Download or read book Attorney General Opinion No 1990 084 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: Where there has been a violation of the common law rule cited in Attorney General Opinion No. 90-59, both resignations and reappointments should be considered a nullity. Cited herein: K.S.A. 1989 Supp. 13-1806.

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 1992 084 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: A city police officer is not entitled to a witness fee for appearing in district court on behalf of the state when the district court is in a city other than the one where the officer is employed, but still within the same county. To the extent it conflicts with the principles stated herein, Attorney General Opinion No. 75-266 is withdrawn. Cited herein: K.S.A. 28-126.

Download or read book Attorney General Opinion No 1990 014 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: Memoranda written by school board staff and wherein opinions are expressed or policies and actions are proposed are not public records which must mandatorily be disclosed unless such memoranda are publicly cited or identified in an open meeting or in an agenda to an open meeting. Such citation or identification subjects the memoranda to mandatory disclosure, unless otherwise specifically prohibited by law. However, even if such citation or identification does not occur, unless information contained in the memoranda is specifically prohibited or restricted from disclosure by federal law, state statute or rule of the Kansas supreme court, it may nevertheless be discretionarily disclosed by the public agency. Cited herein: 20 U.S.C. section 1232g; K.S.A. 45-215; K.S.A. 1989 Supp. 45-221; K.S.A. 72-9005.

Download or read book Attorney General Opinion No 1992 009 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: The bank trust department is not a separate legal entity from the bank of which it is a part. K.S.A. 1990 Supp. 12-1675(4) allows a governmental entity to enter into a repurchase agreement as long as the funds are invested in a bank that has an office in at least one of the applicable sites listed in the statute. Cited herein: K.S.A. 1990 Supp. 9-701; K.S.A. 9-1601; K.S.A. 1990 Supp. 12-1675; K.S.A. 1990 Supp. 84-9-105; 84-9-304.

Download or read book Attorney General Opinion No 1990 042 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: 1990 House Concurrent Resolution No. 5061, subsection (a)(4), does not violate the uniform and equal provision of the Kansas Constitution or the equal protection clause of the United States Constitution. Cited herein: Kan. Const., Art. 11, section 1; 1990 H.C.R. No. 5061; U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1994 084 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: The application affidavit provisions of 1994 senate bill no. 459 do not require notarization if an unsworn written declaration, subscribed under penalty of perjury, in substantially the form required by K.S.A. 1993 Supp. 53-601 is given in lieu of a sworn affidavit. Cited herein: K.S.A. 1993 Supp. 53-502; 53-601; K.S.A. 54-101; 54-105; 1994 S.B. No. 459.

Download or read book Attorney General Opinion No 1990 032 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: K.S.A. 24-401 e̲t̲ s̲e̲q̲. authorize a drainage district, organized pursuant to the act, to prohibit or limit discharges into a drainage ditch that prevent its maintenance. The drainage district is authorized by statute to maintain suits to enforce the reasonable orders of its directors and thus includes the ability to seek an injunction to this effect thus obviating the need for 1990 House Bill No. 2623. Cited herein: K.S.A. 24-401 e̲t̲ s̲e̲q̲.; 24-407; 24-429; 24-434.

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 1990 086 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: Pursuant to L. 1879, ch. 150, an authorized county road which remained unopened for seven years became vacated by operation of law. The subsequent repeal of that statute does not affect the vacation of a county road which occurred prior to the statute's repeal. Cited herein: K.S.A. 77-201; Laws 1879, ch. 150.

Download or read book Attorney General Opinion No 1990 005 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: By statute, a candidate in Kansas can have her or his name placed on the ballot by either filing a nominating petition, or filing a declaration of intention and paying a filing fee. Due to the change in district and precinct boundaries, however, the number of signatures required on nominating petitions cannot be determined. Until the statutory method of calculating the number is changed, the only means of becoming placed on the ballot is by filing fee. The United States Supreme Court has ruled that, based on the Equal Protection Clause of the Constitution, an indigent candidate cannot be required to pay a filing fee, and that a reasonable alternative means of ballot access must be available. Until current law is amended, the filing fee requirement must be waived for persons unable to pay. Cited herein: K.S.A. 1988 Supp. 25-205, as amended by L. 1989, Ch. 106, section 3; K.S.A. 25-206, as amended by L. 1989, Ch. 106, section 4.

Download or read book Attorney General Opinion No 1985 084 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. 1984 Supp. 74-5607a requires a Kansas law enforcement officer to complete a minimum of 40 hours of annual training as a requirement for continued employment. While Kansas statutes do not require the payment of compensation to an officer who takes such training during offduty hours, the federal Fair Labor Standards Act (FLSA) does contain such a requirement, and applies to those public agencies which have five or more employees who qualify as law enforcement officers. Cited herein: K.S.A. 1984 Supp. 74-5607a, K.A.R. 1984 Supp. 49-36-1; 29 U.S.C.A. sections 206, 207, 213; 29 C.F.R. sections 553.4, 553.7.

