Attorney General Opinion No 1980 203

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Attorney General Opinion No. 1980-203

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (873 download)

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Book Synopsis Attorney General Opinion No. 1980-203 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-203 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In actions brought against city officers and employees for alleged violations of a plaintiff's civil rights, the city must pay for the cost of providing a defense and any judgments and other costs incurred therefor, if the act or omission upon which the civil rights action is based is noncriminal, committed in good faith in the scope of defendants' employment, and if defendants reasonably cooperate in good faith in their defense. The city may pay for the cost of providing for its defense and the defense of its officers and employees and for payment of claims and judgments out of its general fund or other existing fund, or out of a special liability expense fund established for such purpose. Cited herein: K.S.A. 1979 Supp. 75-6102, 75-6110, 75-6116.

Attorney General Opinion No. 1981-203

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (87 download)

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Book Synopsis Attorney General Opinion No. 1981-203 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-203 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: Responsibility for the planning, design and construction of buildings for state agencies has been vested by the legislature in the Secretary of Administration, who is advised in the performance of these duties by the state building advisory commission. The existence of this statutory framework evinces a clear intent on the part of the legislature that, as control of such capital improvement projects be kept at the state level, they are therefore not matters of local concern. Accordingly, while deference should be given if possible to city building ordinances, the state is not bound by such local codes in the event of a dispute. However, such pre-emption is not the rule where local zoning and site plan regulations are concerned. There, in the event of a dispute, the district court may balance the interests of the state against those of the municipality, following B̲r̲o̲w̲n̲ ̲v̲.̲ ̲K̲a̲n̲s̲a̲s̲ ̲F̲o̲r̲e̲s̲t̲r̲y̲, ̲ ̲F̲i̲s̲h̲ ̲a̲n̲d̲ ̲G̲a̲m̲e̲ ̲C̲o̲m̲m̲i̲s̲s̲i̲o̲n̲, 2 Kan. App. 2d 102 (1978). Cited herein: K.S.A. 1980 Supp. 75-3741, 75-3783, 75-5407b, 75-5409a, Kan. Const., Art. 12, Sec. 5(b).

Attorney General Opinion No. 1975-203

Author : Curt Thomas Schneider
Publisher :
ISBN 13 :
Total Pages : 2 pages
Book Rating : 4.:/5 (949 download)

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Book Synopsis Attorney General Opinion No. 1975-203 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1975-203 written by Curt Thomas Schneider and published by . This book was released on 1975 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt: You inquire concerning the handling of personnel problems, discussion of salaries of individual employees, and the like, and the possibility of doing so during closed sessions.

Attorney General Opinion No. 1980-233

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (874 download)

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Book Synopsis Attorney General Opinion No. 1980-233 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-233 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to L. 1980, ch. 72, section 3, "personal liability" is imposed upon boards of public utilities and their employees in certain circumstances. Such imposition of "personal liability" does not violate constitutional requirements of equal protection and due process, and is not invalid or unenforceable on the ground of vagueness. Employees of a board of public utilities and board members are not entitled to be indemnified or defended against the personal liability imposed by L. 1980, ch. 72, section 3. Cited herein: K.S.A. 13-1220, K.S.A. 1979 Supp. 13-1221, 13-1223, 13-1227, 13-1228, 13-1258, K.S.A. 13-1271, K.S.A. 1979 Supp. 75-6101; L. 1980, ch. 72, sections 3, 7, 8, 14, 19, and 22; Kan. Const., Bill of Rights sections 1, 2; and U.S. Const., Fourteenth Amendment.

Attorney General Opinion No. 1980-154

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (872 download)

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Book Synopsis Attorney General Opinion No. 1980-154 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-154 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Public defenders are employees within the meaning of K.S.A. 1979 Supp. 75-6102, in the performance of professional services to their clients and are therefore, within the provisions of the Kansas Tort Claims Act and entitled to the indemnities, defenses and immunities contained therein. Cited herein: K.S.A. 22-4512, K.S.A. 1979 Supp. 22-4517, 22-4517a, 40-3401, 75-6101, 75-6102, 75-6103, 75-6104, 75-6105, 75-6108, 75-6109, 75-6111, 75-6115, United States Const., Sixth Amend., 18 U.S.C.A. 3006A (Supp. 1979).

