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Attorney General Opinion No 1991 096
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Book Synopsis Attorney General Opinion No. 1991-096 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-096 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: University police officers have the authority of law enforcement officers in the areas described in K.S.A. 76-726(a)(1) and (2) and K.S.A. 22-2401a(3)(a) and (b). Such officers may exercise law enforcement powers outside of the areas described in three separate instances: (1) When in fresh pursuit of a suspect; (2) upon notification of and coordination with local law enforcement agencies; or (3) upon request of local law enforcement officers. Cited herein: K.S.A. 22-2401a; 76-726.
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. 1991-115 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-115 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. 76-746, the reduced-service program for regents' institutions' faculty members, discriminates against faculty members 65 years of age and older. Since it does not meet the "equal benefit or equal cost" test and is not consistent with the purposes of the age discrimination in employment act (ADEA), it is not excepted from the act pursuant to the older workers benefit protection act and would be found to violate the ADEA. Cited herein: K.S.A. 1990 Supp. 74-4925, as amended by L. 1991, ch. 237, section 2; K.S.A. 76-746; K.A.R. 88-12-1; 29 U.S.C. sections 621, 623; 29 C.F.R. section 1625.10.
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. 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. 1991-024 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. 1991-074 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-074 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 word "access" as used in the Kansas protection from abuse act does not connote "legal access" to the residence. If at any time in the past persons resided together the act is applicable. Cited herein: K.S.A. 1990 Supp. 60-3101; 60-3102.
Book Synopsis Attorney General Opinion No. 1991-161 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-161 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 distribution of powers by a state constitution among the governmental departments is a question for the state itself. Under the Kansas constitution, the functions of parole and probation may be conferred upon either the executive or judicial branch of government. Those powers conferred upon the secretary of corrections by the community corrections act are executive or administrative in nature and may not be transferred to or exercised by the judiciary. Cited herein: K.S.A. 21-4601; K.S.A. 1990 Supp. 21-4603, as amended by L. 1991, ch. 89, section 4; K.S.A. 21-4611; 22-3707; 75-5290; 75-5291; 75-5292; 75-5294; 75-5296; 75-52,103; 75-52,105; 75-52,110; K.S.A. 1990 Supp. 75-52,111; 75-52,114; Kan. Const., Art. 1, sections 1, 7; Kan. Const., Art. 3, section 1.
Book Synopsis Attorney General Opinion No. 1991-031 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-031 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. 75-4318 permits a city's grievance committee to deliberate on the disposition of an individual employee's grievance matter outside of an open meeting because such a grievance committee, while otherwise subject to the KOMA, is acting in a quasi-judicial manner within the scope of authority of that committee. Prior to such deliberations, K.S.A. 75-4319 permits the grievance committee to recess from an open meeting into a closed or executive session for the purpose of discussing personnel matters of non-elected personnel, and thus, employment related grievances of individual employees of the city may discretionarily be discussed in a properly recessed executive or closed session. Individuals who aid the committee in such a discussion may be discretionarily permitted into such a closed or executive session. However, binding decisions by the committee must be made in an open meeting. Cited herein: K.S.A. 13-527; 13-2101; 75-4317; 75-4317a; 75-4318; 75-4319; Kan. Const., Art. 5, section 12.
Book Synopsis Opinions of the Attorney General of California by : California. Office of the Attorney General
Download or read book Opinions of the Attorney General of California written by California. Office of the Attorney General and published by . This book was released on 1950 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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. 1991-059 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-059 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 is authorized pursuant to article 4, section 3 of the Kansas constitution to prescribe the grounds and procedures for recall of elected public officials. The procedure set forth by the legislature obligates the county or district attorney to determine the sufficiency of the grounds asserted in a petition seeking the recall of a local officer. The county or district attorney does not determine whether the local officer should be subject to recall. Rather, the county or district attorney determines whether the grounds are set forth with sufficient particularity so as to permit the local officer an opportunity to prepare a statement in justification of the officer's conduct in office. Cited herein: K.S.A. 25-4301; K.S.A. 1990 Supp. 25-4302; K.S.A. 25-4312; K.S.A. 1990 Supp. 25-4320; K.S.A. 25-4326; 25-4329; 25-4331; Kan. Const., art. 4, section 3.
Book Synopsis Attorney General Opinion No. 1991-156 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-156 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: Pursuant to K.S.A. 75-6108(a) and 75-6109 of the tort claims act, governmental entities are required to provide a defense and pay the judgment for a claim for actual damages against an employee arising out of an act which occurred in the scope of employment and absent actual fraud or malice on the part of the employee. It is discretionary with the governmental entity to reimburse an employee for costs incurred in defending a claim for punitive or exemplary damages arising out of an act occurring in the scope of employment, and the governmental entity may discretionarily pay any part of the judgment rendered on such claims. K.S.A. 75-6116 contains similar provisions for civil rights claims except that the governmental entity may discretionarily pay any portion of the judgment only if the employee's act or omission was not a result of actual fraud or malice. Cited herein: K.S.A. 75-6108; 75-6109; 75-6116.
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. 1991-105 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. 1991-086 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-086 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: A district convention held to elect a person to be appointed to fill a vacancy in a district office is subject to K.S.A. 1990 Supp. 25-3902. The county chairperson must, within 10 days of receipt of notice that a vacancy has occurred or will occur, call a convention by mailing a notice to the persons designated in subsection (b) or (c) of K.S.A. 1990 Supp. 25-3902. The convention is to be convened and held as soon as is reasonable and practicable after the appropriate time as set forth in subsection (b) or (c) has elapsed. An actual vacancy need not exist before the convention is called and held. K.S.A. 13-1802 precludes a member of the board of commissioners of a city of the first class from simultaneously serving as a state representative. The common law doctrine of incompatibility of offices does not preclude an individual from simultaneously serving as a state representative and as president of a registered lobbying group. However, the ability of an individual to simultaneously serve in both roles is subject to the findings of the Kansas commission on governmental standards and conduct. Cite herein: K.S.A. 13-1802; K.S.A. 1990 Supp. 25-3902; 25-3903a; 46-160; K.S.A. 46-254; K.S.A. 1990 Supp. 75-4303a, as amended by L. 1991, ch. 150, section 42.
Book Synopsis Attorney General Opinion No. 1991-042 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-042 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: Under subsection (a) of K.S.A. 1990 Supp. 12-3402, no port authority shall be created without approval of the legislature by concurrent resolution. Such required legislative approval relates to "creation" of a port authority, i.̲e̲.̲ activation of a port authority by ordinance or resolution. K.S.A. 1990 Supp. 12-3401(e). K.S.A. 1990 Supp. 12-3402(a) does not require approval of the ordinance itself, and the legislature may approve of the concept of activating a joint port authority by ordinance even though the required joint ordinances and resolutions have not yet been adopted. Cited herein: K.S.A. 1990 Supp. 12-3401; 12-3402; 1991 House Concurrent Resolution No. 5026.
