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Attorney General Opinion No 1991 067
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Book Synopsis Attorney General Opinion No. 1991-067 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-067 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: As used in K.S.A. 12-3013, the word "electors" means persons who were qualified electors at the time they signed the petition requesting the referendum and does not mean that they had to be qualified electors at the time of the preceding regular city election. Additionally, pursuant to K.S.A. 1990 Supp. 25-3601, the sufficiency of each signature and the number thereof on a petition filed pursuant to K.S.A. 12-3013 shall be determined by the county election officer. Cited herein: K.S.A. 12-3013; K.S.A. 1990 Supp. 25-3601.
Book Synopsis Attorney General Opinion No. 1991-012 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-012 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: K.S.A. 82a-1307 and 82a-1504, authorizing the legislature to disapprove and revoke water transfer decisions by the adoption of a concurrent resolution, violate the separation of powers doctrine and article 2, section 14 of the Kansas constitution. Cited herein: K.S.A. 82a-1305; 82a-1307; 82a-1503; 82a-1504; Kan. Const., Art. 2, section 14.
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. 1992-067 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-067 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In counties that have hired a county counselor pursuant to K.S.A. 19-247, matters which are deemed to be criminal or quasi-criminal in nature, such as juvenile offender proceedings, are the responsibility of the county attorney; matters which are deemed to be civil in nature, such as child in need of care, forfeiture, determination of habitual traffic offenders, mental illness, alcoholism or intoxication, and habeus corpus matters, are the responsibility of the county counselor. However, due to the fact that the county counselor is usually appointed with the idea that the individual will only advise the board of county commissioners and handle contract issues, and that issues requiring trial work shall be the duty of the county attorney, it is reasonable that some counties which have a county attorney and a county counselor may wish to enter into a contract wherein the county attorney would handle all duties except advising the board of county commissioners and contractual matters. Cited herein: K.S.A. 8-285; 8-286; 19-247; 19-248; 19-702; 19-704(a); 19-716; 21-3105; 38-1501; 38-1510; 38-1554; 38-1561; 38-1601; K.S.A. 1991 Supp. 38-1602; K.S.A. 60-1507(b); K.S.A. 1991 Supp. 65-4171.
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.
Book Synopsis Attorney General Opinion No. 1991-088 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-088 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: Section 2(b)(10) of chapter 150 of the 1991 Session Laws does not preclude endorsements by a newspaper, the publisher and editor of which is a member of the commission on governmental standards and conduct. Cited herein: L. 1991, ch. 150, section 2.
Book Synopsis Attorney General Opinion No. 1991-152 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-152 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: Short of legislative directive indicating how CURB should contract for professional services, CURB should comprise its negotiating committee pursuant to the general statute, K.S.A. 75-3799. Cited herein: K.S.A. 1990 Supp. 66-1222, 66-1225, as amended by L. 1991, ch. 205 sections 1 and 2; K.S.A. 66-1513; 75-3799.
Book Synopsis Attorney General Opinion No. 1991-105 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-105 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 general laws governing agency apply when determining who is an agent. Marking the "not sure" box of the real estate sales questionnaire will not invalidate the form. Cited herein: L. 1991, ch. 162, sections 3, 4, 7.
Book Synopsis Attorney General Opinion No. 1991-024 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-024 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: Enforcement of the governmental ethics act against the employees of interstate agencies by criminal prosecution is not favored by the law. The terms of the interstate compact or agreement take precedence over the unilateral actions of any single member state. Cited Cited [sic] herein: K.S.A. 2-3101; 12-2514; 12-2524; K.S.A. 1990 Supp. 46-247; K.S.A. 46-215, e̲t̲ s̲e̲q̲.; 48-2001; 65-34a01; 72-6011; 79-4301; 82a-528; 82a-529; K.S.A. 1990 Supp. 74-8731; U.S. Const., Art. 1, section 10, cl. 3.
Book Synopsis Attorney General Opinion No. 1991-032 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-032 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: Generally, marital relationships between governmental officers or employees are not p̲e̲r̲ s̲e̲ prohibited by Kansas law. Kansas conflict of interest laws prohibit certain interaction with or activities involving entities in which a public officer or employee has a substantial interest. These conflict of interest laws do not preclude an individual from serving as a public officer or employee. Because the appointment in question is for a court personnel position, statutes concerning that position and the judicial rules and canons should also be considered in making such an appointment. Cited herein: K.S.A. 13-2903; 14-537; 20-342; 20-343; 46-215; 46-221; 46-231; 46-233; 46-239; K.S.A. 1990 Supp. 46-247; K.S.A. 74-605; K.S.A. 1990 Supp. 75-4301a; 75-4304.
Book Synopsis Attorney General Opinion No. 1991-140 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-140 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: Upon recording of the viewers' report, survey and plat, a county road is regarded as established. By contrast, such a road is considered opened when the way is unenclosed and unobstructed; when it is minimally traveled; or when it is available or put in condition for public use. The 1879 non-user statute may have applicability to an established road which was not opened prior to the repeal of that statute. Mandamus does not lie to control a township board's exercise of discretion to open or to maintain a road in the absence of obstruction of duty, fraud, bad faith or gross impropriety. Neither the doctrine of abandonment nor of adverse possession generally has applicability to property established for use as a public road. The board of county commissioners are empowered to vacate any county or township road within their county by following statutory procedure. Cited herein: K.S.A. 68-102; 68-102a; 68-106; 68-115; 68-117; 68-124; K.S.A. 1990 Supp. 68-506; K.S.A. 68-518c; 68-526; 68-527; 68-527a; 68-530; 68-701; L. 1874, ch. 108, section 6; L. 1879, ch. 150, section 1.