Attorney General Opinion No. 1980-132

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (871 download)

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Book Synopsis Attorney General Opinion No. 1980-132 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-132 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Where the legislature has required in K.S.A. 1979 Supp. 13-1221 that a person appointed to fill a vacancy on the Kansas City, Kansas Board of Public Utilities (BPU) "shall serve until the next city or state general election, whichever occurs first, at which time a successor shall be elected to serve the remainder of the unexpired term," there is an apparent legislative intent that any such election be conducted in the manner city elections are conducted, including the requirement that a primary election be held in connection therewith. However, where such election is held at the time of the general election in November, there also is an apparent legislative intent that such election to fill BPU vacancies be subject to the time frames applicable to such general election. Thus, all candidates for each of the BPU positions to be filled at the general election to be held in November 1980 must declare their respective candidacies on or before twelve o'clock noon on June 20, 1980, and if there are more than two candidates for any such position, a primary election shall be held at the time of the primary election to be held on the first Tuesday in August 1980. Cited herein: K.S.A. 1979 Supp. 13-1221, 13-1223 (as amended by section 3 of 1980 House Bill No. 2841), K.S.A. 25-203, 25-2101, 25-2107, K.S.A. 1979 Supp. 25-2108a.

Attorney General Opinion No. 1980-252

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (874 download)

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Book Synopsis Attorney General Opinion No. 1980-252 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-252 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A police officer has express authorization stated in the law to impound a vehicle driven by a defendant arrested under certain circumstances. However, even though such officer is responsible for taking appropriate measures to protect the property of an arrested person, the question of whether the officer's failure to impound such vehicle constitutes a breach of duty, creating an exposure to tort liability, must be resolved by a competent trier of fact in light of all relevant facts and circumstances. Cited herein: K.S.A. 8-1570, K.S.A. 1979 Supp. 75-6103.

Attorney General Opinion No. 1980-235

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (874 download)

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Book Synopsis Attorney General Opinion No. 1980-235 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-235 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though facilities constructed by a corporation, including "bodies politic and corporate," are to be used by the general public, in-house professional services performed in connection therewith by employees of such corporation are performed "solely for the benefit of the corporation." Under these circumstances, such corporations and bodies politic and corporate are exempt from the registration requirements of the Technical Professions Act, as prescribed by Section 1(d) of Chapter 244 of the 1980 Session Laws. Cited herein: K.S.A. 1979 Supp. 74-7035 and L. 1980, ch. 244, section 1.

Attorney General Opinion No. 1980-261

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (874 download)

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Book Synopsis Attorney General Opinion No. 1980-261 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-261 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of statutory or case law prohibition, marriages in which one party is represented by a proxy at the time of the ceremony are legal in Kansas. In addition to complying with general statutory requirements established by K.S.A. 23-101 e̲t̲ s̲e̲q̲., the party who is to be represented by a proxy at the ceremony must confer a power of attorney on the latter to act on his or her behalf. Cited herein: K.S.A. 23-104a, K.S.A. 1979 Supp. 23-106, 23-301, L. 1980, ch. 106, section 1.

Attorney General Opinion No. 1982-203

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (867 download)

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Book Synopsis Attorney General Opinion No. 1982-203 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-203 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 28-137 (as amended by L. 1982, ch. 166, section 4), the party requesting publication of a legal notice in any court action or proceeding is responsible for payment of the fees and charges of the publisher, and a publisher may properly refuse to publish any such notice or to file proof of publication of the notice, unless such payment is made. However, there is nothing to preclude a publisher from accommodating the party requesting such publication and awaiting payment of the publication fees and charges until such time as costs are taxed in the action or proceeding. Cited herein: K.S.A. 28-137 (as amended by L. 1982, ch. 166, section 4).

