Download or read book Attorney General Opinion No 1996 067 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: No constitutional or statutory authority exists for the election of fire district trustees at a general election. Absent such authority, no valid election of fire district trustees may be called and held at the general election conducted in either April or November. Cited herein: K.S.A. 19-101; 19101a, as amended by L. 1996, ch. 68, section 2; 19-3601; 19-3612a; 25-101; 251601; 25-2021; 25-2107; 25-2502.

Download or read book Attorney General Opinion No 1997 067 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A county may furnish crushed rock for parking lots and streets pursuant to its home rule power if such action fulfills a public purpose and promotes the public welfare. K.S.A. 1996 Supp. 19-101a requires that a county exercise its power of home rule by resolution. Attorney General Opinion No. 73-96 is withdrawn to the extent it conflicts with conclusions reached herein. Cited herein: K.S.A. 19-101; K.S.A. 1996 Supp. 19-101a; Kan. Const., Art. 11, section 9; L. 1974, Ch. 110, sections 1, 2.

Download or read book Attorney General Opinion No 1984 067 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: No state statute proscribes a mandatory retirement age for current employees of unified school districts or community colleges. Thus, it is improper for a board of education or board of trustees to rely upon the mandatory retirement age provisions of K.S.A. 72-5512 or 74-4937 (Weeks, 1980, now repealed,) as the basis for not renewing the employment contract of a faculty member. Additionally, during the term of a negotiated agreement reached under the Teachers' Professional Negotiations Law, a board of education or board of trustees, acting unilaterally, may not make changes in any item which is mandatorily-negotiable, such as the matter of retirement. Moreover, this is true even though the item was not noticed for negotiation and was neither discussed during negotiations nor included in the resulting agreement. Cited herein: K.S.A. 72 -5413(l)(1), 72-5501(d), 72-5512, 74-4931, 74-4937 (Weeks, 1980, now repealed), K.S.A. 1983 Supp. 74-4937; L. 1983, ch. 254, section 15; L. 1971, ch. 232, section 1(d)(7); L. 1970, ch. 326; L. 1941, ch. 341.

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 1996 030 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.

Download or read book Attorney General Opinion No 1996 001 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Government imposed content-based restrictions on speech are generally impermissible under the first amendment. However, a carefully crafted racial and sexual discrimination and harassment policy that is directed at conduct violative of title VI, title VII or title IX may indirectly regulate speech that is "swept up incidentally within" the policy's reach. Cited herein: 20 U.S.C.A. section 1681; 42 U.S.C.A. sections 2000d, 2000e; 29 C.F.R. section 1604.11.

Download or read book Attorney General Opinion No 1996 014 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 75-4318 requires that actual notice of regular and special meetings subject to the Kansas open meetings act (KOMA) be individually provided to those persons requesting such notice. If there is no intent to subvert the KOMA, a meeting subject to that act may be adjourned, recessed or continued to another date, time or place. In our opinion, the notice requirements and intent of the KOMA are violated by giving notice that a meeting will begin on one day and then subsequently continuing that meeting to another day without making a good faith attempt to provide notice of the new date, time and place to those requesting notice. Cited herein: K.S.A. 12-510b; 12-520a; 12-641; 12-749; 12-756; 12-1772; 13-1410; 14-111; 15-106; 15-123; 19-2646; 19-27,186; 75-4317; K.S.A. 1995 Supp. 75-4317a; K.S.A. 75-4318; 75-4319.

Download or read book Attorney General Opinion No 1996 075 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A pupil attending a private school does not possess a property interest in the yearly provision, free of charge, of auxiliary school services as enunciated under K.S.A. 72-5393. Amending the statute as proposed in 1996 senate bill no. 636 would not violate the due process clause of the fourteenth amendment to the United States constitution. Cited herein: K.S.A. 72-5392; 72-5393; 1996 senate bill no. 636; 20 U.S.C. section 1400; U.S. const., amend. XIV.

Download or read book Attorney General Opinion No 1996 036 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A unified school district may not enter into a contract the provisions of which require the unified school district to incur liability greater than that established under the Kansas tort claims act, K.S.A. 75-6101 et seq., or which require the unified school district to secure payment of its obligations in any manner other than those set forth in state statute. Cited herein: K.S.A. 60-1111; 72-8201; 72-8416; 75-6101; 75-6103; K.S.A. 1995 Supp. 75-6104; K.S.A. 75-6111; 75-6401; 75-6402; 75-6403; L. 1979, ch. 186, sections 1-15.

