Download or read book Attorney General Opinion No 1999 038 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: By referring to "such office" in K.S.A. 25-4325, the Legislature intended that the number of signatures required on a petition seeking the recall of a local elected official be based on a percentage of the number of votes cast in the last general election at which an officer was elected from the same member district from which the officer sought to be recalled was elected. In the case of a petition seeking the recall of a city commissioner who was elected at-large in the 1997 general election, the petition must contain signatures equal in number to not less than 40% of the votes cast at the 1999 general election for all at-large candidates for city commissioner divided by the number of persons elected in the 1999 general election to the office of city commissioner for at-large districts. Cited herein: K.S.A. 25-4301; 25-4318; 25-4325; 71-1407; 72-8009; Kan. Const., Art. 4, section 3; L. 1976, Ch. 177, sections 5, 7; L. 1976, Ch. 178, sections 25, 32; L. 1913, Ch. 336, section 1.

Download or read book Attorney General Opinion No 1999 061 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: Absent statutory authority, a court order assessing attorney fees in a child-in-need-of-care action is not a civil judgment that can be enforced by garnishment. Moreover, such order cannot be enforced as a civil judgment unless the Legislature so authorizes. Cited herein: K.S.A. 1998 Supp. 22-4513; 38-1511; K.S.A. 38-1593; 60-714; 60-716.

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 1984 038 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: The restrictions of K.S.A. 17-5904 do not apply to agricultural land owned or leased by a corporation on July 1, 1981, where said corporation was engaged in "livestock enterprises" (other than milking of cows for dairy purposes) or "hog enterprises" on said land, and was not otherwise in violation of K.S.A. 17-5901, prior to the aforesaid date. Cited herein: K.S.A. 17-5901, 17-5904, L. 1973, ch. 99, section 1.

Download or read book Attorney General Opinion No 1989 038 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: Under the United States Supreme Court decision in H̲a̲z̲e̲l̲w̲o̲o̲d̲ ̲S̲c̲h̲o̲o̲l̲ ̲D̲i̲s̲t̲r̲i̲c̲t̲ ̲v̲.̲ ̲K̲u̲h̲l̲m̲e̲i̲e̲̲r̲, local public school officials and administrators may exercise reasonable control over activities sponsored by a public school such as publications, theatrical productions and other expressive activities so long as the educators' actions are reasonably related to legitimate pedagogical concerns and there is no intent to create a public forum. Also, Section 11 of the Kansas Bill of Rights does not provide an absolute right to freedom of speech and expression. Students in private, accredited schools are subject to reasonable school regulations. The H̲a̲z̲e̲l̲w̲o̲o̲d̲ decision applies to public schools on its facts, and does not apply to non-public schools. Cited herein: Kans. Const., B. of R., section 11; U.S. Const., Amend. I, XIV.

Download or read book Attorney General Opinion No 1993 038 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 provision of the city housing code authorizing inspections of dwellings does not violate section 15 of the Kansas bill of rights and the fourth amendment to the United States constitution, however, the owner or occupant has the right to deny access to a public inspection officer and may require that a search warrant be secured. Cited herein: Kan. Bill of Rights, section 15; U.S. Const., amendment IV.

Download or read book Attorney General Opinion No 1999 048 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: Documents related to an investigation conducted by an attorney for his or her client in order to provide legal advice to the client, may be closed under the Kansas Open Records Act because they are protected by the attorney-client privilege. Cited herein: K.S.A. 1998 Supp. 45-217; K.S.A. 1998 Supp. 45-221; 60-226; K.S.A. 60-426.

Download or read book Attorney General Opinion No 1999 012 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: There is no statutory discretion that would allow a court to suspend the mandatory minimum fine for a person who has violated K.S.A. 1998 Supp. 41-727, making it unlawful for a person under 21 to possess alcoholic liquor or cereal malt beverages. Cited herein: K.S.A. 1998 Supp. 8-1567; K.S.A. 21-3102; K.S.A. 1998 Supp. 21-4503a; 21-4603d; 38-1663; 41-727.

Download or read book Attorney General Opinion No 1994 038 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: Members of the governing board of a community mental health center who are also consumers of mental health services, representatives of mental health consumer groups, or family members of mentally ill persons may not keep their identities confidential in their official functions. Cited herein: K.S.A. 19-4001; K.S.A. 1993 Supp. 19-4002; K.S.A. 19-4003; 19-4004; K.S.A. 1993 Supp. 59-2931; 60-427; K.S.A. 65-5602; 65-5604; 74-5323.

