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Attorney General Opinion No 1987 176
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Book Synopsis Attorney General Opinion No. 1987-176 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-176 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 Kansas Water Office possesses statutory authority to recommend the proposed name change of local health departments. The recommendation can be made to either the local authorities who govern such a department or to the state legislature or governor. When the health department is created pursuant to state authority, the state can legislatively mandate such a name change. Whether a local health department can individually effect such a change depends upon the extent and degree of local authority over each individual health department. Cited herein: K.S.A. 12-101 e̲t̲ s̲e̲q̲.; K.S.A. 19-101 e̲t̲ s̲e̲q̲.; K.S.A. 74-2616; K.S.A. 1986 Supp. 74-2622; K.S.A. 75-5601; K.S.A. 1986 Supp. 82a-906; 82a-927; 82a-928, as amended by L. 1987, ch. 402, sec. 3.
Book Synopsis Attorney General Opinion No. 1987-149 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-149 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: A letter from a private attorney to a city councilmember in the possession of a public agency is a public record. Such a record, however, is not subject to mandatory disclosure as it fails within one of the exceptions listed in the Kansas Open Records Act, correspondence between a private individual and a public agency. Therefore, the public agency has discretion whether to make the letter available to the public. Cited herein: K.S.A. 45-215; 45-216; 45-217; 45-221, as amended by L. 1987, ch. 176, section 4.
Book Synopsis Attorney General Opinion No. 1987-109 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-109 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: A personnel file of a staff physician or other employee of a county hospital is a public record which may be closed to the public. Hospital board members, however, have a right of access to such records in order to carry out their statutory duties of management and control of the hospital. Cited herein: K.S.A. 1986 Supp. 19-4601; 19-4605; 19-4607; 19-4610; K.S.A. 45-215; 45-216; 45-217; 45-221, as amended by L. 1987, ch. 176, section 4; 65-431.
Book Synopsis Attorney General Opinion No. 1987-145 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-145 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: Documents stating the charges filed against individuals in municipal court and specifying scheduled court dates are records available to the public under the Kansas Open Records Act. The custodian of these records has no discretion to withhold this information from public inspection. Cited herein: K.S.A. 1986 Supp. 21-3827; 22-4701; K.S.A. 22-4704; K.S.A. 1986 Supp. 22-4705; K.S.A. 22-4707; 45-215; 45-216; 45-217; 45-221, as amended by L. 1987, ch. 176, section 4.
Book Synopsis Attorney General Opinion No. 1987-168 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-168 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 list of Kansas attorneys compiled by the Clerk of the Appellate Courts is a public record subject to disclosure under the Kansas Open Records Act. It is our opinion that the privacy exception to mandatory disclosure, K.S.A. 45-221(a)(30), gives the Clerk discretion in this instance to delete attorneys' social security numbers from the information contained in the list before releasing the list to the public. Cited herein: K.S.A. 1986 Supp. 21-3914; K.S.A. 45-216; 45-217; 45-220; K.S.A. 45-221, as amended by L. 1987, ch. 176, section 4; 52 U.S.C. section 552a note.
Book Synopsis Attorney General Opinion No. 1987-139 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-139 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: When an inmate is given a medical examination upon arrival at a detention facility pursuant to intake procedures, the physician-patient privilege may be invoked to prevent disclosure of confidential communications in a civil action or misdemeanor criminal case, subject to statutory exceptions. Public policy supports the confidentiality of communications between the patient and physician beyond the witness stand. Such policy must give way, however, when the public's right to know about the patient's dangerous condition outweighs the individual's privacy interests. In that case, a physician would be justified in notifying sheriff's department personnel so that steps may be taken to protect the health interest of other inmates. Cited herein: K.S.A. 19-811; 45-221, as amended by L. 1987, ch. 176, section 4; 65-101; 65-118; 65-2837, as amended by L. 1987, ch. 176, section 6; 60-427; 75-5228; K.A.R. 28-1-1, 28-1-2.
Book Synopsis Attorney General Opinion No. 1985-176 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-176 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 12-4109 requires each city to provide a suitable courtroom for the municipal court, and states that the court shall be held at such time and places designated by city ordinance. Nothing in the statute, or in the Code of Procedure for Municipal Courts of which it is a part, prohibits a city from designating a location outside the city limits as the site of the municipal court. However, if appearing at a designated site imposes a burden on defendants which is unreasonable, such action of a city may be found to be a violation of due process under the United States Constitution. Given the location of the City of Eastborough and the lack of any suitable courtroom facility within the city limits, the designation of a courtroom in the Sedgwick County Courthouse is not unreasonable. Cited herein: K.S.A. 12-4109; Kan. Const., Art. 12, section 5; U.S. Const., Fourteenth Amendment.
Book Synopsis Attorney General Opinion No. 1987-126 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-126 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: Medical costs incurred by an indigent offender before or at the time of arrest are to be borne by the county if the offender is subsequently charged with a violation of state law.
Book Synopsis Attorney General Opinion No. 1987-023 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-023 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: Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.
Book Synopsis Attorney General Opinion No. 1982-176 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-176 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: A public body subject to the Kansas Open Meetings Act may not permit individuals or special interest groups, including members of the news media, to attend executive sessions as mere observers while excluding the public generally. Individuals may attend executive sessions of government bodies subject to the Act upon invitation where such persons are present to provide information to the body or participate in its deliberations, but may not attend merely as observers. Cited herein: K.S.A. 75-4317, K.S.A. 1981 Supp. 75-4318, 75-4319, 75-4320a.
Book Synopsis Attorney General Opinion No. 1987-045 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-045 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 mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.
Book Synopsis Attorney General Opinion No. 1987-121 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-121 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: K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.
Book Synopsis Attorney General Opinion No. 1979-176 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1979-176 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of K.S.A. 1978 Supp. 60-2310(d) (as amended by L. 1979, ch. 183, section 5) do not preclude the use of wage garnishment in connection with a debt which has been placed with, but not sold or assigned to, a debt collector or collection agency, irrespective of the time such debt was incurred, the time it was placed for collection or the time such debt was reduced to judgment.
Book Synopsis Attorney General Opinion No. 1987-018 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-018 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: K.S.A. 34-229 was amended by 1986 Senate Bill No. 518 to make grain warehouse bonds nonaccumulative. Thus, Kansas has joined the majority of the states and the federal government in disallowing the "stacking" of bonds. Cited herein: K.S.A. 34-229; L. 1986, ch. 153, section 1.
Book Synopsis Attorney General Opinion No. 1987-065 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-065 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: Under the provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.
Book Synopsis Attorney General Opinion No. 1987-093 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-093 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: In Kansas, title by adverse possession cannot be invoked against a governmental subdivision of the state by a private individual.
Book Synopsis Attorney General Opinion No. 1987-013 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-013 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: District attorneys and their agents are state employees for purposes of the Kansas Tort Claims Act. Cited herein: K.S.A. 22a-101, 22a-106, 25-2505, 75-6101, 75-6102.
