Download or read book Attorney General Opinion No 1993 049 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 city of Wellington may charter out of K.S.A. 14-604 and 14-605 because those provisions are not uniformly applicable to all cities. Furthermore, assuming a charter ordinance is enacted which provides for the appointment of members of the board of trustees by the mayor or council, the present members who were elected by the citizens have no property right in the office they hold and, consequently, the due process provisions of the fourteenth amendment to the United States constitution and the Kansas bill of rights do not apply. Cited herein: K.S.A. 14-604; 14-605; 14-633; 14-641; 14-644; 14-655; 14-662; 14-669; 14-678; 14-685; Kan. Const., Bill of Rights, sec. 1; art. 12, sec. 5; U.S. Const., amend. XIV.

Download or read book Attorney General Opinion No 1989 049 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 the provisions of K.S.A. 8-2001, local authorities (including cities) may adopt additional traffic regulations prohibiting "U-turns" where such regulations do not conflict with the provisions of the Uniform Act Regulating Traffic on Highways. Under the Uniform Act, no such ordinance regulating or prohibiting the turning of vehicles shall be effective until official traffic control devices giving notice of such local traffic regulation are erected upon or at the entrances to the highway or part thereof affected. K.S.A. 8-2002(a)(9) and (c). Accordingly, an ordinance which prescribes additional circumstances under which U-turns are prohibited (i̲.̲e̲.̲ the ordinance sets forth limitations in addition to those prescribed by K.S.A. 8-1546) is not effective until official traffic control devices giving notice of such prohibition are erected. Thus, subsections (1), (3) and (4) of section 35-323 of the Kansas City Municipal Code, which impose additional prohibitions on U-turns in the absence of official traffic control devices giving notice of such prohibitions, conflicts with subsection (c) of K.S.A. 8-2002, and is invalid pursuant to K.S.A. 8-2001. Cited herein: 8-1546; 8-2001; 8-2002.

Download or read book Attorney General Opinion No 1991 049 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 legislature intended that the term "noneconomic loss," found in K.S.A. 1990 Supp. 65-34,126 and not otherwise defined, have the meaning commonly accorded it and as defined by case law interpreting generally similar statutes. Cited herein: K.S.A. 1990 Supp. 65-34,100; 65-34,102; 65-34,126.

Download or read book Attorney General Opinion No 1994 049 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: K.S.A. 1993 Supp. 60-206 provides that, unless otherwise specifically provided, the computation of time amounting to greater than ten days shall be calculated using calendar days. Therefore, the suspension of sheriff's deputies, pursuant to K.S.A. 19-4327(a), shall be limited to a period not to exceed 30 calendar days. Cited herein: K.S.A. 19-4327; K.S.A. 1993 Supp. 60-206.

Download or read book Attorney General Opinion No 1993 023 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: Highway safety program guideline 17 (23 C.F.R. 1204.4) dealing with pupil transportation safety and promulgated pursuant to the highway safety act of 1966, 23 U.S.C. sec. 401 et seq. does not impose a federal mandate; it is a guideline that contains recommendations. Thus state regulations do not violate federal law by not requiring that students on small school buses (GVWR less than 10,000 pounds) use seat belts. Cited herein: K.S.A. 8-2009; 23 U.S.C. sec. 401 et seq.; 23 C.F.R. 1204.4; 49 C.F.R. 571.208-210.

Download or read book Attorney General Opinion No 1993 024 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: A city of the first class utilizing a commission-manager form of government can use its home rule power to enact an ordinance establishing term limitations for its commissioners. Cited herein: K.S.A. 12-1001; 12-1003; 12-1005e, 12-1006; 12-1007; 12-1017; 13-1501; 13-1801; 13-1802; 13-1804; 13-1805; 13-1806; 13-1807; 13-1808; 13-1810; Kan. Const., art. 12, sec. 5.

Download or read book Attorney General Opinion No 1993 094 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 restrained environment described herein satisfies the requirement of "imprisonment" as that term is used in the driving under the influence statute and the driving while suspended statute. Cited herein: K.S.A. 8-262, as amended by L. 1993, ch. 291, sec. 2; 8-1567, as amended by L. 1993, ch. 291, sec. 270; 21-3809, as amended by L. 1993, ch. 291, sec. 102.

Download or read book Attorney General Opinion No 1993 005 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: As used in K.S.A. 1991 Supp. 74-7301, personal injury means an injury affecting one's physical and mental person; an injury giving rise to a personal action at law. Cited herein: K.S.A. 1991 Supp. 74-7301.