Download or read book Attorney General Opinion No 1986 038 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 75-4318 provides a two-part test that must be met before a body can be found to be included under the Kansas Open Meetings Act: (1) the body is either a legislative or administrative agency of the state or one of its political or taxing subdivisions or subordinate to such a body; and (2) the body receives, expends or is supported in whole or in part by public funds, or, in the case of subordinate groups, has a parent or controlling body which is so supported. Members of the board of trustees of the Sedan City Hospital are appointed by the Sedan City Council. Therefore, the board of trustees is a "subordinate group" of a legislative body which receives and expends public funds. Since both parts of the test are met, the board of trustees of the Sedan City Hospital is subject to the KOMA. Cited herein: K.S.A. 1985 Supp. 12-1615; K.S.A. 75-4317; K.S.A. 1985 Supp. 75-4318.

Download or read book Attorney General Opinion No 1999 050 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: A law enforcement officer has no authority to stop a person and make inquiry concerning a possible violation of a regulation of a private homes association unless the officer suspects that such individual has violated or is about to violate a state law or a municipal ordinance. Cited herein: K.S.A. 22-2402; U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1999 043 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: A resolution enacted by the City of Newton that does nothing more than express a concern for the safety of the City's water resources and describe certain actions that the governing body may take in the future to protect the City's environment is not void on the grounds of vagueness and, therefore, does not offend the Due Process requirements of the 5th and 14th Amendments to the United States Constitution. Cited herein: U.S. Const., Amend. V and XIV.

Download or read book Attorney General Opinion No 1992 038 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. 1991 Supp. 79-1437f provides that the contents of real estate sales validation questionnaires filed in accordance with that act, while closed to most individuals, shall be made available to appraisers licensed or certified pursuant to K.S.A. 58-4101 et seq. Such questionnaires meet the definition of a public record set forth at K.S.A. 45-217(f), and thus, copies of and access to such records must be provided to licensed or certified appraisers in accordance with the applicable provisions of K.S.A. 45-215 et seq. A custodian of such a public record may not refuse to make copies of such records for persons entitled to access to the contents of a questionnaire filed under K.S.A. 1991 Supp. 79-1437f nor may a custodian delay access or copying until the information in the questionnaire is verified or refuted. Cited herein: K.S.A. 45-215; 45-217; K.S.A. 1991 Supp. 45-221; 58-4101; 79-1437c; 79-1437f.

Download or read book Attorney General Opinion No 1998 038 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Standard Offense Report is subject to the Kansas Open Records Act (KORA), K.S.A. 45-215 et seq. All information on the front page except for the victim's social security number is presumed to be open, and portions of the front page can only be closed if the victim was the victim of certain sex crimes or under the unusual event that disclosure would constitute a clearly unwarranted invasion of the victim's personal privacy. By contrast, Standard Arrest Reports are mandatorily closed. Basic information on arrests can be obtained from police blotters and jail rosters, which are mandatorily open. If a blotter is not maintained, a law enforcement agency is under an obligation to provide blotter type information reasonably contemporaneously with an arrest. Cited herein: K.S.A. 21-2501a; 21-2504; K.S.A. 1997 Supp. 22-4701; 22-4707; 22-4708; K.S.A. 45-215: K.S.A. 1997 Supp. 45-217; 45-221.

Download or read book Attorney General Opinion No 1999 028 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: Sheriffs are empowered by K.S.A. 19-805 to appoint deputies for particular purposes. Thus, sheriffs have statutory authority to deputize tribal law enforcement officers to enforce state law within the parameters set by the sheriff. Generally a sheriff is liable for official acts of the sheriff's deputies. However, tribes may agree to waive their immunity for purposes of indemnifying the county or sheriff for any liability incurred as a result of negligent acts of deputized tribal law enforcement officers while acting in an official capacity on behalf of the sheriff. The mechanism for enforcing such an agreement will depend on the terms of the agreement. Cited herein: K.S.A. 19-805; 19-805a; 74-2113; 74-5602; K.S.A. 1998 Supp. 74-9804(c); K.S.A. 75-711; 75-6101; 42 U.S.C. section 1983.

Download or read book Attorney General Opinion No 1999 045 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: Amendments contained in L. 1998, Ch. 131 allowing expungement of arrest and diversion records should be applied retroactively. Cited here: K.S.A. 1998 Supp. 21-4619; 22-2410.

Download or read book Attorney General Opinion No 1999 016 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: Use of the terms "expressly advocate the nomination, election or defeat of a clearly identified candidate" and "equal access" in 1999 Senate Bill No. 283 does not render the bill unconstitutionally vague. Cited herein: K.S.A. 25-4142; K.S.A. 1998 Supp. 25-4143; 25-4169a; 1999 S.B. 283; U.S. Const., Amend. I.