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Attorney General Opinion No 1987 176
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Book Synopsis Attorney General Opinion No. 1987-176 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-176 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 Water Office possesses statutory authority to recommend the proposed name change of local health departments. The recommendation can be made to either the local authorities who govern such a department or to the state legislature or governor. When the health department is created pursuant to state authority, the state can legislatively mandate such a name change. Whether a local health department can individually effect such a change depends upon the extent and degree of local authority over each individual health department. Cited herein: K.S.A. 12-101 e̲t̲ s̲e̲q̲.; K.S.A. 19-101 e̲t̲ s̲e̲q̲.; K.S.A. 74-2616; K.S.A. 1986 Supp. 74-2622; K.S.A. 75-5601; K.S.A. 1986 Supp. 82a-906; 82a-927; 82a-928, as amended by L. 1987, ch. 402, sec. 3.
Book Synopsis Attorney General Opinion No. 1987-149 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-149 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: A letter from a private attorney to a city councilmember in the possession of a public agency is a public record. Such a record, however, is not subject to mandatory disclosure as it fails within one of the exceptions listed in the Kansas Open Records Act, correspondence between a private individual and a public agency. Therefore, the public agency has discretion whether to make the letter available to the public. Cited herein: K.S.A. 45-215; 45-216; 45-217; 45-221, as amended by L. 1987, ch. 176, section 4.
Book Synopsis Attorney General Opinion No. 1987-126 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-126 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: Medical costs incurred by an indigent offender before or at the time of arrest are to be borne by the county if the offender is subsequently charged with a violation of state law.
Book Synopsis Attorney General Opinion No. 1987-109 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-109 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: A personnel file of a staff physician or other employee of a county hospital is a public record which may be closed to the public. Hospital board members, however, have a right of access to such records in order to carry out their statutory duties of management and control of the hospital. Cited herein: K.S.A. 1986 Supp. 19-4601; 19-4605; 19-4607; 19-4610; K.S.A. 45-215; 45-216; 45-217; 45-221, as amended by L. 1987, ch. 176, section 4; 65-431.
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. 1987-045 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. 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. 1985-176 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-176 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. 12-4109 requires each city to provide a suitable courtroom for the municipal court, and states that the court shall be held at such time and places designated by city ordinance. Nothing in the statute, or in the Code of Procedure for Municipal Courts of which it is a part, prohibits a city from designating a location outside the city limits as the site of the municipal court. However, if appearing at a designated site imposes a burden on defendants which is unreasonable, such action of a city may be found to be a violation of due process under the United States Constitution. Given the location of the City of Eastborough and the lack of any suitable courtroom facility within the city limits, the designation of a courtroom in the Sedgwick County Courthouse is not unreasonable. Cited herein: K.S.A. 12-4109; Kan. Const., Art. 12, section 5; U.S. Const., Fourteenth Amendment.
Book Synopsis Attorney General Opinion No. 1987-018 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-018 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. 34-229 was amended by 1986 Senate Bill No. 518 to make grain warehouse bonds nonaccumulative. Thus, Kansas has joined the majority of the states and the federal government in disallowing the "stacking" of bonds. Cited herein: K.S.A. 34-229; L. 1986, ch. 153, section 1.
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. 1987-168 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-168 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 list of Kansas attorneys compiled by the Clerk of the Appellate Courts is a public record subject to disclosure under the Kansas Open Records Act. It is our opinion that the privacy exception to mandatory disclosure, K.S.A. 45-221(a)(30), gives the Clerk discretion in this instance to delete attorneys' social security numbers from the information contained in the list before releasing the list to the public. Cited herein: K.S.A. 1986 Supp. 21-3914; K.S.A. 45-216; 45-217; 45-220; K.S.A. 45-221, as amended by L. 1987, ch. 176, section 4; 52 U.S.C. section 552a note.
Book Synopsis Attorney General Opinion No. 1987-145 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-145 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: Documents stating the charges filed against individuals in municipal court and specifying scheduled court dates are records available to the public under the Kansas Open Records Act. The custodian of these records has no discretion to withhold this information from public inspection. Cited herein: K.S.A. 1986 Supp. 21-3827; 22-4701; K.S.A. 22-4704; K.S.A. 1986 Supp. 22-4705; K.S.A. 22-4707; 45-215; 45-216; 45-217; 45-221, as amended by L. 1987, ch. 176, section 4.