Download or read book Attorney General Opinion No 1996 026 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction. In order to ensure exercise of this right, state statute and the national voter registration act require that sites designated as places of registration be open to the public at large. Designation of sites which are not open to the public at large may result in legal action against the public entity responsible for the operation of the place of registration. Cited herein: KS. A. 25-2302; 25-2303; 25-2309; 252310; 25-2311; 25-2312; 25-2313; 42 U.S.C.A. section 1973gg; 42 U.S.C.A. section 1973gg-5; 42 U.S.C.A. section 1973gg-9.

Download or read book Attorney General Opinion No 1996 020 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Jefferson county board of county commissioners is not obligated to reimburse fire district no. 11 with its proportionate share of county general funds budgeted for ambulance service. Cited herein: K.S.A. 19-261 (repealed L. 1988, ch. 261); 65-6113.

Download or read book Attorney General Opinion No 1996 040 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 19-260b, which requires that judges of the district courts in Johnson and Sedgwick counties requisition all purchases through a county purchasing officer, does not violate the separation of powers doctrine. However, a charter resolution which exempts a county from K.S.A. 19-260b and which requires the judges of the district court to utilize the services of a county director of purchasing is an invalid use of home rule power because it violates the provisions of K.S.A. 19-101b and 19-101a. Cited herein: K.S.A. 19-101a; 19-101b; 19-260a; 19-260b; 20-101; 20-329; 20-349.

Download or read book Attorney General Opinion No 1996 025 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As a matter of law, a person who is not a "public employee" as defined by K.S.A. 75-4322(a) does not qualify as a representative of public employees for purposes of the act establishing the requirements for appointment to the public employee relations board. However, whether an individual appointed to the board is excluded from the definition of "public employee" as defined by K.S.A. 75-4322(a) is an issue of fact. An individual presently employed as director of human resources or personnel manager for a state agency is not necessarily excluded from the definition of "public employee" as a matter of law for purposes of the public employer-employee relations act. The appointee's status as a supervisory employee, a confidential employee, or a management official depends upon the particular duties and functions associated with the job rather than the position title or classification, and the issue is properly resolved on a case-by-case examination of the relevant facts and circumstances. The factual determination whether an appointee meets the statutory requirements for a particular position properly rests with the senate when the appointment is subject to senate confirmation. Cited herein: Kan. const., art. 2, section 18, art. 15, section 1; K.S.A. 75-4315b; 75-4321; 75-4322; K.S.A. 1995 Supp. 75-4323; K.S.A. 75-4324; 75-4333; 75-4334; 29 U.S.C. section 152(11).

Download or read book Opinions of the Attorney General and Report to the Governor of Virginia written by Virginia. Office of the Attorney General and published by . This book was released on 1979 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Attorney General Opinion No 1996 057 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 64-101 sets forth criteria for newspapers in which legal notices, advertisements, and publications required by state law may be published. Subsection (a)(2) of K.S.A. 64-101 provides that eligible newspapers be entered at the post office of publication as second class mail matter. Newspapers which, after July 1, 1996, are entered at the post office as periodicals meet the standards required by the legislature when it enacted the provision. Therefore, newspapers entered at the post office as periodicals are deemed to comply with subsection (a)(2) of K.S.A. 64-101. Cited herein: K.S.A. 12-1651; 64-101; L. 1935, ch. 236, section 1; 39 C.F.R. section 30011.68.

Download or read book Attorney General Opinion No 1996 034 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Licensed medical practitioners and a licensed hospital may organize as a limited liability company pursuant to K.S.A. 17-760l et seq. Consistent with K.S.A. 17-7604 (q) and Kansas case law, the limited liability company may contract with other medical practitioners to provide health care services. Cited herein: K.S.A. 17-2708; 17-2710; 17-7602; 17-7603; 17-7604;17-7620; 17-7631; K.S.A. 1995 Supp. 40-3401; 65-425; K.S.A. 65-429; 65-442; 65-2801.

Download or read book Attorney General Opinion No 1987 067 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: If a veteran satisfies the requirements set forth in the Veterans' Reemployment Rights Statute (38 U.S.C. section 2021 e̲t̲ s̲e̲q̲.) for establishing his or her right to be rehired, an employer is required to reemploy the veteran to the same or a similar position as that which the veteran held before service in the military, with all the rights and benefits that have accrued. Cited herein: 38 U.S.C. sections 2021 (a) (A) (B) ; 2021(b)(1); 2024(a).