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Attorney General Opinion No 1987 046
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Book Synopsis Attorney General Opinion No. 1987-046 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-046 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, every child has a constitutional and statutory right to attend the public schools, subject to reasonable regulations adopted by the board of education. N̲u̲t̲t̲ ̲v̲.̲ ̲B̲o̲a̲r̲d̲ ̲o̲f̲ ̲E̲d̲u̲c̲a̲t̲i̲o̲n̲, 128 Kan. 507 (1929); Kan. Const., Art. 6, section 5, as amended in 1986. A regulation is "reasonable" if it furthers the educational mission. In our opinion, a regulation which denies a minor child admission to a public school solely because the child has obtained a G.E.D. is not reasonable. However, depending on the facts and circumstances of the particular case, a regulation which delays enrollment for a Certain amount of time or until certain requirements are met may be appropriate. Cited herein: K.S.A. 72-1046; 72-1046a; 72-1107; 72-1111; 72-4530; 72-5209; 72-8201; K.A.R. 1986 Supp. 91-10-1; Kan. Const., Art. 6, sections 1, 5.
Book Synopsis Attorney General Opinion No. 1987-181 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-181 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: Based upon the rules of statutory construction and the history and circumstances surrounding the enactment of K.S.A. 75-4321 e̲t̲ s̲e̲q̲., it is our opinion that the public employer-employee relations act does not apply to court personnel, but legislative employees are included within the scope of the act's provisions. Cited herein: K.S.A. 20-162; K.S.A. 1986 Supp. 20-342; 20-345; 20-358; K.S.A. 20-359; K.S.A. 1986 Supp. 20-361; K.S.A. 46-1213; 75-2935; 75-4321; 75-4322.
Book Synopsis Attorney General Opinion No. 1987-045 by : Robert T. Stephan
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.
Book Synopsis Attorney General Opinion No. 1988-046 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-046 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The local residential housing act, K.S.A. 12-5219 e̲t̲ s̲e̲q̲., does not through its provisions authorize participation in a mortgage credit certificate program as established by section 25 of the Internal Revenue Code of 1986, as amended. Neither does the local residential housing act preclude participation in a mortgage credit program. Kansas cities may, therefore, by the exercise of their constitutional powers of home rule as provided in Article 12, Section 5 of the Kansas Constitution, join in a mortgage credit program of the type organized by Geary County and Riley County. Cited herein: K.S.A. 1987 Supp. 12-5219 to 12-5235; Kan. Const., Art. 12, Sec. 5.
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. 1987-121 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-121 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: K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.
Book Synopsis Attorney General Opinion No. 1987-096 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-096 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: Rotary Clubs which have (1) inclusive rather than exclusive membership practices, (2) meetings open to visitors, (3) business attributes such as extensive publishing activities and a complex structure and (4) important business advantages and opportunities are not the type of fraternal or social associations contemplated by K.S.A. 44-1002(h) and thus are not exempt from the Kansas Acts Against Discrimination, K.S.A. 44-1001 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 44-1001; 44-1002; 44-1009; 44-1015; 44-1110; K.A.R. 21-46-2.
Book Synopsis Attorney General Opinion No. 1987-093 by : Robert T. Stephan
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.
Book Synopsis Attorney General Opinion No. 1987-023 by : Robert T. Stephan
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.
Book Synopsis Attorney General Opinion No. 1987-089 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-089 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: Penal statutes must be strictly construed. Since 1987 House Bill No. 2412 is penal in nature, the language granting total discretion must be given its ordinary meaning. Therefore, the proprietor or person in charge of the premises is free to designate any percentage of the premises as a smoking area, subject only to the limitations of any existing local regulation which are at least as stringent as those imposed by the act. Cited herein: 1987 House Bill No. 2412.
Book Synopsis Attorney General Opinion No. 1987-065 by : Robert T. Stephan
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.
Book Synopsis Attorney General Opinion No. 1987-174 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-174 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 intent of L. 1987, ch. 215 is to encourage individuals to serve as volunteers for certain nonprofit organizations by granting to the volunteer immunity from liability for negligent acts or omissions. There are limitations to this immunity. For the act to apply, the organization must carry general liability insurance which will pay on behalf of the insured when an individual suffers loss for which the insured is liable. The exact amount and type of insurance required is to be determined in light of the exposure to liability which arises out of the organization's activities. Cited herein: L. 1987, ch. 215, sec. 1 (to be codified at K.S.A. 1987 Supp. 60-3601).
Book Synopsis Attorney General Opinion No. 1987-163 by : Robert T. Stephan
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.).
Book Synopsis Attorney General Opinion No. 1987-034 by : Robert T. Stephan
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.
Book Synopsis Attorney General Opinion No. 1978-046 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1978-046 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: Abstracters are categorically subject to public inspection provisions found at K.S.A. 59-214, and are subject to same restrictions as are other members of public under restrictions regarding access to records in custody of district court or treatment facility of patients or former patients as provided in K.S.A. 59-2931.
Book Synopsis Attorney General Opinion No. 1987-083 by : Robert T. Stephan
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.
Book Synopsis Attorney General Opinion No. 1987-004 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-004 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 Kansas Open Records Act provides that public agencies may charge reasonable fees for photocopying public records. Fees are reasonable if they do not exceed the actual cost, or costs directly incurred, in providing copies. The twenty cents per page fee charged by Unified School District No. 431 is not unreasonable as it reflects the actual costs incurred in furnishing copies of public records. Cited herein: K.S.A. 45-215; 45-216; 45-219; 5 U.S.C. section 552.
