Attorney General Opinion No. 1991-049

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Book Synopsis Attorney General Opinion No. 1991-049 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-049 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 legislature intended that the term "noneconomic loss," found in K.S.A. 1990 Supp. 65-34,126 and not otherwise defined, have the meaning commonly accorded it and as defined by case law interpreting generally similar statutes. Cited herein: K.S.A. 1990 Supp. 65-34,100; 65-34,102; 65-34,126.

Attorney General Opinion No. 1990-049

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Book Synopsis Attorney General Opinion No. 1990-049 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1990-049 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: Malt beverages containing any measurable amount of alcohol, but not more than 3.2 percent, are cereal malt beverages and may not be sold on Sunday except as provided in K.S.A. 1989 Supp. 41-2704(b) and (g). Cited herein: K.S.A. 1989 Supp. 41-102; 41-2701; 41-2704.

Attorney General Opinion No. 1982-049

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Book Synopsis Attorney General Opinion No. 1982-049 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-049 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The mayor of a city of the third-class having the mayor-council form of government is not precluded by statute or by the common-law doctrine of incompatibility of offices from also performing the functions of a dog catcher, when such duties are vested in him by city ordinance and do not result in any additional compensation being paid to him. Cited herein: K.S.A. 15-301, 15-1402, 15-1407, 15-1502.

Attorney General Opinion No. 1993-049

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Book Synopsis Attorney General Opinion No. 1993-049 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1993-049 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The city of Wellington may charter out of K.S.A. 14-604 and 14-605 because those provisions are not uniformly applicable to all cities. Furthermore, assuming a charter ordinance is enacted which provides for the appointment of members of the board of trustees by the mayor or council, the present members who were elected by the citizens have no property right in the office they hold and, consequently, the due process provisions of the fourteenth amendment to the United States constitution and the Kansas bill of rights do not apply. Cited herein: K.S.A. 14-604; 14-605; 14-633; 14-641; 14-644; 14-655; 14-662; 14-669; 14-678; 14-685; Kan. Const., Bill of Rights, sec. 1; art. 12, sec. 5; U.S. Const., amend. XIV.

Attorney General Opinion No. 1984-049

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Book Synopsis Attorney General Opinion No. 1984-049 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-049 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of a city ordinance providing otherwise, a spouse of a council member may hold the office of city treasurer or the office of cemetery superintendent in a city of the second class having the mayor-council form of government, if such spouse is otherwise qualified to be appointed to the office. Additionally, a council member whose spouse holds a city office in a city of the second class is not disqualified from voting (as member of the city council) upon the remuneration for the office which the spouse holds, or upon other matters affecting said city office. Cited herein: K.S.A. 13-2903, 14-205, 14-537, 75-4304.

Attorney General Opinion No. 1987-049

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Book Synopsis Attorney General Opinion No. 1987-049 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-049 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 Fourth Amendment to the United States Constitution gives people the right to be free from "unreasonable searches and seizures." Mandatory drug testing of county employees, without regard to job performance, would violate the Fourth Amendment prohibition against "unreasonable searches and seizures." However, the testing of such an employee is permissible if based upon "reasonable suspicion." Therefore, there is no constitutional bar to the testing of a county employee where circumstances give the employer a reasonable, objective basis to suspect illicit drug use by that employee. Mandatory drug testing of applicants, without regard to job requirements, would violate the Fourth Amendment. However, testing of an applicant is permissible if it is in furtherance of a bona fide effort to learn whether an applicant is physically capable of performing the duties of a particular job. Accordingly, mandatory drug testing of all applicants for public safety positions is permissible. Cited herein: K.S.A. 19-101; K.S.A. 1986 Supp. 19-101a; U.S. Const., Fourth Amend.; Ks. Const., Bill of Rights, section 15.

Attorney General Opinion No. 1999-049

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Book Synopsis Attorney General Opinion No. 1999-049 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1999-049 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Property specifically dedicated for public use is for the enjoyment of the public at large, not for one person or a limited number of persons, or for the exclusive use of restricted groups of individuals. Such public use does not include housing the offices of private organizations that provide services to only some members of the general public. However, there may be instances where a private non-profit organization desires to use a public building located on a public square in such a manner that its use is for the general public rather than for the organization's members or some other restricted group of individuals, and such use would be permissible. Cited herein: K.S.A. 12-401; 12-406; 12-406a.

Attorney General Opinion No. 1990-014

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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.

Attorney General Opinion No. 1990-084

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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.

Attorney General Opinion No. 1990-042

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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.

Attorney General Opinion No. 1998-049

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Book Synopsis Attorney General Opinion No. 1998-049 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1998-049 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A series of meetings or communications between members of a public body, each of which may involve less than a majority of a quorum of a public body, but collectively totaling a majority of a quorum, the purpose of which is to discuss a common topic of the business or affairs of that body so that the views of the members are exchanged in an interactive dialogue, constitutes a meeting for purposes of the Kansas Open Meetings Act. The communications need not be direct for the Act to apply, but must be at the direction or behest of the members of the body. Whether a series of communications is a violation of the Act is very fact specific, and each situation must be decided on its facts. Cited herein: K.S.A. 75-4317; 75-4317a; 75-4318.

