Download or read book Attorney General Opinion No 1996 068 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. 45-216(a) requires public records to be open for inspection unless the record falls within one of the exceptions listed in K.S.A. 1994 Supp. 45-221. An agency shall not be required to disclose records of a utility unless the request concerns billings for a specific individual customer named by the requester. A request for records which does not fall under an exclusion listed in K.S.A. 45-221 (a) cannot be denied for the reason that the requester plans to contact those listed for the purpose of purchasing property or services. Cited herein: K.S.A. 21-3914; 45-216; 45-220; K.S.A. 1994 Supp. 45-221, as amended by L. 1996. ch. 196, section 1 and ch. 256, section 15.

Download or read book Attorney General Opinion No 1996 022 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 city may regulate the size and spacing of signs and billboards located on private property. Such regulation may not conflict with 12 U.S.C. section 131 and K.S.A. 68-2231 et seq., however, both laws recognize a city's regulatory authority over the erection, maintenance, size, spacing and lighting of signs in commercial and industrial areas. Cited herein: K.S.A. 68-2231; 68-2233; 68-2234; 23 U.S.C. section 131.

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 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 053 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: Rural water districts created pursuant to KS. A. 82a-612 et seq. may, under certain conditions, recoup the costs of relocating water lines which cross a state funded highway project, KS. A 1995 Supp. 68-415. A public wholesale water supply district is not eligible for the reimbursement of costs because the statute is specific to rural water districts. However, a rural water district, which cooperates with another entity to create a public wholesale water district, but has water lines which remain the property of a rural water district and otherwise meet the statutory requirement of the 90% limitation may be eligible for the recoupment, notwithstanding its joining with another entity to create a public wholesale water district under KS. A 19-3545. Cited herein: KS. A 19-3545; 19-3547; KS. A 1995 Supp. 68-415; KS. A. 82a-612.

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 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 058 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: Because section 11(d) of 1996 senate bill no. 585 provides for a substantive rather than a procedural or remedial change, and in the absence of legislative intent that it operate retroactively, in our opinion it should be applied prospectively to felony drug offenses committed after July 1, 1996 and not retroactively to felony drug offenses committed on or after July 1, 1993 but before July 1, 1996 even if the sentencing occurs after July 1, 1996. Cited herein: K.S.A. 21-4705, as amended by 1996 SB 585.

Download or read book Attorney General Opinion No 1996 063 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 county is not generally required to provide burial markers for deceased veterans, but is authorized to do so under home rule powers. Cited herein: K.S.A. 19-101a, as amended by L. 1996, ch. 68, section 2; 73-301; 73-302; 73-304; 73-305; 73-306; K.S.A. 73-430 (Weeks 1972); K.S.A. 73-431; 73-432.

Download or read book Opinions of the Attorney General of California written by California. Office of the Attorney General and published by . This book was released on 1950 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 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 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 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 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 069 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 sheriff is required to transport prisoners that are housed within the county jail to medical appointments. However, a county resolution that transfers the operation of a jail from the sheriff to a county department of corrections may remove that responsibility from the sheriff. Furthermore, pursuant to its home rule powers, a county may create the position of transport officer in a county department of corrections. Such transport officer may carry a concealed weapon while acting within the scope of his or her authority. If the officer's sole function is to transport prisoners then the officer may not be subject to the certification requirement of the Kansas law enforcement training act. Cited herein: K.S.A. 19-101a, as amended by L. 1996, ch. 68, section 2; K.S.A. 19-212; 19-811; 21-3110; K.S.A. 21-4201, as amended by L. 1996, ch. 149, section 4; K.S.A. 1995 Supp. 74-5602.

Download or read book Attorney General Opinion No 1997 068 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: Based on the United States Supreme Court's definition of "property" it is our opinion that the holder of a cosmetology license, cosmetology technician license, manicurist license or electrologist license has a property interest in the license which is protected by the Due Process Clause of Fourteenth Amendment to the United States Constitution. It is further our opinion that the continuing education requirement as provided in Senate Bill No.165, Section 6, is unreasonable, arbitrary and capricious in its effect of disqualifying nearly all persons currently licensed for reasons unrelated to a legitimate governmental purpose. Section 6 of S.B.165 thus violates these licensees' rights to substantive due process of law as guaranteed by the Fourteenth Amendment. Cited herein: K.S.A. 1996 Supp. 65-1904 as amended by 1997 Senate Bill 165, Section 6.