Download or read book Attorney General Opinion No 1993 044 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: With one limited and inapplicable exception, Congress has preempted the area of railroad safety including drug testing. Accordingly, state and local law enforcement officials may not conduct drug testing of railroad employees following a grade crossing accident. Cited herein: U.S. Const., art. VI, cl. 2; 45 U.S.C. sec. 421, 434.

Download or read book Attorney General Opinion No 1987 049 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 Fourth Amendment to the United States Constitution gives people the right to be free from "unreasonable searches and seizures." Mandatory drug testing of county employees, without regard to job performance, would violate the Fourth Amendment prohibition against "unreasonable searches and seizures." However, the testing of such an employee is permissible if based upon "reasonable suspicion." Therefore, there is no constitutional bar to the testing of a county employee where circumstances give the employer a reasonable, objective basis to suspect illicit drug use by that employee. Mandatory drug testing of applicants, without regard to job requirements, would violate the Fourth Amendment. However, testing of an applicant is permissible if it is in furtherance of a bona fide effort to learn whether an applicant is physically capable of performing the duties of a particular job. Accordingly, mandatory drug testing of all applicants for public safety positions is permissible. Cited herein: K.S.A. 19-101; K.S.A. 1986 Supp. 19-101a; U.S. Const., Fourth Amend.; Ks. Const., Bill of Rights, section 15.

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 1993 119 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: A vessel, whether or not capable of use as a residence, is considered a vehicle for purposes of the fourth amendment search and seizure protections and exceptions if readily mobile or in a setting that objectively indicates use for transportation. Cited herein: K.S.A. 1992 Supp. 32-1101; Kan. Const., Bill of Rights sec. 15; U.S. Const., Amend. IV.

Download or read book Attorney General Opinion No 1999 049 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Property specifically dedicated for public use is for the enjoyment of the public at large, not for one person or a limited number of persons, or for the exclusive use of restricted groups of individuals. Such public use does not include housing the offices of private organizations that provide services to only some members of the general public. However, there may be instances where a private non-profit organization desires to use a public building located on a public square in such a manner that its use is for the general public rather than for the organization's members or some other restricted group of individuals, and such use would be permissible. Cited herein: K.S.A. 12-401; 12-406; 12-406a.

Download or read book Attorney General Opinion No 1993 131 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: Cities do not have the authority to promulgate ordinances which alter the state prescribed speed limit of 30 miles per hour in a residential district. Cities do have the authority to place and maintain traffic control devices as long as they conform to the uniform traffic control manual. However, the manual itself establishes only a minimum standard of safety and is merely a guideline for professional engineers and is not a substitute for their judgment. Cited herein: K.S.A. 8-124, repealed, L. 1937, ch. 283, sec. 135; 8-532, repealed, L. 1974, ch. 33, sec. 8-2205; 8-533, repealed, L. 1974, ch. 33, sec. 8-2205; 8-1336; 8-1338; 8-2001; 8-2002; 8-2003; 8-2005; 8-2204, as amended by L. 1993, ch. 259, sec. 9; K.S.A. 1992 Supp. 75-6104.

Download or read book Attorney General Opinion No 1993 132 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: Any information maintained and kept by a public agency is considered part of the public record, irrespective of the original source of the information or the purposes of record keeping. Insurance information in the possession of the division of vehicles is part of a public record. The division of vehicles is required by statute to charge a fee for disclosing information concerning the insurance coverage of any licensed driver. However, a data processor, under contract, is not seeking to inspect or to obtain copies of public records; its sole purpose is to manipulate the database and develop new programs for easier access. Therefore, such an entity is not a requester of public records within the meaning of the KORA and the department of revenue is not required to charge the entity pursuant to the KORA or other statutes listed herein. Citedherein: K.S.A. 1992 Supp. 45-217; K.S.A. 45-219; 74-2012; 74-9301; 74-9302; 74-9304.

Download or read book Attorney General Opinion No 1993 081 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: A municipal court has jurisdiction to hear cases alleging third and subsequent violations of the city's ordinances prohibiting driving under the influence as long as the minimum and maximum penalties are the same as the penalties prescribed in K.S.A. 8-1567, and amendments. Cited herein: K.S.A. 8-1567; 8-2001; 8-2601; 1993 House Bill No. 2355.

Download or read book Attorney General Opinion No 1993 029 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: It is our opinion that the offices of councilperson for a city of the second class and trustee for the city hospital are incompatible. The common law doctrine of incompatibility of offices precludes a person from concurrently serving in both offices. Cited herein: K.S.A. 14-109; 14-204; 14-205; 14-601; 14-604; 14-605; 14-606; K.S.A. 14-602 (Weeks 1935).