Attorney General Opinion No. 1986-049

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Book Synopsis Attorney General Opinion No. 1986-049 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-049 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 Mail Ballot Election Act, K.S.A. 1985 Supp. 25-431 e̲t̲ s̲e̲q̲., provides for the conduct of "question submitted" elections in various governmental subdivisions by mail ballot. The mail ballot procedure may not be used in an election at which any candidate is elected, retained or recalled. The county home rule statutes, K.S.A. 19-101b(c)(3), establish procedures for the conduct of an election on a charter resolution passed by the county governing board and provide that such elections shall be conducted "in the same manner as are elections for officers of such county." The phrase "in the same manner ..." as elections for county officers is ambiguous in this context and does not prevent, in the opinion of this office, the use of the mail ballot election act when a charter resolution is submitted to county voters. Cited herein: K.S.A. 19-101b(c)(3), 25-101; K.S.A. 1985 Supp. 25-409, 25-431, 25-433, 25-434, 25-437, 25-438, 25-439; K.S.A. 25-1434, 25-1452, 25-3001 to 25-3008.

Attorney General Opinion No. 1997-049

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Book Synopsis Attorney General Opinion No. 1997-049 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1997-049 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1996 Supp. 79-3234 and K.S.A. 46-1106(g) authorize the Post Auditor to access from the Department of Revenue state income tax returns and return information necessary for the conduct of an audit directed by the Legislative Post Audit Committee pursuant to K.S.A. 46-1108. 26 U.S.C.A. section 6103 does not prohibit disclosure of state income tax returns or return information to the Post Auditor pursuant to K.S.A. 1996 Supp. 79-3234 and K.S.A. 46-1106(g). Cited herein: K.S.A. 46-1106; 46-1108; 46-1114; 46-1119; K.S.A. 1996 Supp. 79-3234; 26 U.S.C.A. section 6103; 26 C.F.R. section 301.6103(a)-1, (p)(7)-1.

Attorney General Opinion No. 1989-049

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Book Synopsis Attorney General Opinion No. 1989-049 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-049 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the provisions of K.S.A. 8-2001, local authorities (including cities) may adopt additional traffic regulations prohibiting "U-turns" where such regulations do not conflict with the provisions of the Uniform Act Regulating Traffic on Highways. Under the Uniform Act, no such ordinance regulating or prohibiting the turning of vehicles shall be effective until official traffic control devices giving notice of such local traffic regulation are erected upon or at the entrances to the highway or part thereof affected. K.S.A. 8-2002(a)(9) and (c). Accordingly, an ordinance which prescribes additional circumstances under which U-turns are prohibited (i̲.̲e̲.̲ the ordinance sets forth limitations in addition to those prescribed by K.S.A. 8-1546) is not effective until official traffic control devices giving notice of such prohibition are erected. Thus, subsections (1), (3) and (4) of section 35-323 of the Kansas City Municipal Code, which impose additional prohibitions on U-turns in the absence of official traffic control devices giving notice of such prohibitions, conflicts with subsection (c) of K.S.A. 8-2002, and is invalid pursuant to K.S.A. 8-2001. Cited herein: 8-1546; 8-2001; 8-2002.

Attorney General Opinion No. 1994-049

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Book Synopsis Attorney General Opinion No. 1994-049 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-049 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: K.S.A. 1993 Supp. 60-206 provides that, unless otherwise specifically provided, the computation of time amounting to greater than ten days shall be calculated using calendar days. Therefore, the suspension of sheriff's deputies, pursuant to K.S.A. 19-4327(a), shall be limited to a period not to exceed 30 calendar days. Cited herein: K.S.A. 19-4327; K.S.A. 1993 Supp. 60-206.

Attorney General Opinion No. 1990-026

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Book Synopsis Attorney General Opinion No. 1990-026 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1990-026 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: In legislation enacted as local economic regulation, classifications that are rationally related to a legitimate state interest do not offend the Equal Protection Clause of the Fourteenth Amendment. New section one of 1990 House Bill No. 2601 that distinguishes property located within corporate city limits from rural property does not offend the Equal Protection Clause. Cited herein: U.S. Const., Amend. XIV.

Attorney General Opinion No. 1990-005

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Book Synopsis Attorney General Opinion No. 1990-005 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1990-005 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: By statute, a candidate in Kansas can have her or his name placed on the ballot by either filing a nominating petition, or filing a declaration of intention and paying a filing fee. Due to the change in district and precinct boundaries, however, the number of signatures required on nominating petitions cannot be determined. Until the statutory method of calculating the number is changed, the only means of becoming placed on the ballot is by filing fee. The United States Supreme Court has ruled that, based on the Equal Protection Clause of the Constitution, an indigent candidate cannot be required to pay a filing fee, and that a reasonable alternative means of ballot access must be available. Until current law is amended, the filing fee requirement must be waived for persons unable to pay. Cited herein: K.S.A. 1988 Supp. 25-205, as amended by L. 1989, Ch. 106, section 3; K.S.A. 25-206, as amended by L. 1989, Ch. 106, section 4.