Download or read book Attorney General Opinion No 1987 083 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: Pursuant to the provisions of K.S.A. 19-3548, a city and a public wholesale water supply district may enter into a water purchase contract for a term of forty years and any such contract may include an agreement for the purchase of water not actually received. Such a contract does not violate the cash-basis law (K.S.A. 10-1101 e̲t̲ s̲e̲q̲.), and the obligation of a city thereunder is payable solely from the revenues produced by the city's water system. Cited herein: K.S.A. 10-1101; 10-1116; 10-1116b; 19-3545; 19-3546; 19-3548.
Download or read book Attorney General Opinion No 1978 083 written by Curt Thomas Schneider and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of House Bill No. 3050 are supported by the decision of the U.S. Supreme Court in California v. LaRue, 409 U.S. 109, 34 L. Ed. 2d 342, 93 S. Ct. 390 (1972).
Download or read book Attorney General Opinion No 1981 083 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: If enacted, the proposal under consideration by the Senate Committee on Ways and Means that would statutorily require a legislative committee to approve certain leases of real property by state agencies would constitute a significant interference with the operations of the executive department in an area that is essentially executive in character, thereby violating the separation of powers doctrine. However, the legislature may exert control over the lease of office space by state agencies through appropriations, and the conditions, limitations and qualifications imposed on them, and through the enactment of substantive laws prescribing such restrictions on state agencies' powers in this regard as the legislature deems necessary and appropriate. Cited herein: K.S.A. 75-3025, K.S.A. 1980 Supp. 75-3739, 75-3765, 75-3766, 75-5411.
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 1987 030 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: In order for a political subdivision to be entitled to receive its proportionate share of Local Ad Valorem Tax Reduction Fund (LAVTRF) moneys pursuant to K.S.A. 79-2961(b), it must certify a tax levy for each fund which is to receive a distribution of LAVTRF moneys, and the amount produced by the levy certified for each such fund must be equal to or greater than the amount of LAVTRF moneys distributed to such fund. (Attorney General Opinion No. 83-24 is affirmed.) Where a city budget inadvertently credits LAVTRF moneys to a fund for which no tax is levied, the city may amend its budget pursuant to K.S.A. 79-2929a so as to transfer the LAVTRF moneys to a fund meeting the criteria set forth in Attorney General Opinion No. 83-24. However, the amended budget may not include an increase in expenditures (in the amount of the LAVTRF moneys) for the fund to which the LAVTRF moneys are transferred, since said moneys do not constitute a p̲r̲e̲v̲i̲o̲u̲s̲l̲y̲ u̲n̲b̲u̲d̲g̲e̲t̲e̲d̲ increase in revenue. Cited herein: K.S.A. 79-2927; 79-2929a; 79-2961.
Download or read book Attorney General Opinion No 1985 083 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 72-5308a authorizes the teacher in charge of each public school classroom to observe, at his or her option, a brief period of silence at the opening of each school day. Such a period of silence is not to be conducted as a religious exercise, but is to be used for silent prayer or silent reflection on the activities of the day. In that both the statute itself and the legislative history of this and subsequent bills indicates a legislative purpose which is not exclusively religious, the statute is not invalid under the holding of the United States Supreme Court in W̲a̲l̲l̲a̲c̲e̲ ̲v̲.̲ ̲J̲a̲f̲f̲r̲e̲e̲, -- U.S. --, 105 S. Ct. 2479 (1985). Cited herein: K.S.A. 72-5308a; U.S. Const., First Amend.
Download or read book Attorney General Opinion No 1986 083 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: Except as otherwise provided in the Family Farm Rehabilitation Act, all proceedings in the district court which has jurisdiction for (1) the foreclosure of a mortgage on agricultural land, (2) the cancellation of a contract for the purchase of agricultural land, or (3) the repossession of or collection against agricultural property commencing on and after October 1, 1985, shall be subject to the provisions of the Act. The Act would apply to the Farmers Home Administration and similar federal and state agencies. Cited herein: 1986 Senate Bill No. 696.
Download or read book Attorney General Opinion No 1987 023 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: Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.
Download or read book Attorney General Opinion No 1984 083 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 filing of the 1875 plat of the City of McPherson did not result in a statutory dedication of Block 56 thereof to the public use of McPherson County, and the subsequent deed conveying such property to the County did not result in a common law dedication to public uses. Cited herein: K.S.A. 12-401, 12-406 (as amended by L. 1984, ch. 65, section 1).
Download or read book Attorney General Opinion No 1987 065 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: Under the provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.
Download or read book Attorney General Opinion No 1987 093 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: In Kansas, title by adverse possession cannot be invoked against a governmental subdivision of the state by a private individual.
Download or read book Attorney General Opinion No 1989 083 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: The costs incurred by the court as a result of auditing the alcohol and drug safety action fund may be characterized as an expense of administering the fund. Therefore such costs may be paid from the portion of the fund authorized to be used for administrative expense. Cited herein: K.S.A. 1988 Supp. 8-1008.
Download or read book Attorney General Opinion No 1987 045 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 mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.
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 1987 034 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: Service of process is a condition precedent to an employee's request for the provision of defense counsel by a governmental entity, unless such condition is waived. If, after the employee has been served, the entity lawfully refuses to provide for such defense, and if the request was made in accordance with the statute, then the entity must reimburse the employee for attorney expenses incurred as a result of the retention of private counsel. Absent service of process, timely request for, and proper refusal of providing legal defense counsel, no right is conferred on the employee to retain private counsel at the expense of the governmental entity. Cited herein: K.S.A. 75-6103, 75-6108, 75-6109.
Download or read book Attorney General Opinion No 1987 163 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: Assuming that 1989 is the first year reappraised valuations are used as a basis for the levy of taxes, a taxing subdivision to which K.S.A. 1986 Supp. 79-5021 e̲t̲ s̲e̲q̲. applies will be limited in 1989 and years thereafter to an aggregate dollar amount not in excess of the actual amount which was levied by such taxing subdivision in 1988. Taxing subdivisions may alter this limitation pursuant to any one of several provisions. Cited herein: K.S.A. 1986 Supp. 79-5021; 79-5022; 79-5023; 79-5024; 79-5025; 79-5026; 79-5027; 79-5028; 79-5029; 79-5030; 79-5036; Kan. Const., Art. 11, Sec. 1 (1986 Supp.).
Download or read book Attorney General Opinion No 1975 083 written by Curt Thomas Schneider and published by . This book was released on 1975 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: You inquire ... whether acceptance of the toll-free [long distance telephone] service and of transportation to Las Vegas, and accommodations there as guests of [Southwestern Bell Telephone Company], constitute a violation of K.S.A. 66-145.