Book Synopsis Attorney General Opinion No. 1987-025 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-025 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 Kansas Open Records Act (KORA), K.S.A. 45-215 e̲t̲ s̲e̲q̲., a record which is made, maintained, kept by, or in the possession of a public agency must be open for inspection by any person unless it falls within one of the categories of records which is not required to be disclosed or disclosure of which is specifically prohibited by statute. K.S.A. 45-217(f)(1); 45-221(a). Records compiled in the process of preventing, detecting or investigating violations of criminal law are not subject to mandatory disclosure. K.S.A. 45-221(a)(10). A "jail book" which lists persons who are placed in jail and contains information of a general nature is not a criminal investigation record and thus must be open for public inspection. The front page of the standard offense report is also subject to disclosure. Mug shots, however, are criminal investigation records which may be closed to the public. Cited herein: K.S.A. 19-1904; K.S.A. 1986 Supp. 22-4701; K.S.A. 38-1601; 38-1608; 45-215; 45-217; 45-221.
Book Synopsis Attorney General Opinion No. 1987-027 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-027 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: As a condition precedent to receipt of a motor vehicle registration, K.S.A. 1986 Supp. 8-173 requires payment of all personal property taxes levied against the registrant for the preceding year. The statute does not on its face or in its application create any classification which could give rise to an equal protection challenge under the Fourteenth Amendment. Accordingly, K.S.A. 1986 Supp. 8-173 is valid under the Fourteenth Amendment to the constitution of the United States. Cited Herein: K.S.A. 1986 Supp. 8-173; U.S. Const., Fourteenth Amend.
Book Synopsis Attorney General Opinion No. 1987-026 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-026 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 3̲2̲4̲ ̲L̲i̲q̲u̲o̲r̲ ̲C̲o̲r̲p̲.̲ ̲v̲.̲ ̲D̲u̲f̲f̲y̲, the Supreme Court of the United States held that the State of New York's statutory scheme for maintenance and control of retail liquor prices was in violation of Section 1 of the Sherman Act. The Court also held that New York's pricing system would not be saved under the "state-action exemption" from the antitrust laws (due to the fact that the state did not actively supervise the pricing system) or the Twenty-first Amendment to the United States Constitution (because the asserted state interests were not substantiated and did not suffice to afford such immunity). In Kansas, distributors are to file current bottle and case prices with the Director of the Division of Alcoholic Beverage Control. The Alcoholic Beverage Control Board is required to establish a minimum markup to be added on to the bottle price on file at the time of retail sale. The Board does not regulate the prices posted by distributors and has not adjusted the markup percentage for distilled spirits for approximately ten years. The pricing system for alcoholic liquor sales in Kansas is so closely aligned with that of New York that it too is in violation of antitrust laws. As a practical matter, prices are set by private industry and the State does not "actively" supervise the pricing system. Additionally, the United States Supreme Court held that unsubstantiated claims that the system promotes temperance and protects small liquor retailers are not sufficient to afford immunity under the Twenty-first Amendment. Cited herein: K.S.A. 41-1101; 41-1111; 41-1114; 41-1115; 41-1116; 41-1117; 41-1118; K.A.R. 13-4-2; 15 U.S.C. section 1.
Book Synopsis Attorney General Opinion No. 1987-070 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-070 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 statutory and regulatory scheme found in K.S.A. 1986 Supp. 55-609(c), 55-711(c) and K.A.R. 82-3-206 imposes an assessment to pay the conservation division expenses and administrative costs. Under this scheme the first purchaser pays the assessment and deducts it from payment of production to producers and royalty owners. Generally, as a matter of federal constitutional law, the federal government and Indian tribes are exempt from state taxation absent congressional consent. In our judgment there is implicit consent to tax the federal government in 30 U.S.C. sections 189 which authorizes a tax against a lessee of the federal government. This federal statute has been interpreted by the U.S. Supreme Court to authorize the tax against the lessee "as if the government were not concerned." There is also congressional authorization to tax the mineral interests of Indian tribes if the interests result from a lease issued to a non-Indian lessee pursuant to the 1924 Act found in 25 U.S.C. sections 398. However, this authorization does not exist in the Indian Mineral Leasing Act of 1938 found in 25 U.S.C. sections 396a. Therefore Indian mineral interests resulting from a lease issued to a non-Indian lessee pursuant to the 1924 Act are not exempt and those pursuant to the 1938 Act are exempt from the statutory and regulatory scheme in question. Cited herein: K.S.A. 1986 Supp. 55-609, 55-711, U.S. Const., Art. IV, sections 3, cl. 2; 30 U.S.C. sections 189, 25 U.S.C. sections 396a; 398.
Book Synopsis Attorney General Opinion No. 1987-100 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-100 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 crime "Unlawful Disclosure of a Warrant" prohibits disclosure, before execution of a warrant, of a complaint which led to the issuance of an arrest warrant. Cited herein: K.S.A. 1986 Supp. 20-301a; 21-3827; 22-2202; K.S.A. 22-2301; K.S.A. 1986 Supp. 22-2302; K.S.A. 45-215; 45-217; 45-218; 45-221.
