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Attorney General Opinion No 1991 125
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Book Synopsis Attorney General Opinion No. 1991-125 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-125 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: All of the taxable, tangible property located within a municipality at the time general obligation bonds of the municipality are issued, is primarily responsible for the payment of principal and interest on bonds issued. Cited herein: K.S.A. 10-119.
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. 1991-049 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. 1991-032 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. 1991-116 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. 1991-130 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. 1991-091 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-091 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 city has no authority to prevent licensure under the drinking establishment act, unless the applicant's premises is located in an area not zoned for such purposes. Pursuant to K.S.A. 41-301, the director of alcoholic beverage control may not issue a retailer's license for a premises located in a city or township which has elected to prohibit packaged sales. Cited herein: K.S.A. 1990 Supp. 19-101a; K.S.A. 41-301; 41-302; K.S.A. 1990 Supp. 41-2605; 41-2606; 41-2608; 41-2609; 41-2611, as amended by L. 1991, ch. 148, section 1; 41-2620; 41-2622; 41-2631; 41-2646; Kan. Const., Art. 12, section 5; Art. 15, section 10.
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.
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.
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.
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. 1991-059 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. 1991-157 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. 1991-020 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-020 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: An acting officer is a temporary placeholder who occupies a position only until a permanent appointment is made; certain acting officers are statutorily limited to a term not to exceed 12 months. Absent legislation to the contrary, an acting appointee need not meet the same statutory requirements to qualify for a position as are required for a permanent appointee. Generally, an acting appointee should not be confirmed by the senate as such confirmation is the final step in completing a permanent appointment. Cited herein: K.S.A. 75-4315a; 75-4315b; 75-5203.
Book Synopsis Attorney General Opinion No. 1991-045 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-045 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 practice of nursing is reserved for licensed nurses. As an exception to the licensure requirement, unlicensed persons may, in certain instances, provide auxiliary services. Auxiliary services may be performed by unlicensed persons if supervised by a licensed nurse, or directed by a medical doctor or dentist. The phrase "auxiliary patient care services" does not refer to specific tasks, and is not to be given a broad definition. It refers to acts which support or assist nursing services. Any process exceeding this function of support or assistance must be performed by a licensed nurse unless otherwise authorized by law. Cited herein: K.S.A. 65-1113, 65-1114, 65-1123; K.S.A. 1990 Supp. 65-1124; K.S.A. 65-1129; 74-1106.