Download or read book Attorney General Opinion No 1990 087 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: Equipment used to receive and record emergency calls, or used to relay or dispatch emergency information to response units may be purchased with funds raised pursuant to K.S.A. 1989 Supp. 12-5304. Items such as office furniture or equipment which do not interact with the system as a whole and which do not directly contribute to the common purpose of the 911 system may not be purchased with such funds. Cited herein: K.S.A. 12-5301; 12-5302, as amended by L. 1990, ch. 78, section 1; K.S.A. 1989 Supp. 12-5304.

Download or read book Attorney General Opinion No 1990 004 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: A conflict of interest will occur when an individual, acting in his capacity as a public employee, participates in the making of a contract with a business in which the individual has a substantial interest. K.S.A. 75-4304. The director of the Riley county community corrections program is a public employee of Riley county, and must be aware that a conflict of interest could occur if the director acts as a public employee in matters regarding the director's electronic surveillance business. However, because the director is not a public employee of the city of Manhattan, Clay county, Geary county or Marshall county, a conflict of interest will not occur in forming contracts between these entities and the director's electronic surveillance business. Cited herein: K.S.A. 75-4301; 75-4304; 75-5295, as amended by L. 1989, ch. 92, section 8; 75-5297, as amended by L. 1989, ch. 92, section 10; L. 1989, ch. 92, section 1.

Download or read book Attorney General Opinion No 1990 101 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: K.S.A. 50-703(c)(5) permits a consumer reporting agency to furnish a consumer report in circumstances involving a legitimate business need for the information in connection with a business transaction involving the consumer. A financial investigation into the assets of drug dealers by the criminal fraud unit of the division of alcoholic beverage control does not involve a consumer relationship or business transaction, and thus, K.S.A. 50-703(c)(5) does not allow a consumer reporting agency to furnish a consumer report for that purpose. Cited herein: K.S.A. 50-701; 50-703; 50-707; 15 U.S.C.S. section 1681b.

Download or read book Attorney General Opinion No 1990 064 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: K.S.A. 19-101b does not specifically provide a format for a petition demanding that a resolution of a county be submitted to a vote of the electors. Therefore, such a petition must meet the requirements of K.S.A. 25-3602. The petition must clearly state the question which petitioners seek to bring to an election and each circulator must sign a verification at the end of each set of documents which that circulator carried. It is not necessary for each and every document to contain a separate verification. The verification must be accompanied by an oath or affirmation of the circulator stating to the effect that the circulator has personally witnessed the signatures contained on the documents. In lieu of an oath or affirmation, the verification may be accompanied by the statement contained in K.S.A. 1989 Supp. 53-601. However, state statute does not require that the verification be notarized. Cited herein: K.S.A. 12-688 (repealed, L. 1986, ch. 173, section 85); K.S.A. 19-101b; K.S.A. 1989 Supp. 25-3601; K.S.A. 25-3602; K.S.A. 1989 Supp. 53-601; K.S.A. 54-101; 79-5036.

Download or read book Attorney General Opinion No 1991 076 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: Under the provisions of K.S.A. 1990 Supp. 20-2619, a judge may elect to continue to participate in the retirement system for justices and judges after leaving service as a judge in certain circumstances. Because the classification created in the statute fails to advance an objective of the retirement system, the classification fails to meet the minimum rationality or reasonable basis test. Also, the benefits conferred pursuant to K.S.A. 1990 Supp. 20-2619 constitute payment of public funds to a private individual in violation of the public purpose doctrine. As such, the statute is unconstitutional. Contributions remitted pursuant to K.S.A. 1990 Supp. 20-2619 and K.S.A. 1990 Supp. 74-4911e are overpayments to the Kansas public employees retirement fund and may be reimbursed pursuant to K.S.A. 1990 Supp. 74-4921. Cited herein: K.S.A. 20-2601; 20-2601a; 20-2602b; K.S.A. 1990 Supp. 20-2603; K.S.A. 20-2606; K.S.A. 1990 Supp. 20-2619; K.S.A. 74-4901; K.S.A. 1990 Supp. 74-4909; 74-4911b; 74-4911e; 74-4911f; 74-4921; K.S.A. 74-4951; K.S.A. 1990 Supp. 74-4998g; Kan. Const., Bill of Rights, sections 1, 2; U.S. Const., 14th Amend., section 1.