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Attorney General Opinion No 1985 035
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Book Synopsis Attorney General Opinion No. 1985-035 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-035 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: A county commission may, pursuant to K.S.A. 19-15,114 e̲t̲ s̲e̲q̲., acquire a public building by purchase when it determines that such public building is necessary to be used for any public county purpose. General obligation bonds may be issued to furnish the funds for such acquisition, provided that if the amount of the bonds exceeds $300,000, approval of the voters must be obtained through a special election. While K.S.A. 19-212, F̲i̲r̲s̲t̲, and K.S.A. 19-15,117 authorize a county commission to permit the use of county buildings for other than public purposes, the consumption of alcholic liquor in public places is regulated by K.S.A. 41-719, with that statute prohibiting such consumption upon property owned by a governmental subdivision of the state such as a county. However, in that the provisions of K.S.A. 41-719 are non-uniform in their application, a county may, under its home rule authority (K.S.A. 19-101 e̲t̲ s̲e̲q̲.), charter out from the provisions of K.S.A. 41-719. While consumption of alcoholic liquor is still subject to the provisions of K.S.A. 41-2602, the operation of a licensed private club in the leased premises would comply with the statute and avoid a violation of the ban on the operation of an open saloon. Cited herein: K.S.A. 19-212; 19-15,114; 19-15,115; K.S.A. 1984 Supp. 19-15,116; K.S.A. 19-15,117; 41-719; 41-803; 41-2602; Kan. Const. Art. 15, section 10.
Book Synopsis Attorney General Opinion No. 1985-131 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-131 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: The decision of the United States Supreme Court in R̲o̲e̲ ̲v̲.̲ ̲W̲a̲d̲e̲, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), permits a state to regulate or even prohibit abortion after the stage of viability, except where it is necessary, in appropriate medical judgment, to preserve the life or health of the mother. Such regulations must be narrowly tailored to fit the precise state interest at stake. As a result, attempts to specify a particular time during a pregnancy when viability occurs or to interfere with the judgment of the attending physician have been struck down as unconstitutional, although general prohibitions on post-viability abortions have been upheld. Cited herein: U.S. Const., Fourteenth Amend.
Book Synopsis Attorney General Opinion No. 1985-008 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-008 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: The common law doctrine of incompatibility of offices does not preclude one person from simultaneously holding the offices of deputy sheriff and mayor of a third class city having the mayor-council form of government. Cited herein: K.S.A. 15-301, 15-308, K.S.A. 1984 Supp. 19-805, K.S.A. 19-812, 19-813.
Book Synopsis Attorney General Opinion No. 1985-031 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-031 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: The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and county clerk. Cited herein: K.S.A. 79-1965, 79-5004.
Book Synopsis Attorney General Opinion No. 1986-035 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-035 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: The provisions of 1986 House Bill No. 2789 create a state gaming revenues fund. Depending upon the passage of other legislation, all or part of the fund may be derived from the operation of a state lottery. While such a lottery is currently prohibited by Article 15, Section 3 of the Kansas Constitution, approval of a proposed constitutional amendment in November, 1986 would permit such activity. Under both Kansas case law and decisions in other states, the legislature may enact bills which are effective only upon the occurrence of some future event, which in this case would be approval of the lottery amendment. Accordingly, 1986 House Bill No. 2789 would be constitutional if enacted. Cited herein: K.S.A. 8-1336; 8-1340; L. 1974, ch. 360; L. 1985, ch. 314; ch. 364; 1985 Senate Concurrent Res. No. 1603; 1986 House Bill No. 2789; Kan. Const., Art. 15, sections 3, 4.
Book Synopsis Attorney General Opinion No. 1985-140 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-140 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: Under the provisions of K.S.A. 75-6116 (as amended by L. 1985, ch. 293, 11), the obligation of a city to pay attorneys fees incurred by a city officer in defending a civil rights action is subject to the conditions and limitations prescribed by K.S.A. 75-6108. Those conditions include the filing of a written request (within 15 days after service of process upon the employee) that the city provide for the defense of the employee. K.S.A. 75-6108(d) and (e). Where no such request is filed, a city is not liable for attorneys fees incurred by the employee; however, the city governing body may, in its discretion, pay attorneys fees notwithstanding the failure to file a written request. Cited herein: K.S.A. 75-6102, 75-6108; 75-6116; L. 1985, ch. 293, section 1.
Book Synopsis Attorney General Opinion No. 1985-045 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-045 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: No fee is authorized and no fee should be charged by a register of deeds when filing a judgment pursuant to K.S.A. 60-2201(b). Cited herein: K.S.A. 1984 Supp. 28-115; K.S.A. 60-2201.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
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.
Book Synopsis Attorney General Opinion No. 1985-030 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-030 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: A city personnel policy which prohibits a police officer from becoming a candidate for board member of a unified school district within the city is justified by the city's compelling interest in maintaining the integrity of its police department, and is constitutional as applied to prohibit the candidacy of a police captain. Cited herein: U.S. Const., First Amendment.
Book Synopsis Attorney General Opinion No. 1985-011 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-011 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: The abandonment of the commission form of government by a city of the second class does not invalidate city ordinances adopted under that form of government. Cited herein: K.S.A. 14-1807.
