Attorney General Opinion No. 1985-042

Attorney General Opinion No. 1985-042 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
Pursuant to authority granted by Article 12, Section 5 of the Kansas Constitution, the governing body of a city may pay attorney's fees of a city official who is acquitted of criminal charges, provided the governing body finds that the criminal charges arose from the discharge of an official duty in which the city had an interest, and that the officer acted in good faith. Cited herein: K.S.A. 75-6108, 75-6116; Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1985-042

Attorney General Opinion No. 1985-042 PDF Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
Pursuant to authority granted by Article 12, Section 5 of the Kansas Constitution, the governing body of a city may pay attorney's fees of a city official who is acquitted of criminal charges, provided the governing body finds that the criminal charges arose from the discharge of an official duty in which the city had an interest, and that the officer acted in good faith. Cited herein: K.S.A. 75-6108, 75-6116; Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1985-131

Attorney General Opinion No. 1985-131 PDF Author: Robert T. Stephan
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Languages : en
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The decision of the United States Supreme Court in R̲o̲e̲ ̲v̲.̲ ̲W̲a̲d̲e̲, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), permits a state to regulate or even prohibit abortion after the stage of viability, except where it is necessary, in appropriate medical judgment, to preserve the life or health of the mother. Such regulations must be narrowly tailored to fit the precise state interest at stake. As a result, attempts to specify a particular time during a pregnancy when viability occurs or to interfere with the judgment of the attending physician have been struck down as unconstitutional, although general prohibitions on post-viability abortions have been upheld. Cited herein: U.S. Const., Fourteenth Amend.

Attorney General Opinion No. 1990-042

Attorney General Opinion No. 1990-042 PDF Author: Robert T. Stephan
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Languages : en
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1990 House Concurrent Resolution No. 5061, subsection (a)(4), does not violate the uniform and equal provision of the Kansas Constitution or the equal protection clause of the United States Constitution. Cited herein: Kan. Const., Art. 11, section 1; 1990 H.C.R. No. 5061; U.S. Const., Amend. XIV.

Attorney General Opinion No. 1989-042

Attorney General Opinion No. 1989-042 PDF Author: Robert T. Stephan
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Languages : en
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Discussions by the governing body of a public hospital concerning records and reports mandated to be confidential under the risk management and peer review laws are not required to be discussed in an open meeting. Cited herein: K.S.A. 1988 Supp. 65-4915; 65-4922; 65-4923; 65-4925; 74-8705; 74-8804; 75-37,102; K.S.A. 75-4317; K.S.A. 1988 Supp. 75-4318; 75-4319; K.A.R. 1987 Supp. 28-52-1; 42 C.F.R. section 482.21.

Attorney General Opinion No. 1984-042

Attorney General Opinion No. 1984-042 PDF Author: Robert T. Stephan
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Languages : en
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K.S.A. 19-1204 requires a Register of Deeds to maintain certain handwritten record books. Although K.S.A. 58-2224 provides that certain other forms of record keeping will satisfy this requirement, it does not authorize the exclusive use of computerized recording. Thus, while a Register of Deeds may use a computer to aid in the recording functions of the office, he or she must also maintain the books required by K.S.A. 19-1204 until the legislature specifically allows computerized record keeping to be substituted for the handwritten records. Cited herein: K.S.A. 19-1204, 58-2224.

Attorney General Opinion No. 1985-031

Attorney General Opinion No. 1985-031 PDF Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and county clerk. Cited herein: K.S.A. 79-1965, 79-5004.

Attorney General Opinion No. 1985-140

Attorney General Opinion No. 1985-140 PDF Author: Robert T. Stephan
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Languages : en
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Under the provisions of K.S.A. 75-6116 (as amended by L. 1985, ch. 293, 11), the obligation of a city to pay attorneys fees incurred by a city officer in defending a civil rights action is subject to the conditions and limitations prescribed by K.S.A. 75-6108. Those conditions include the filing of a written request (within 15 days after service of process upon the employee) that the city provide for the defense of the employee. K.S.A. 75-6108(d) and (e). Where no such request is filed, a city is not liable for attorneys fees incurred by the employee; however, the city governing body may, in its discretion, pay attorneys fees notwithstanding the failure to file a written request. Cited herein: K.S.A. 75-6102, 75-6108; 75-6116; L. 1985, ch. 293, section 1.

Attorney General Opinion No. 1985-008

Attorney General Opinion No. 1985-008 PDF Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices does not preclude one person from simultaneously holding the offices of deputy sheriff and mayor of a third class city having the mayor-council form of government. Cited herein: K.S.A. 15-301, 15-308, K.S.A. 1984 Supp. 19-805, K.S.A. 19-812, 19-813.

Attorney General Opinion No. 1985-045

Attorney General Opinion No. 1985-045 PDF Author: Robert T. Stephan
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Languages : en
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No fee is authorized and no fee should be charged by a register of deeds when filing a judgment pursuant to K.S.A. 60-2201(b). Cited herein: K.S.A. 1984 Supp. 28-115; K.S.A. 60-2201.

Attorney General Opinion No. 1983-042

Attorney General Opinion No. 1983-042 PDF Author: Robert T. Stephan
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Languages : en
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The preparation of a legal description of real property which conveys Lot 18, and the west 10 feet of Lot 17, in a certain subdivision situated in the city of Salina, does not constitute the "practice of land surveying," as said term is defined in K.S.A. 74-7003(k). Therefore, a real estate broker need not be licensed as a land surveyor in order to prepare such a description. Cited herein: K.S.A. 74-7003(k).