Attorney General Opinion No. 1983-004 PDF Download
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Author: Robert T. Stephan
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Languages : en
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The establishment of and expenditure of moneys for salaries of county commissioners are statutorily within the exclusive province of a board of county commissioners and there is no expressed or implied statutory authority permitting such salaries to be fixed pursuant to an initiative or referendum process. Payment of expense claims made by county commissioners must be consistent with the standards set forth in K.S.A. 10-801 and K.S.A. 1981 Supp. 12-105a and 12-105b (Uniform Procedure for Payment of Claims and Other Indebtedness by Municipalities). Cited herein: K.S.A. 10-801, K.S.A. 1981 Supp. 12-105a, 12-105b, 12-3013, K.S.A. 19-101a (as amended by L. 1982, ch. 115, section 1), 19-212, 19-229, 45-201.
Author: Robert T. Stephan
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Category :
Languages : en
Pages :
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Book Description
The establishment of and expenditure of moneys for salaries of county commissioners are statutorily within the exclusive province of a board of county commissioners and there is no expressed or implied statutory authority permitting such salaries to be fixed pursuant to an initiative or referendum process. Payment of expense claims made by county commissioners must be consistent with the standards set forth in K.S.A. 10-801 and K.S.A. 1981 Supp. 12-105a and 12-105b (Uniform Procedure for Payment of Claims and Other Indebtedness by Municipalities). Cited herein: K.S.A. 10-801, K.S.A. 1981 Supp. 12-105a, 12-105b, 12-3013, K.S.A. 19-101a (as amended by L. 1982, ch. 115, section 1), 19-212, 19-229, 45-201.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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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.
Author: Robert T. Stephan
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Languages : en
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Section 4(d) of 1983 House Bill No. 2327 (L. 1983, ch. 171), the new Kansas Open Records Act, provides that each request for access shall be acted upon as soon as possible, but not later than three business days following receipt of the request. Only if the request cannot be met within this time must the custodian of the records provide an explanation of the cause for further delay. In addition, the phrases "provide access to" and "permit inspection of" are used interchangeably throughout the bill, and may accordingly be treated as synonymous for purposes of interpretation. Both phrases concern the right of the public to examine public records, and so are different than the right to make copies. Cited herein: L. 1983, Ch. 171.
Author: Robert T. Stephan
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Languages : en
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County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601.
Author: Robert T. Stephan
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Languages : en
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Criminal pretrial proceedings must be conducted in the county of venue unless the governing statute specifically permits the proceeding to be conducted in another county. A pretrial proceeding conducted in a county other than the county of venue, without specific statutory authorization therefor, unless waived, is void for lack of jurisdiction. Cited herein: K.S.A. 22-2901, K.S.A. 22-2902, Kan. Const., Bill of Rights section 10.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1982 Supp. 79-201k, which exempts aircraft used actually, regularly and exclusively in business or industry from property or ad valorem taxes, is not unconstitutional as a matter of law on the ground that the law lacks a rational basis. Cited herein: K.S.A. 1982 Supp. 79-201k, Kan. Const., Bill of Rights section 1, U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Languages : en
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For purposes of civil proceedings under the Code for Care of Children, the legislature defined types of behavior which would constitute sexual abuse by reference to sex offenses in the criminal code, however, it did not thereby intend to adopt a criminal definition of sexual abuse. Thus, while certain acts described as sex offenses in the criminal statutes may not be punishable crimes if committed with a child age 16 years or older; those same acts may constitute abuse of that child under the definition of that term in the Code for Care of Children. Cited herein: K.S.A. 21-3501, 21-3503, 21-3504 as amended by L. 1983, ch. 109; 21-3509, 21-3510, 21-3511, 21-3516, K.S.A. 1982 Supp. 38-1502 as amended by L. 1983, ch. 140, 42 U.S.C. sections 5102, 5104, 45 C.F.R. section 1340.2, 1340.14, 48 Fed. Reg. 3698 (January 26, 1983).
Author: Robert T. Stephan
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Languages : en
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Kansas law requires applicants for a public grain warehouse license to submit to the state Grain Inspection Department a certified financial statement. When the applicant is a wholly-owned subsidiary of another company, a certified financial statement of the parent company which does not separately identify at least, a current balance sheet, a statement of income (profit and loss), a statement of retained earnings and a statement of retained earnings o̲f̲ t̲h̲e̲ a̲p̲p̲l̲i̲c̲a̲n̲t̲ is inadequate. Even the inclusion of a guarantee agreement for the benefit of the state does not cure the defect where the agreement does not expressly purport to protect the rights or interests of creditors or depositors of the applicant. Cited herein: K.S.A. 1983 Supp. 34-228, 34-229, L 1983, ch. 137 section 1.
Author: Robert T. Stephan
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Languages : en
Pages :
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The public electors of a county hospital district operating pursuant to K.S.A. 80-2113 e̲t̲ s̲e̲q̲., may elect the district board of directors by ballot without violating the Kansas Open Meetings Act. Cited herein: K.S.A. 75-4317, K.S.A. 1982 Supp. 75-4318, K.S.A. 80-2113, 80-2118, 80-2119, 80-2121, Kan. Const. Art. 4, section 1.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 82a-1316 provides that any contract for the withdrawal of water held in conservation storage by the state may be amended by written agreement of the parties, provided that such amendment does not affect the rate per unit of water or the minimum charge payable each year. Provisions specifying the point of withdrawal of water, however, may be amended so as to change the reservoir named in the contract. Such an amendment must, in order to have effect, be transmitted to and approved by the legislature in the same manner as water purchase contracts. Cited herein: K.S.A. 19-3435, 82a-1301, K.S.A. 1982 Supp. 82a-1307, K.S.A. 82a-1316, L. 1976, ch. 441, section 4, L. 1982, ch. 438, section 1.