Book Synopsis Attorney General Opinion No. 1985-075 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-075 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: As a result of the decision in G̲a̲r̲c̲i̲a̲ ̲v̲̲.̲ ̲S̲a̲n̲ ̲A̲n̲̲t̲o̲n̲i̲o̲ ̲M̲e̲t̲r̲o̲p̲o̲l̲i̲t̲a̲n̲ ̲T̲r̲a̲n̲s̲i̲t̲ ̲A̲u̲t̲h̲o̲r̲i̲t̲y̲, the Dickinson County sheriff's department is subject to the federal Fair Labor Standards Act. Department employees who meet the qualifications of 29 C.F.R. section 553.4 are entitled to the exemption from overtime in 29 U.S.C.A. section 207(k) if the employer so elects. As the department has more than four employees who are law enforcement officers, it is therefore not eligible for the exemption in 29 U.S.C.A. section 213(b)(20). Law enforcement employees who are subject to section 7(k) may work a maximum of 171 hours in a 28 day pay period. Following April 15, 1985, overtime is required to be paid to such employees for any hours over this amount. Cited herein: 29 U.S.C.A. sections 201, 203, 206, 207, 213, 216, 217; K.S.A. 19-803, 44-1203, 44-1204; 29 C.F.R. sections 516, 531, 541, 553, 778, 785; U.S. Supreme Court Rule 51, 52.
Book Synopsis Attorney General Opinion No. 1994-035 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-035 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 United States constitution has delegated to congress the power to determine the qualifications of its own members and to expel its members when necessary. Because this is a power reserved for the individual houses of congress, the tenth amendment of the United States constitution does not reserve to the states the authority to remove members of congress from office. K.S.A. 25-4301 et seq. are not applicable to members of congress. Cited herein: K.S.A. 25-4301; 25-4304; U.S. Const., art. 1, sec. 5, amend. 10.
Book Synopsis Attorney General Opinion No. 1985-175 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-175 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: Electric cooperatives organized pursuant to K.S.A. 17-4601 e̲t̲ s̲e̲q̲., are non-profit corporations formed for the purpose of supplying electric energy to their members and promoting and extending the use of such energy. They are private business corporations which are owned and controlled by the members who receive their services. Such cooperatives are not legislative or administrative bodies or agencies of the state or its political and taxing subdivisions, and do not receive or expend public funds. Accordingly, they are not subject to the requirements of the Kansas Open Meetings Act. Cited herein: K.S.A. 17-4602; 17-4606; 17-4608; 17-4609; 17-4610; 17-4612; 17-4613; 17-4614; K.S.A. 75-4317; 75-4318, as amended by L. 1985, Ch. 284.
Book Synopsis Attorney General Opinion No. 1985-020 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-020 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. 25-2108a(b) prescribes the conditions under which a city utilizing non-partisan elections must hold a primary election. The statute on its face is uniformly applicable to all cities, and is contained in an act (L. 1982, ch. 157) which is also uniform. K.S.A. 25-2113, which is contained in a different act, sets forth a general rule for non-partisan city elections, but also contains a provision for partisan city elections in Johnson County. The inclusion of this provision renders K.S.A. 25-2113 non-uniform, and thereby subject to a charter ordinance under a city's home rule authority. However, in the absence of such an ordinance which would allow partisan elections, the general provisions of K.S.A. 1984 Supp. 25-2108a concerning primary elections continue to apply. To the extent it is inconsistent with this opinion, Attorney General Opinion No. 78-49 is superseded. Cited herein: K.S.A. 1984 Supp. 25-2108a, K.S.A. 25-2113, Kan. Const. Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1985-024 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-024 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: In a city of the second class with the commission manager form of government which is governed by K.S.A. 14-1305, a person appointed to fill a vacancy in the office of commissioner holds office only until the "next city election," at which time someone shall be elected to fill the unexpired term if any portion of the term remains. Under Kansas case law, "next city election" is the next ensuing election at which city officers are elected. This conclusion is not altered even though a vacancy occurs after the filing deadline for a candidates seeking city office. The unexpired term should appear on the ballot of the next ensuing city election regardless of the fact no one was able to file as a candidate for the office according to the regular procedures governing the conduct of city elections. Cited herein: K.S.A. 12-1006; 12-1017; 12-1020; 14-1305; K.S.A. 1984 Supp. 25-2101; K.S.A. 25-2102; 25-2103; K.S.A. 1984 Supp. 25-2108a; 25-2110; K.S.A. 25-2118; R.S. 19-203 (1923).
Book Synopsis Attorney General Opinion No. 1985-003 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-003 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: In the absence of a statute to the contrary, a register of deeds lacks authority to allow changes to be made in the real estate records of the county in order to correct errors made in original instruments that were properly recorded by the register of deeds. If the parties to a recorded instrument discover an error in the original instrument, a document containing the correct information should be prepared and recorded. The register of deeds is an elected county officer whose duties are prescribed by law. No other officer or entity is charged with the responsibility of supervising the activities of the register of deeds. However, like the actions of any other public officer, the actions of a register of deeds are subject to review by the courts and the electors of the county. Cited herein: K.S.A. 19-1204, 58-2221.
Book Synopsis Attorney General Opinion No. 1985-174 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-174 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: As previously noted in Attorney General Opinion No. 85-110, a concurrent resolution containing a constitutional amendment adopted by the legislature during the 1985 session may be amended during the 1986 session prior to being submitted to the voters in November, 1986. At present, Chapter 360 of the Laws of 1985 provides for the submission to the voters of an amendment to Article 15, Section 10, which would allow liquor by the drink under certain circumstances. The amendment must be approved by a majority of the voters of the entire state in order to be adopted and a majority of the voters in a particular county before becoming effective in that county. Such a "dual purpose" is clearly disclosed in the explanatory statement which is to be printed on the ballot with the proposed amendment. Further, since the Kansas Constitution limits, rather than confers, power, the people of the state may amend the constitution in any manner they deem appropriate, subject only to the limits of the United States Constitution. Cited herein: K.S.A. 41-301; L. 1985, Chs. 360, 364; Kan. Const., Art. 14, section 1; Art. 15, section 10; Kan. Bill of Rights, sections 2, 20.
