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Attorney General Opinion No 1990 019
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Book Synopsis Attorney General Opinion No. 1990-002 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-002 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While generally a county civil service board organized pursuant to K.S.A. 19-4303 et seq. has jurisdiction to hear and investigate certain grievances or complaints involving employees of the sheriff's department, jurisdiction may be altered or affected by an agreement entered into by those employees or by a county home rule resolution. Whether jurisdiction over a particular employee or matter has been altered by a contract or a home rule resolution remains a question of fact which should be determined on a case by case basis. Cited herein: K.S.A. 19-101a; 19-4303; 19-4311; 19-4322; 19-4327.
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. 1990-106 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-106 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As discussed in K.S.A. 19-2786g, a board of county commissioners may order disorganization of an improvement district within the county if the improvement district does not elect officers at a statutorily required election time and if the improvement district has failed to operate or function for at least one year following such election time. Whether such failures have occurred are fact questions. Once an improvement district has been disorganized pursuant to K.S.A. 19-2786g, bonds are not affected and must be paid according to the procedures set forth in the statute. Cited herein: K.S.A. 19-2753; 19-2759; 19-2760; 19-2761; 19-2763; 19-2765; 19-2766; 19-2766a; 19-2786g.
Book Synopsis Attorney General Opinion No. 1990-019 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-019 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Exceptional children, except for those exceptional children determined to be gifted children, are required to enroll for and attend the special education services which are indicated by the individualized education programs of the exceptional children. These special education services may be provided by the public school system or a private source. K.S.A. 1989 Supp. 72-1113 establishes the duties of the local board of education, the secretary of social and rehabilitation services, and the county attorney when it is alleged that the exceptional child is not receiving the necessary special education services. The designated employee of the school district shall report to the appropriate official, based on the age of the child, all cases of exceptional children not receiving special education services. The appropriate official is then required to conduct an investigation to determine if the exceptional child may be designated a child in need of care. Cited herein: K.S.A. 1989 Supp. 38-1502; K.S.A. 38-1510; 38-1521; K.S.A. 1989 Supp. 38-1523; K.S.A. 38-1529; 72-961; 72-963; 72-972; 72-975; 72-977; 72-1066; 72-1111; K.S.A. 1989 Supp, 72-1113.
Book Synopsis Attorney General Opinion No. 1990-064 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-064 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 19-101b does not specifically provide a format for a petition demanding that a resolution of a county be submitted to a vote of the electors. Therefore, such a petition must meet the requirements of K.S.A. 25-3602. The petition must clearly state the question which petitioners seek to bring to an election and each circulator must sign a verification at the end of each set of documents which that circulator carried. It is not necessary for each and every document to contain a separate verification. The verification must be accompanied by an oath or affirmation of the circulator stating to the effect that the circulator has personally witnessed the signatures contained on the documents. In lieu of an oath or affirmation, the verification may be accompanied by the statement contained in K.S.A. 1989 Supp. 53-601. However, state statute does not require that the verification be notarized. Cited herein: K.S.A. 12-688 (repealed, L. 1986, ch. 173, section 85); K.S.A. 19-101b; K.S.A. 1989 Supp. 25-3601; K.S.A. 25-3602; K.S.A. 1989 Supp. 53-601; K.S.A. 54-101; 79-5036.
Book Synopsis Attorney General Opinion No. 1990-007 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-007 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 19-705, 28-175 and general definitions of the term "costs" preclude the district or county attorney from retaining a portion of the sale proceeds as a fee for services rendered pursuant to K.S.A. 65-4173. Cited herein: K.S.A. 19-701; 19-705; 28-175; K.S.A. 1988 Supp. 65-4135; 65-4156; 65-4171; 65-4173.
Book Synopsis Attorney General Opinion No. 1990-102 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-102 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While a county hospital board has many powers relating to the supervision, care and custody of hospital property, it does not have the power to sell hospital property. This power is vested in the county which retains title to all hospital real property. The board of county commissioners may sell real property, essentially on behalf of the hospital, and may allow the hospital to retain the proceeds of such a sale. Cited herein: K.S.A. 19-101; K.S.A. 1989 Supp. 19-211; K.S.A. 19-212; 19-4601; 19-4610; 19-4624.
Book Synopsis Attorney General Opinion No. 1990-042 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-042 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1990 House Concurrent Resolution No. 5061, subsection (a)(4), does not violate the uniform and equal provision of the Kansas Constitution or the equal protection clause of the United States Constitution. Cited herein: Kan. Const., Art. 11, section 1; 1990 H.C.R. No. 5061; U.S. Const., Amend. XIV.
Book Synopsis Attorney General Opinion No. 1990-037 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-037 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Petition provisions set forth in K.S.A. 19-27a01 are sufficient to ensure valid petitions submitted in accordance with their terms. Compliance with other statutory enactments containing petition verification procedures is not necessary. Cited herein: K.S.A. 19-27a01; 19-27a03; 19-27a05; K.S.A. 1989 Supp. 25-3601; K.S.A. 25-3602.
