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Attorney General Opinion No 1985 107
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Book Synopsis Attorney General Opinion No. 1985-107 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-107 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 provisions of the Transient Merchant Licensing Act do not apply to "state or county fairs." L. 1985, ch. 94, section 3(j). This exemption applies to a state or county fair and to the exhibitors at such a fair. Cited herein: L. 1985, ch. 94, sections 2, 3.
Book Synopsis Attorney General Opinion No. 1986-107 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-107 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 burden of proof in a small claims court proceeding is the same burden of proof in similar civil proceedings. The trial of all small claims shall be before the court, unless the judgment is appealed. The trial of an appeal is heard d̲e̲ n̲o̲v̲o̲ and may be before a court or jury. Cited herein: 1986 House Bill No. 2849; K.S.A. 1985 Supp. 21-3707; K.S.A. 61-1716; 61-2701 e̲t̲ s̲e̲q̲.; 61-2702; K.S.A. 1985 Supp. 61-2707; K.S.A. 61-2709.
Book Synopsis Attorney General Opinion No. 1977-107 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1977-107 written by Curt Thomas Schneider and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Any citizen alleging the commission of a crime may file a complaint pursuant to K.S.A. 12-4202.
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. 1981-107 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-107 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: The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city councilman and municipal judge in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 15-204, 15-209.
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. 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. 1985-011 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. 1985-045 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.
Book Synopsis Attorney General Opinion No. 1980-107 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-107 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 oath required by K.S.A. 75-4308 must be subscribed to by each person who becomes employed by the state or any county, city or municipality therein. As the statute admits to no exceptions, the oath is required for all such employees, regardless of the position or amount of remuneration. Cited herein: K.S.A. 21-305 (repealed, L.1968, ch. 106 section 8), 54-106, 75-4308.
Book Synopsis Attorney General Opinion No. 1985-127 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-127 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. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16) and K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), a county attorney or city attorney is not prohibited from entering into a diversion agreement in lieu of further criminal proceedings if a defendant (charged with an alcohol related offense) has been convicted of or pleaded n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to a violation of an alcohol related offense in a state other than Kansas. However, a previous conviction in another state must be considered in determining whether diversion of a defendant is in the interest of justice. Cited herein: K.S.A. 1984 Supp. 8-1567 (as amended by L. 1985, ch. 50, section 5), K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16); L. 1983, ch. 37, section 2.
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. 1985-030 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. 1985-007 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-007 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 8-1341a provides that speeding convictions for traveling not more than 10 miles per hour in excess of the 55 miles per hour speed limit shall not be part of the public record and shall not be considered by any insurance company in establishing rates for an automobile liability insurance policy or cancelling such coverage. However, the statute does not have the effect of closing any other records concerning arrests, issuance of citations or judicial proceedings. While K.S.A. 1984 Supp. 74-2012(b)(1) and (2) permit the release of information by the division of vehicles or a law enforcement agency to insurers who are processing applications for, or renewing or cancelling, motor vehicle liability insurance policies, such a release involves only information in the public record. As information concerning the convictions specified in K.S.A. 1984 Supp. 8-1341a is not part of the public record, it is not subject to being released under the provisions of K.S.A. 1984 Supp. 74-2012. Cited herein: K.S.A. 8-1001, K.S.A. 1984 Supp. 8-1341a, 21-3914, 45-217, 45-221, 74-2012.
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. 1985-141 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-141 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. 75-4304(a) prohibits public officers (which includes city council members) from making or participating in the making of contracts in which they have a substantial interest, but would not preclude a council member from voting on a motion concerning the payment of attorneys fees incurred by the council member in a civil action. However, under common law conflict of interest principles recognized in this state, a city council member is disqualified from making or voting on such a motion. Cited herein: K.S.A. 75-4301; 75-4304.
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.
