Attorney General Opinion No. 1983-053 PDF Download
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Author: Robert T. Stephan
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Languages : en
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K.S.A. 48-930 authorizes counties to enter into interjurisdictional disaster agreements only after the governor has made certain findings and ordered counties to so act. However, both K.S.A. 1982 Supp. 19-101a and K.S.A. 19-212 E̲l̲e̲v̲e̲n̲t̲h̲, authorize counties to enter into mutual aid agreements for disaster emergencies without gubenatorial directive, so long as such agreements are not contrary to local disaster emergency plans as approved by the division of emergency preparedness. Cited herein: K.S.A. 12-2901, K.S.A. 19-101a, 19-212, K.S.A. 1982 Supp. 48-928, K.S.A. 48-930.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 48-930 authorizes counties to enter into interjurisdictional disaster agreements only after the governor has made certain findings and ordered counties to so act. However, both K.S.A. 1982 Supp. 19-101a and K.S.A. 19-212 E̲l̲e̲v̲e̲n̲t̲h̲, authorize counties to enter into mutual aid agreements for disaster emergencies without gubenatorial directive, so long as such agreements are not contrary to local disaster emergency plans as approved by the division of emergency preparedness. Cited herein: K.S.A. 12-2901, K.S.A. 19-101a, 19-212, K.S.A. 1982 Supp. 48-928, K.S.A. 48-930.
Author: Robert T. Stephan
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Languages : en
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The authority and responsibility for county expenditures is vested in the board of county commissioners as a general rule. An exception to the general rule exists when the expenditure or obligation is necessary for a county official to carry out his or her statutorily imposed duties. K.S.A. 1983 Supp. 19-805(b) authorizes a sheriff, in his or her discretion, to require staff attendance at meetings and seminars which the sheriff determines will be beneficial to the operation of the office, within the limits of the sheriff's budget as approved by the county commissioners. In view of the discretionary nature of the activity, the expenditures authorized by the statute are subject to the general rule. A reconciliation of the interests of the commissioners and the sheriff may be accomplished if the former exercise their general authority by specifically approving a sum in the latter's annual budget to be expended for attendance at such meetings. The sheriff may then exercise his authority under the statute within the limits of the approved budget without seeking prior approval from the commissioners. Cited herein: K.S.A. 19-212; 19-229; 1983 Supp. 19-805; 74-5607a.
Author: Robert T. Stephan
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Languages : en
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1986 Senate Bill No. 696, which would enact the Family Farm Rehabilitation Act, does not constitute a "taking" of property which must be compensated under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. A lender's security interest is preserved under the bill, and a farmer seeking to invoke the bill's protection from foreclosure must annually pay an amount which is equivalent to that which the lender would receive if the land were sold at its present fair market value and the proceeds invested at current rates. Given decisions of the United States Supreme Court which permit such action by a state in the exercise of its police powers during a time of distress in the agricultural economy, in our opinion 1986 Senate Bill No. 696 is constitutional. Cited herein: 1986 Senate Bill No. 696; 1986 House Bill No. 2691; U.S. Const., Fourteenth Amend.
Author: Robert T. Stephan
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Languages : en
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An applicant for appointment by the secretary of state as a notary public must include in the application an oath of office, and the failure to take the oath of office may constitute grounds for revocation of a notary's appointment pursuant to K.S.A. 1982 Supp. 53-118. However, whether an oath has been legally administered is a question of fact. Prior to revoking the appointment of a notary public, the secretary of state must give reasonable notice thereof and provide an opportunity for the notary to respond to the charges being relied upon as grounds for revocation at a hearing held for such purpose. Further, revocation of a notary's appointment pursuant to K.S.A. 1982 Supp. 53-118 operates prospectively, and the secretary of state has no authority to revoke a notary's appointment a̲b̲ i̲n̲i̲t̲i̲o̲. Even though there may have been a defect in a person's appointment as a notary public, or such person failed to conform to some condition precedent to assuming the office of notary public, such person is nonetheless a d̲e̲ f̲a̲c̲t̲o̲ officer where such person was issued a certificate of appointment as a notary, such person held himself or herself out to the public as being a duly appointed notary and, in availing themselves of the notary's services, the public, without inquiry, clearly has presumed such person to be a validly appointed officer. As a consequence, the acts of such person as a d̲e̲ f̲a̲c̲t̲o̲ officer are as valid and effectual, where they concern the public or the rights of third parties, as though such person was an officer d̲e̲ j̲u̲r̲e̲, and such acts are not subject to collateral attack. Cited herein: K.S.A. 1982 Supp. 53-101, 53-102, 53-104, 53-105, 53-105a, 53-116, 53-117, 53-118, K.S.A. 54-102, 54-104, 54-106.
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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As introduced by the House Committee on Assessment and Taxation, 1983 House Bill No. 2053 does not involve an unlawful delegation of legislative power and does not contain more than one subject. Cited herein: 1983 House Bill No. 2053, Kan. Const., Art. 2, section 1, Art. 2, section 16.
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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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: Curt Thomas Schneider
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Languages : en
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The board of county commissioners in the exercise of its statutory home rule powers may define the duties of county officers to provide services pursuant to interlocal agreements entered into pursuant to K.S.A. 12-2901 et seq., and resolutions which define the duties of such officer for those purposes have the force and effect of law defining the duties of the officer which he or she is legally bound to provide by virtue of his or her office.
Author: Robert T. Stephan
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Languages : en
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The United States Congress has the constitutional power to establish and control legal currency and specifically has determined that Federal reserve notes are legal tender for all debts, public charges, taxes and dues. Cited herein: 31 U.S.C. 371 (repealed), 31 U.S.C. sections 5101, 5103, U.S. Const. Art. 1, sections 8, 10.
