Attorney General Opinion No. 1991-109 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Under the procedures utilized by the board of trustees for Johnson county community college for entering into contracts, the signing of the contract is a ministerial function that may be delegated to an administrative official of the community college. Cited herein: K.S.A. 1990 Supp. 71-201, as amended by L. 1991, ch. 213, section 1, K.S.A. 1990 Supp. 71-501; 72-4424.
Author: Robert T. Stephan
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Languages : en
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Under the procedures utilized by the board of trustees for Johnson county community college for entering into contracts, the signing of the contract is a ministerial function that may be delegated to an administrative official of the community college. Cited herein: K.S.A. 1990 Supp. 71-201, as amended by L. 1991, ch. 213, section 1, K.S.A. 1990 Supp. 71-501; 72-4424.
Author: Robert T. Stephan
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Languages : en
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Enforcement of the governmental ethics act against the employees of interstate agencies by criminal prosecution is not favored by the law. The terms of the interstate compact or agreement take precedence over the unilateral actions of any single member state. Cited Cited [sic] herein: K.S.A. 2-3101; 12-2514; 12-2524; K.S.A. 1990 Supp. 46-247; K.S.A. 46-215, e̲t̲ s̲e̲q̲.; 48-2001; 65-34a01; 72-6011; 79-4301; 82a-528; 82a-529; K.S.A. 1990 Supp. 74-8731; U.S. Const., Art. 1, section 10, cl. 3.
Author: Robert T. Stephan
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Languages : en
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The hiring practices of Allen county community college acknowledge that once a-teacher has been employed for the time established in K.S.A. 72-5445, as amended by L. 1992, ch. 185, S 7,the primary contract for 12 hours of teaching is subject to the teachers' continuing contract law, K.S.A. 72-5410 e̲t̲ s̲e̲q̲., and the teachers' due process, K.S.A. 72-5436 e̲t̲ s̲e̲q̲. Termination of a supplemental contract regarding coaching duties does not affect the primary contract of employment of the teacher as the teacher is permitted to continue the part-time employment as a teacher. Under such circumstances, the hiring practices of Allen county community college do not violate the teachers' continuing contract law or the teachers' due process. Cited herein: K.S.A. 1991 Supp. 71-201; K.S.A. 72-5410; 72-5411, as amended by L. 1992, ch. 20, section 1; 72-5412a; K.S.A. 1991 Supp. 72 -5413; K.S.A. 72-5436; 72-5437, as amended by L. 1992, ch. 20, section 2; 72-5445, as amended by L. 1992, ch. 185, section 7.
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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The legislature intended that the term "noneconomic loss," found in K.S.A. 1990 Supp. 65-34,126 and not otherwise defined, have the meaning commonly accorded it and as defined by case law interpreting generally similar statutes. Cited herein: K.S.A. 1990 Supp. 65-34,100; 65-34,102; 65-34,126.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1990 Supp. 46-1101 gives the legislative post auditor access to otherwise confidential or private records; K.S.A. 1990 Supp. 46-1106 requires the post auditor to comply with any "duty of confidentiality imposed by law." The Kansas open records act (KORA), K.S.A. 45-215 e̲t̲ s̲e̲q̲., requires public records to be disclosed upon request unless a law permits or requires closure of a specific public record. The record in question is a contract which was in part made by a public agency. It therefore meets the definition of a public record, and is subject to the KORA. The only provision we have located that permits or requires closure of the questioned portions of the public record is in the contract itself. Public records may not be closed by contract unless a law permits or requires closure of the specific record. As no such law has been located, with regard to the specific portions of the record in question, it is our opinion that a contractual term attempting to close this information is void as against stated public policy. Such a term must therefore be severed from the otherwise legal portions of the agreement, and disclosure of the questioned portions of the record may occur. Disclosure of other records or matters must be examined on a case by case basis to determine if there is a legal duty to disclose such records or matters. Absent a mandatory disclosure requirement, an agreement not to disclose creates a duty which post audit must respect, pursuant to K.S.A. 1990 Supp. 46-1106 (g). Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 12; K.S.A. 46-1101; K.S.A. 1990 Supp. 46-1106; 46-1108; 46-1114.
Author: Robert T. Stephan
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Languages : en
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Section 2(b)(10) of chapter 150 of the 1991 Session Laws does not preclude endorsements by a newspaper, the publisher and editor of which is a member of the commission on governmental standards and conduct. Cited herein: L. 1991, ch. 150, section 2.
Author: Robert T. Stephan
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Languages : en
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K.A.R. 74-5-103 prohibits certified public accountants (CPAs) from paying a commission to obtain a client and from accepting a commission for referring a client to products or services of others. The regulation promulgated pursuant to state authorization is immune from antitrust law challenge under the state action doctrine. Cited herein: K.S.A. 1990 Supp. 1-202.
Author: Robert T. Stephan
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Languages : en
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Members and employees of the Continuing Legal Education Commission are covered by the provisions of the Kansas Tort Claims Act, including complete immunity for the functions set out at K.S.A. 75-6104, and are entitled to a legal defense in the event they are sued for acts or omissions in the scope of their employment. Cited herein: K.S.A. 75-6101; 75-6102; 75-6104; 75-6108; 75-6109.
Author: Robert T. Stephan
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Languages : en
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K.A.R. 109-2-9 which permits the board to waive licensing requirements for ambulance services fails to set forth adequate standards to guide the board in exercising its discretion in granting licenses and is violative of due process. The regulation also is void because it permits the board to adopt binding policies affecting rights and obligations, without the formalities of publication under K.S.A. 77-415 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1991 Supp. 65-6110; 77-415; K.A.R. 109-2-9.