Book Synopsis Attorney General Opinion No. 1991-117 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-117 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 terms of office for members of the advisory council on aging were originally set by statute. All subsequent appointments must be made by reference to the initial terms and each term commences at the end of the preceding term. Any appointments made mid-term are for the remainder of the unexpired term. Appointments made mid-term or following the expiration of a previous term cannot be made to exceed the term set by statute. Thus, the term of the office to which the requestor was appointed expired on June 30, 1991. Cited herein: K.S.A. 75-5911; 75-5912.
Book Synopsis Attorney General Opinion No. 1991-157 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-157 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: It is our opinion that, pursuant to the definitions of public record and public agency set forth at K.S.A. 45-217, and in accordance with the declarations set forth in K.S.A. 1-401, working papers created, maintained and in the possession of a private CPA firm, whose only connection with a public entity is a service contract entered into pursuant to K.S.A. 1990 Supp. 46-1122, are records which are not subject to the provisions of the Kansas open records act (KORA). However, post audit may review such working papers in accordance with the oversight duties dictated by K.S.A. 1990 Supp. 46-1127(a), the access powers of the division of legislative post audit and as recognized by general legal principles applicable to the accountant/client relationship. Access to or review of CPA working papers by post audit does not automatically alter the nature of the records for purposes of the open records act. If copies of records are provided to post audit, records in the possession of post audit must be closed by post audit if the records in question are subject to a duty of confidentiality. Cited herein: K.S.A. 1-401; 45-215; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 12; K.S.A. 46-1101; K.S.A. 1990 Supp. 46-1106; 46-1108; 46-1114; 46-1122; K.S.A. 46-1127; K.A.R. 74-5-101; 74-5-105.
Book Synopsis Attorney General Opinion No. 1991-130 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-130 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: Kansas law does not currently prohibit licensed physicians from performing abortions and, under current court decisions, the state may not prohibit abortions at any stage when the woman's life or health is at risk. The state may suggest guidelines for determining, after viability, when the woman's health is at risk, but the decision in a particular case must be left to the woman's physician. The physician's decision would be reviewable by the courts. Cited herein: K.S.A. 21-3407, 65-443; 65-444; 65-445; K.S.A. 1990 Supp. 65-2837, as amended by L. 1991, ch. 192, section 3.
Book Synopsis Attorney General Opinion No. 1991-116 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-116 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: K.S.A. 1990 Supp. 46-1101 gives the legislative post auditor access to otherwise confidential or private records; K.S.A. 1990 Supp. 46-1106 requires the post auditor to comply with any "duty of confidentiality imposed by law." The Kansas open records act (KORA), K.S.A. 45-215 e̲t̲ s̲e̲q̲., requires public records to be disclosed upon request unless a law permits or requires closure of a specific public record. The record in question is a contract which was in part made by a public agency. It therefore meets the definition of a public record, and is subject to the KORA. The only provision we have located that permits or requires closure of the questioned portions of the public record is in the contract itself. Public records may not be closed by contract unless a law permits or requires closure of the specific record. As no such law has been located, with regard to the specific portions of the record in question, it is our opinion that a contractual term attempting to close this information is void as against stated public policy. Such a term must therefore be severed from the otherwise legal portions of the agreement, and disclosure of the questioned portions of the record may occur. Disclosure of other records or matters must be examined on a case by case basis to determine if there is a legal duty to disclose such records or matters. Absent a mandatory disclosure requirement, an agreement not to disclose creates a duty which post audit must respect, pursuant to K.S.A. 1990 Supp. 46-1106 (g). Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 12; K.S.A. 46-1101; K.S.A. 1990 Supp. 46-1106; 46-1108; 46-1114.
Book Synopsis Attorney General Opinion No. 1991-153 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-153 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: K.S.A. 1990 Supp. 25-4153a prohibits contributions (to legislators, candidates for legislative seats, and their committees) by registered lobbyists or political committees while the legislature is in session. This prohibition is not a violation of First Amendment rights of free speech and freedom of association. Cited herein: K.S.A. 1990 Supp. 25-4153a; U.S. Const., First Amend.
Book Synopsis Attorney General Opinion No. 1991-127 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-127 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: Records pertaining to an internal investigation of an agency's employee, disclosure of which would not interfere with a prospective administrative adjudication or civil litigation nor disclose the identity of a confidential informant, may nevertheless be discretionarily closed if they fit the definition of a personnel record set forth in K.S.A. 1990 Supp. 45-221, as amended. Unless specifically altered by law, the decision concerning how to exercise existing discretionary closure authority may be made by the official custodian or custodian of the record, as those terms are defined by K.S.A. 45-217(c) and (d). Cited herein: K.S.A. 45-215; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 11; K.S.A. 73-1207; K.S.A. 1990 Supp. 73-1208c; K.S.A. 73-1209.