Book Synopsis Attorney General Opinion No. 1991-019 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-019 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The crime victims compensation board (board) may award compensation to claimants for economic loss resulting from incidents of criminally injurious conduct occurring within one year prior to the filing of a claim with the board. In order to award compensation, the board must find that the criminally injurious conduct was reported to a law enforcement officer within 72 hours after its occurrence or that good cause existed for failure to report the criminally injurious conduct within that time. Cited herein: K.S.A. 1990 Supp. 21-3503; 74-7305.
Book Synopsis Attorney General Opinion No. 1990-055 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-055 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 19-2766a provides that prosecution of violations of improvement district resolutions "shall be conducted in the manner provided by law for prosecution of misdemeanor violations of state law." Such misdemeanor violations are prosecuted by the county or district attorney. It is therefore our opinion that a county attorney has the authority and duty to prosecute violations of improvement district resolutions. However, such a duty remains subject to the principle of prosecutorial discretion. Cited herein: K.S.A. 2-1219; 8-286; K.S.A. 1989 Supp. 9-2014; K.S.A. 12-403; 19-214; 19-618; 19-701; 19-702; 19-703; 19-2688; 19-2753; 19-2765; 19-2766a; 19-2766b; 21-1803; 21-3105; 22-2104; 22-2519; 22-3902; 22a-104; 23-462; 24-120; K.S.A. 1989 Supp. 25-308; K.S.A. 31-105a; and 75-108.
Book Synopsis Attorney General Opinion No. 1990-084 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-084 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Where there has been a violation of the common law rule cited in Attorney General Opinion No. 90-59, both resignations and reappointments should be considered a nullity. Cited herein: K.S.A. 1989 Supp. 13-1806.
Book Synopsis Attorney General Opinion No. 1990-014 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-014 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Memoranda written by school board staff and wherein opinions are expressed or policies and actions are proposed are not public records which must mandatorily be disclosed unless such memoranda are publicly cited or identified in an open meeting or in an agenda to an open meeting. Such citation or identification subjects the memoranda to mandatory disclosure, unless otherwise specifically prohibited by law. However, even if such citation or identification does not occur, unless information contained in the memoranda is specifically prohibited or restricted from disclosure by federal law, state statute or rule of the Kansas supreme court, it may nevertheless be discretionarily disclosed by the public agency. Cited herein: 20 U.S.C. section 1232g; K.S.A. 45-215; K.S.A. 1989 Supp. 45-221; K.S.A. 72-9005.
Book Synopsis Attorney General Opinion No. 1990-075 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-075 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It is our opinion that K.S.A. 19-3604 does not create a right to or dictate detachment from a fire district, but rather, the statute permits the board of county commissioners to discretionarily adopt a resolution detaching land. Fire protection services to property located outside the boundaries of a fire district is not statutorily required and cannot be provided absent express or necessarily implied authority. Fees charged pursuant to an implied contract for requested fire protection responses or services to extraterritorial property may be based upon the actual cost of providing requested responses or services and, in specific instances, such costs may be equal to the taxes that would have been paid had the property been included in the fire district. Cited herein: K.S.A. 19-3601; 19-3601a; 19-3601b; 19-3602; 19-3603; 19-3604; 19-3609; 19-3612.
Book Synopsis Attorney General Opinion No. 1990-001 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-001 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A resignation pursuant to K.S.A. 19-2606, to be effective, must be accepted by the governor. A resignation may be prospective, becoming effective, upon acceptance, at a future specified date. Once accepted, a resignation cannot be withdrawn. Based on the facts presented to us, a vacancy in the office of Osage county attorney will occur on January 9, 1990. A quo warranto action is the proper remedy to determine the right or title to a public office and to oust an incumbent who is holding the office unlawfully. Cited herein: K.S.A. 19-715; 19-2606; 25-3902; 60-1201; 60-1202; 77-109.
Book Synopsis Attorney General Opinion No. 1990-017 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-017 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Arts Commission, in selling items at retail as part of a fund-raising program, would be a retailer for purposes of the Kansas retailers' sales tax act, and thus would be responsible for collecting and remitting sales tax on such sales. The amount of the tax imposed is based on the total "selling price" or total consideration given in the transaction. Cited herein: K.S.A. 1989 Supp. 12-189; 12-191; K.S.A. 75-2249; 79-3602; 79-3603; 79-3604; 79-3604a; 79-3607; 79-3608; 79-3609; K.A.R. 92-19-16; 92-19-34; 92-19-46; 92-19-47.
Book Synopsis Attorney General Opinion No. 1990-015 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-015 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The authority to issue no-fund warrants extends to situations wherein a county hospital is operated by another entity pursuant to a lease and contract for management. Any hospital money available for the operation of the hospital which is over and above the amount established by the hospital board's budget as needed for operation and maintenance must be used to pay the warrants. Cited herein: K.S.A. 19-4601; 19-4605; 19-4607; 19-4611; 19-4612; 19-4624; 19-4626.
