Attorney General Opinion No. 1986-051 PDF Download
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Author: Robert T. Stephan
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Languages : en
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A petition, prepared and filed pursuant to K.S.A. 72-8801 which does not meet the requirements of K.S.A. 25-3601 e̲t̲ s̲e̲q̲., is invalid and has no effect in preventing a capital outlay levy from taking effect. Furthermore, even though a petition is valid under the requirements of K.S.A. 1985 Supp. 25-3602, it must in addition correctly identify the resolution which it challenges in order to legally protest the resolution. Cited herein: K.S.A. 25-3601; K.S.A. 1985 Supp. 25-3602; K.S.A. 72-8801.
Author: Robert T. Stephan
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Languages : en
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A petition, prepared and filed pursuant to K.S.A. 72-8801 which does not meet the requirements of K.S.A. 25-3601 e̲t̲ s̲e̲q̲., is invalid and has no effect in preventing a capital outlay levy from taking effect. Furthermore, even though a petition is valid under the requirements of K.S.A. 1985 Supp. 25-3602, it must in addition correctly identify the resolution which it challenges in order to legally protest the resolution. Cited herein: K.S.A. 25-3601; K.S.A. 1985 Supp. 25-3602; K.S.A. 72-8801.
Author: Robert T. Stephan
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Languages : en
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State law prohibits the sale or consumption of alcoholic liquor at any location to which the general public has access regardless of whether or not the premises are privately owned. Criminal responsibility for allowing consumption in violation of state law is a question of fact that can be determined only on a case by case basis. In the absence of a cereal malt beverage license, cereal malt beverages may be dispensed at functions where an admission is charged only if no part of the admission charge is directly or indirectly used to pay for the cereal malt beverage. Cited herein: K.S.A. 21-3201, 41-719, 41-2602, 41-2603 and 41-2604.
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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A community college may offer courses related to law enforcement which would satisfy the annual training requirement imposed on law enforcement officers by K.S.A. 1984 Supp. 74-5607a(b). Cited herein: K.S.A. 1984 Supp. 74-5604a; 74-5607a.
Author: Robert T. Stephan
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The issue of whether a state or local sales tax imposed on interstate long-distance telephone calls violates the commerce clause of the United States Constitution has not yet been addressed by the United States Supreme Court. However, C̲o̲m̲p̲l̲e̲t̲̲e̲ ̲A̲u̲t̲o̲ ̲T̲r̲a̲n̲s̲i̲t̲, ̲ ̲I̲n̲c̲.̲ ̲v̲.̲ ̲B̲r̲a̲d̲y̲, 430 U.S. 274, 97 S. Ct. 1076, 51 L. Ed. 2d 326 (1977) and subsequent cases indicate that such a tax may be upheld if: 1) the tax is applied to an activity with a substantial nexus with the taxing state; 2) the tax is fairly apportioned; 3) the tax does not discriminate against interstate commerce; and 4) the tax is fairly related to the services provided by the state. Cited herein: U.S. Const., Art. section 8, cl. 3.
Author: Robert T. Stephan
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Languages : en
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Kansas laws pertaining to driving under the influence of alcohol allow conviction when the accused's blood or breath alcohol test (BAT) registers less than .10 as long as other supporting evidence is available. A conviction under a similar statute in another state may be considered for sentencing purposes. Cited herein: K.S.A. 1985 Supp. 8-1005; 8-1567.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 75-4319(b)(2) authorizes public bodies subject to the Kansas Open Meetings Act (KOMA) to recess into an executive session for the purpose of "consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship ..." The term "consultation" as used in the KOMA necessarily implies the presence of an attorney. Even though a letter from an attorney to his client containing advice is a privileged communication, we must conclude that members of a public body cannot recess into an executive session to review and discuss among themselves a letter from their attorney. Therefore, it is our opinion that the "consultation with an attorney" exception to the open meetings law cannot be invoked unless the attorney for the body is present. Cited herein: K.S.A. 60-426; 75-4317; K.S.A. 1985 Supp. 75-4318(a); K.S.A. 75-4319.
Author: Robert T. Stephan
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Languages : en
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Although price cutting may be an instrument of monopoly power to eliminate competitors, a newspaper company's discounted advertisement rate, in itself, is merely a competitive price cutting. There is no violation of antitrust laws under the facts presented. Cited herein: K.S.A. 50-101.
Author: Robert T. Stephan
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Languages : en
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Under the provisions of K.S.A. 1988 Supp. 13-13a04, a person appointed to the office of district member of the Washburn University Board of Regents must be a resident of the senatorial district which he or she is appointed to represent. Residence in that district must continue throughout the term of office, and voluntary failure of a person to maintain such residency results in such person's disqualification to hold the office of district member of the Washburn University Board of Regents and creates a vacancy therein. Cited herein: K.S.A. 1988 Supp. 13-13a04, K.S.A. 77-201.
Author: Robert T. Stephan
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K.S.A. 1985 Supp. 75-4318(b)(1) provides that if a request for notice of meetings subject to the Kansas Open Meetings Act (KOMA) is made by petition, notice is required to be given only to a designated person. We conclude that the request for notice submitted for our opinion constitutes a petition for purposes of the KOMA. Individual notice, therefore, is not required to be given to each person on the list. If individual requests for notice are made, however, notice must be given either in writing or by telephone to each person. We note that, if a public body has regularly scheduled meetings, the notice requirement is met by providing a single notice containing a list of such meetings. Additional notice must be given, however, of any changes or special meetings. Under the open meetings law a distinction is made between the requirements concerning notice and agenda. While notice must be f̲u̲r̲n̲i̲s̲h̲e̲d̲ to the person requesting it, K.S.A. 1985 Supp. 75-4318(b), an agenda must be m̲a̲d̲e̲ ̲a̲v̲a̲i̲l̲a̲b̲l̲e̲ to the requester if one is prepared, K.S.A. 1985 Supp. 75-4318(d). We affirm our previous opinion, No. 79-218, that a public body is not required to mail copies of an agenda if it can be obtained at a public place. Cited herein: K.S.A. 25-3601; 72-8801; 75-4317; K.S.A. 1985 Supp. 75-4318.