Attorney General Opinion No. 1980-102

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (871 download)

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Book Synopsis Attorney General Opinion No. 1980-102 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-102 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Matters involving specific persons under K.S.A. 75-4319(b)(1) and (5) may be discussed in executive session so long as no binding action is taken. However, investigations and research projects affecting groups of persons generally but not specifically, are not the proper subjects of a closed meeting, unless discussion concerns a subject matter otherwise specifically permitted to be considered in closed or executive session by 75-4319(b). Cited herein: K.S.A. 1979 Supp. 74-7401, 74-7402,74-7403, K.S.A. 75-4317, K.S.A. 1979 Supp. 75-4318, K.S.A. 75-4319.

Attorney General Opinion No. 1980-137

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (871 download)

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Book Synopsis Attorney General Opinion No. 1980-137 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-137 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Typewritten or handwritten words do not constitute a facsimile of a servicemark, and the submission of such with the application for registration does not comply with the statutory requirements of K.S.A. 81-113(d). Material changes of a mark by amendment are not allowed; thus a registrant is not permitted to amend the original mark with a new mark. The determination of whether a trademark application is sufficient to satisfy the statutory requirements prior to the registration of such mark vests only ministerial powers in the Secretary of State. Cited herein: K.S.A. 81-112, 81-113, 81-114, 81-118, 15 U.S.C.A. 1015 e̲t̲ s̲e̲q̲.

Attorney General Opinion No. 1980-165

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (872 download)

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Book Synopsis Attorney General Opinion No. 1980-165 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-165 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of K.S.A. 12-708, relating to protests against zoning amendments, are mandatory, and the City of Merriam must allow a full fourteen-day period for the filing of protests before taking any action upon a recommendation of the planning commission. Cited herein: K.S.A. 12-708.

Attorney General Opinion No. 1980-140

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (871 download)

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Book Synopsis Attorney General Opinion No. 1980-140 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-140 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though the president of the United States may have authority to delegate powers and duties to the governor, the president has no constitutional power to compel the governor's acceptance of such delegation. Moreover, under our constitutional form of government, the governor has no inherent power separate and apart from our state's constitution, and the authority of the governor must be derived from the specific grants of power to the governor in the constitution and in the laws duly enacted by the legislature thereunder. Thus, as respects powers and duties delegated to the governor by the president, the governor's ability to accept such delegation is dependent upon the existence of specific constitutional or statutory provisions providing such authority, or upon such authority as is to be reasonably and necessarily implied therefrom. Cited herein: Kan. Const., Art. 1, sections 3, 7; 15 U.S.C.A. sections 751 e̲t̲ s̲e̲q̲., 42 U.S.C.A. sections 8501 e̲t̲ s̲e̲q̲.

Attorney General Opinion No. 1980-189

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (872 download)

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Book Synopsis Attorney General Opinion No. 1980-189 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-189 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Real estate brokers and salespersons who have been continuously and actively licensed in this state for a period of five or more years immediately prior to July 1, 1980, are not required to submit evidence of "continuing education" under the provisions of Section 13(g) of the Real Estate Brokers' and Salespersons' License Act [L. 1980, Ch. 164, section 13(g)]. A real estate broker or salesperson need not have been continuously and actively engaged in the real estate business for the subject period of time in order to qualify for the exemption created by the aforesaid section. Cited herein: L. 1980, Ch. 164, 12(b) and 13(g).

Attorney General Opinion No. 1980-224

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (874 download)

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Book Synopsis Attorney General Opinion No. 1980-224 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-224 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As K.S.A. 15-201, which provides for the election of at-large councilmen by cities of the third class, does not apply uniformly to all cities, a third class city may exempt itself by charter ordinance from all or part of the statute, and provide for the election of councilmen from wards. Cited herein: K.S.A. 13-205, 14-103, 15-201, Kan. Const., Art. 12, Sec. 5(b).

Attorney General Opinion No. 1980-259

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (874 download)

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Book Synopsis Attorney General Opinion No. 1980-259 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-259 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Moneys received by the State of Kansas may be appropriated and expended for any public purpose authorized by federal law without violating the constitutional ban on state participation in works of internal improvement. A two-thirds vote of the legislature is not required for such appropriation or expenditure unless funds generated by the State of Kansas, through taxes or other means, are contributed to the project for which the federal funds are to be used. Cited herein: K.S.A. 75-2715,75-3734, K.S.A. 1979 Supp. 75-4201, Kan. Const., Art. 11, section 9.