Attorney General Opinion No. 1993-045

Attorney General Opinion No. 1993-045 PDF Author: Robert T. Stephan
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Languages : en
Pages :

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Book Description
The cash basis and budget laws apply only to subdivisions of the state authorized by law to raise money by taxation. A board of directors of a city library established pursuant to K.S.A. 12-1219 et seq. has no authority to raise money by tax; therefore, the fiscal affairs of such board are not subject to either the cash basis or budget laws. Cited herein: K.S.A. 10-1101; 10-1102; 10-1103; 10-1113; 12-1219; 12-1220; 12-1225; 79-2925.

Attorney General Opinion No. 1993-044

Attorney General Opinion No. 1993-044 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
With one limited and inapplicable exception, Congress has preempted the area of railroad safety including drug testing. Accordingly, state and local law enforcement officials may not conduct drug testing of railroad employees following a grade crossing accident. Cited herein: U.S. Const., art. VI, cl. 2; 45 U.S.C. sec. 421, 434.

Attorney General Opinion No. 1993-126

Attorney General Opinion No. 1993-126 PDF Author: Robert T. Stephan
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Languages : en
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A city is only required to make available to the public those records that it makes, maintains, keeps or possesses. A city is not required to prepare a report or conduct an investigation in response to a request for information. A city may charge reasonable fees for providing access to or furnishing copies of public records pursuant to K.S.A. 45-219. Cited herein: K.S.A. 45-216; K.S.A. 1992 Supp. 45-217; K.S.A. 45-219; K.S.A. 45-220.

Attorney General Opinion No. 1993-009

Attorney General Opinion No. 1993-009 PDF Author: Robert T. Stephan
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Languages : en
Pages :

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Book Description
The incident based reporting system code sheet is a public record that must be disclosed by law enforcement agencies upon request. Cited herein: K.S.A. 45-216; K.S.A. 1992 Supp. 45-217; K.S.A. 45-218; K.S.A. 1992 Supp. 45-221; 22-4701; K.S.A. 22-4707.

Attorney General Opinion No. 1993-029

Attorney General Opinion No. 1993-029 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
It is our opinion that the offices of councilperson for a city of the second class and trustee for the city hospital are incompatible. The common law doctrine of incompatibility of offices precludes a person from concurrently serving in both offices. Cited herein: K.S.A. 14-109; 14-204; 14-205; 14-601; 14-604; 14-605; 14-606; K.S.A. 14-602 (Weeks 1935).

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
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.

Attorney General Opinion No. 1993-055

Attorney General Opinion No. 1993-055 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
The Kansas open records act (KORA) requires public records to be disclosed upon request unless a law permits or requires closure of a specific public record. A settlement agreement entered into by a city meets the definition of a public record, and is subject to the KORA. There is no exemption provision allowing the settlement agreement to be confidential under the KORA. It is our opinion that a contractual term attempting to close the conditions of the settlement is void as against public policy. The Kansas open meetings act (KOMA) declares as the policy of this state that meetings for the conduct of governmental affairs and the transaction of governmental business be open to the public. Based on this policy, no binding action shall be taken during closed executive sessions. A city may not take binding action on a settlement agreement during executive session. Cited herein: K.S.A.45-215; 45-216; K.S.A. 1992 Supp. 45-217; 45-221; K.S.A. 75-4317; K.S.A. 1992 Supp. 75-4319.

Attorney General Opinion No. 1993-132

Attorney General Opinion No. 1993-132 PDF Author: Robert T. Stephan
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Languages : en
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Any information maintained and kept by a public agency is considered part of the public record, irrespective of the original source of the information or the purposes of record keeping. Insurance information in the possession of the division of vehicles is part of a public record. The division of vehicles is required by statute to charge a fee for disclosing information concerning the insurance coverage of any licensed driver. However, a data processor, under contract, is not seeking to inspect or to obtain copies of public records; its sole purpose is to manipulate the database and develop new programs for easier access. Therefore, such an entity is not a requester of public records within the meaning of the KORA and the department of revenue is not required to charge the entity pursuant to the KORA or other statutes listed herein. Citedherein: K.S.A. 1992 Supp. 45-217; K.S.A. 45-219; 74-2012; 74-9301; 74-9302; 74-9304.

Attorney General Opinion No. 1993-103

Attorney General Opinion No. 1993-103 PDF Author: Robert T. Stephan
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Languages : en
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Court records of public judicial proceedings are exempt from the definition of criminal history record information under K.S.A. 1992 Supp. 22-4701(b)(3). The sentencing information and guilty or not guilty findings are part of the court records and therefore open to the public, unless there is other statutory restriction available to close them. Cited herein: K.S.A. 1992 Supp. 21-4605; 22-4701; K.S.A. 22-4705; 22-4712 (repealed, L. 1981, ch. 158, sec. 3); K.S.A. 1992 Supp. 38-1507; 38-1607, as amended by L. 1993, ch. 164, sec. 1; K.S.A. 45-215; K.S.A. 1992 Supp. 59-2122; K.S.A. 65-4608.

Attorney General Opinion No. 1993-005

Attorney General Opinion No. 1993-005 PDF Author: Robert T. Stephan
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Category :
Languages : en
Pages :

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Book Description
As used in K.S.A. 1991 Supp. 74-7301, personal injury means an injury affecting one's physical and mental person; an injury giving rise to a personal action at law. Cited herein: K.S.A. 1991 Supp. 74-7301.