactured home which is not identical to the federal manufactured home construction and safety standard." Accordingly, any standard adopted by a city, including any building code provision, which contravenes the above-quoted limitation is void, and does not constitute grounds for excluding a residential design manufactured home from the city's single family residential district. Additionally, under section 19 of chapter 56 of the 1991 Session Laws of Kansas, a governing body of a city is prohibited from adopting or enforcing zoning regulations which have the effect of excluding residential design manufactured homes (as defined therein) from single family residential districts solely because they are manufactured homes. Cited herein: L. 1991, ch. 33, section 12; L. 1991, ch. 56, section 19.
Download or read book Attorney General Opinion No 1992 134 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: A board of county commissioners does not have the authority to place any greater eligibility criteria on county officials than is provided by statute or constitution. Term limitations would constitute an eligibility criterion and therefore may not be imposed by such a board. Cited herein: K.S.A. 1991 Supp. 101a; K.S.A. 19-201; 19-301; 19-501; 19-801; 19-1201; 19-1401; Kan. Const., art. 9, section 2.
Download or read book Attorney General Opinion No 1992 158 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: The county attorney is not bound by the county's personnel policies and procedures, the county pay plan, or any applicable collective bargaining agreement as they apply to personnel actions. Furthermore, the county commissioners have authority to set the county attorney's budget. However, once they have set the budget, the county attorney can spend this money as he or she sees fit as long as it is within the amount allotted either generally or through a line item budget by the board of county commissioners. Cited herein: K.S.A. 19-212; 19-229; 19-701; 19-706.
Download or read book Attorney General Opinion No 1992 161 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: It is our opinion that K.S.A. 19-3621 allows consolidated fire district no. 2 to enter into a contract with Mission Fire Department, Inc. to provide volunteers to augment the paid staff of consolidated fire district no. 2. The method of payment for such a contract is not restricted by K.S.A. 19-3620. Cited herein: K.S.A. 19-3613; 19-3620; 19-3621.
Download or read book Attorney General Opinion No 1992 010 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: Leavenworth county cannot opt out of the regulation prohibiting open burning within 1,000 feet of an occupied dwelling or public roadway through their home rule powers. Cited herein: K.S.A. 1991 Supp. 19-101a; K.S.A. 65-3005; 65-3006, 65-3007, 65-3010; K.A.R. 28-19-47.
Download or read book Attorney General Opinion No 1992 054 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: The provisions of 1991 Senate Bill No. 24 apply retroactively to pending annexation and detachment proceedings. The bill has no application, however, to annexation and detachment proceedings concluded prior to its enactment. Cited herein: K.S.A. 1991 Supp. 19-3616; 19-3623f; L. 1991, ch. 82, sections 1, 2.
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 1992 137 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: The provisions of the student publications act, L.1992, ch. 5, sections 1, 2, 3, are not applicable to community colleges. Cited herein: L. 1992, ch. 5, sections 1, 2, 3; U.S. Const., Amend. I.
Download or read book Attorney General Opinion No 1992 160 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: The sheriff may terminate the employment of the current undersheriff without following the county's existing personnel policies and procedures. However, any termination of a deputy must be in compliance with whatever policies and procedures the county has established. Cited herein: K.S.A. 19-803; 19-805.
Download or read book Attorney General Opinion No 1992 133 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: When the legislature has named a day on which an election is to be held, or places bounds within which it must be held, a proclamation naming a day other than that fixed by the statutes is void and the election confers nothing. K.S.A. 19-204, as amended by L. 1992, ch. 38, section 4 provides that an election regarding a change in the number of county commissioners is to be conducted on the day of the general election, following not less than 60 days the presentation of the petition. Because November 3, 1992, falls within that 60-day period, an election regarding a change in the number of county commissioners for Chase county may not be called for November 3, 1992, but rather, must be called for the date of the general election to be conducted in November, 1994. Cited herein: K.S.A. 19-204, as amended by L. 1992, ch. 38, section 4; 25-2502; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; 25-3602, as amended by L. 1992, ch. 194, section 3; 77-201; Kan. Const., art. 4, section 2.
Download or read book Attorney General Opinion No 1992 017 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: The meaning of the word "staff" as used in K.S.A. 19-4611(f) includes physicians who are admitted to membership on the hospital medical staff with attendant hospital practice privileges. The board of trustees of a county hospital may expend funds as deemed necessary for the recruitment of physicians who are anticipated to become members of the hospital staff. Such expenditures may include the purchase of a building and attendant personal property which would then be leased to such recruited physicians for their use as a clinic and office space. The county hospital's purchase of the property would serve the public purpose of recruiting physicians to the area. Accordingly, the county may contribute appropriately budgeted and allocated county funds to this endeavor. Cited herein: K.S.A. 19-4601; K.S.A. 1991 Supp. 19-4611; 65-431; K.S.A. 79-2929a; 79-2934.
Download or read book Attorney General Opinion No 1992 015 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: The use of the word "shall" in a statute which specifies a set number of meetings per year is directory not mandatory if that statute does not provide consequences for non-compliance. Members of the advisory commission on health and environment should be compensated with subsistence allowances, and reimbursement for mileage and other actual and necessary expenses for attending commission meetings. Cited herein: K.S.A. 75-3223; 75-5656.
Download or read book Attorney General Opinion No 1992 120 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: K.S.A. 12-1019 authorizes a petition seeking to bring to an election a question regarding a change in the form of government for a city. K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2, establishes in part the requirements for such petition. The amendment adopted in L. 1992, ch. 194, section 2 is merely procedural in nature, and therefore may be applied retrospectively to petitions being circulated prior to April 30, 1992, the effective date of the amendment. A petition drafted on March 31, 1992, should, prior to its circulation, be submitted to the county attorney for an opinion regarding the legality of the form of the question unless such retrospective application of the requirement results in a manifest injustice. Cited herein: K.S.A. 12-184; 12-1019; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; U.S. Const., art. 1, section 10.
