Attorney General Opinion No. 1989-081 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Faculty members of the Kansas college of technology (KCT) who instruct maintenance and flight courses in the aeronautical training programs at KCT are employees of a governmental entity for purposes of the tort claims act. Instructors who maintain or pilot planes for other state agencies may be deemed employees of such other state agencies if acting in their service in an official capacity. Cited herein: K.S.A. 1988 Supp. 75-6102; K.S.A. 75-6103; K.S.A. 1988 Supp. 75-6108; K.S.A. 75-6109; K.S.A. 1988 Supp. 76-711; 76-712.
Author: Robert T. Stephan
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Languages : en
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Faculty members of the Kansas college of technology (KCT) who instruct maintenance and flight courses in the aeronautical training programs at KCT are employees of a governmental entity for purposes of the tort claims act. Instructors who maintain or pilot planes for other state agencies may be deemed employees of such other state agencies if acting in their service in an official capacity. Cited herein: K.S.A. 1988 Supp. 75-6102; K.S.A. 75-6103; K.S.A. 1988 Supp. 75-6108; K.S.A. 75-6109; K.S.A. 1988 Supp. 76-711; 76-712.
Author: Robert T. Stephan
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Languages : en
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No person who has declared and retains a political party affiliation in accordance with K.S.A. 25-3301 is eligible to accept an independent nomination for office. A person who is affiliated with a political party may, 14 days prior to the primary election, change the person's party or voter affiliation. If the person timely changes to an unaffiliated status, the person may accept an independent nomination provided the independent nomination petitions are properly filed pursuant to K.S.A. 1991 Supp. 25-305, as amended by 1992 House Bill No. 3213. A person who files as a partisan candidate in the primary election and who maintains such candidacy may not file as an independent candidate in the general election immediately following. A person who has filed as a partisan candidate in a primary election may, after withdrawing such candidacy and timely changing to an unaffiliated status, file as an independent candidate in the general election. The United States District Court for the district of Kansas has determined that K.S.A. 1991 Supp. 25-303, as amended by 1992 Senate Bill No. 789 requires only that signers of independent nomination petitions reside in the same county and election district of the office sought. This requirement does not restrict circulators to their home county and election district. The circulators may seek signatures anywhere in the state, but the signers must reside in the same county and election district as the circulators. While a qualified elector who is circulating an independent nomination petition is restricted to collecting signatures of those persons residing in that area intersected by the county and the election district in which the qualified elector resides, the candidate may collect signatures of persons residing anywhere within the election district. Cited herein: K.S.A. 1991 Supp. 25-202; 25-303, as amended by 1992 Senate Bill No. 789; 25-305, as amended by 1992 House Bill No. 3213; K.S.A. 25-3301; K.S.A. 1991 Supp. 25-3304; K.S.A. 25-303 (Ensley 1988); L. 1989, ch. 106, section 2; L. 1988, ch. 119, section 1.
Author: Robert T. Stephan
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Languages : en
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The doctrine of incompatibility of offices precludes one person from holding the office of reserve police officer while at the same time serving as a city council member in a city of the second class having the mayor-council form of government. However, as stated in Attorney General Opinion No. 81-74, a person could hold the office of council member and still serve as a member of a volunteer fire department, as such volunteers are neither officers nor employees of the city for the purposes of the doctrine.
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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K.S.A. 19-723, which authorizes the board of county commissioners to employ an additional attorney to assist the county attorney, involves a discretionary power held by the board and does not mandate such special assistant be employed. Cited herein: K.S.A. 19-723, G.S. 1949, 19-718.
Author: Curt Thomas Schneider
Publisher:
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Category :
Languages : en
Pages : 2
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A Supply House Dealer or Teacher Demonstrator must purchase a five-day temporary permit if the viewer must either pay a fee or buy a set amount of products in order to view said demonstration.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions which are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 39-1401 e̲t̲ s̲e̲q̲. confidentiality provisions do not prohibit due process procedures, but such procedures are not absolutely mandated if the placement of a name on a list by the State Department of Social and Rehabilitation Services pursuant to K.S.A. 39-1401 e̲t̲ s̲e̲q̲. does not threaten or cause the loss of a constitutionally protected interest in liberty or property. Cited herein: K.S.A. 38-1523 (Ensley 1986); 39-938; 39-1401; 39-1404; 39-1422; K.S.A. 1988 Supp. 65-516; K.S.A. 65-3508; K.A.R. 30-51-1; U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Languages : en
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Gross operating revenue," as that term is used in 1989 House Bill No. 2502, includes revenue received from transactions other than title insurance. For purposes of determining whether 20% of gross operating revenue received in the previous six months is derived from controlled business, revenue received from transactions involving land sales in counties populated by 10,000 or less is not included. Since the prohibitions contained in the act do not substantially impair obligations under existing title insurance contracts, the act does not violate the contracts clause of the United States Constitution. The distinction between counties having a population of 10,000 or less and those having a population of more than 10,000 does not create an impermissible classification. Finally, the rule-making authority granted by the act does not conflict with the statute granting rulemaking authority in areas not affected by the act. Cited herein: K.S.A. 40-1111, as amended by L. 1988, ch. 156, section 19; K.S.A. 40-2404 (Ensley 1986); K.S.A. 1988 Supp. 40-2404, as amended by 1989 House Bill No. 2502; K.S.A. 40-2404a; K.A.R. 40-3-43 (Proposed, not yet published); U.S. Const. Art. I, section 10, cl. 1.
Author: Robert T. Stephan
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Languages : en
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Property seized from a pawnbroker and held by law enforcement officials for use as evidence in a criminal proceeding is regarded as being in c̲u̲s̲t̲o̲d̲i̲a̲ l̲e̲g̲i̲s̲ and subject to the court's order as to the disposition thereof in the same proceeding. If the property is identified as being stolen, it is the duty of the court and the state to see that the property is restored to its rightful owner at the earliest opportunity. However, the due process rights of the pawnbroker must be respected, W̲o̲l̲f̲e̲n̲b̲a̲r̲g̲e̲r̲ ̲v̲.̲ ̲W̲i̲l̲l̲i̲a̲m̲s̲, 774 F.2d 358 (10th Cir. 1985), and the Court should provide the pawnbroker with notice and opportunity to be heard before releasing property to the apparent owner. Cited herein: K.S.A. 1988 Supp. 22-2512.
