Attorney General Opinion No. 1993-055 PDF Download
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Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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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).
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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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.
Author: Robert T. Stephan
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Languages : en
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The Supreme Court nominating commission is not subject to title 7 of the civil rights act of 1964, as amended, but is subject to the Americans with disabilities act and the Kansas act against discrimination. Cited herein: K.S.A. 20-124; 20-125; 20-132; 20-137; 20-138; 20-3004; 20-3007; K.S.A. 1992 Supp. 44-1002; 44-1006; 44-1009; Kan. Const., art. 3, sec. 5; 29 U.S.C.S. sec. 630; 42 U.S.C.S. sec. 2000e; 42 U.S.C.S. sec. 2000e-2; 42 U.S.C.S. secs. 12101, 12111, 12112.
Author: Robert T. Stephan
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Languages : en
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As long as the assistant district attorney does not practice civil law when acting as a conservator, and his job as a conservator does not interfere with his ability to devote full time to his duties, he may continue in his role as a conservator. The support staff of the district attorney's office may be part of the public employer-employee relations act contracts, however, any memorandum of agreement which is entered into cannot preempt state law or the rights of the public employer listed in K.S.A. 75-4326. Cited herein: K.S.A. 22a-106; 59-3002; 75-3747; 75-4326; 75-4330.
Author: Robert T. Stephan
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Languages : en
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Persons or associations entering into an option agreement are not subject to the filing requirements of K.S.A. 1992 Supp. 16-310 or K.S.A. 16-329. Cited herein: K.S.A. 1992 Supp. 16-301; 16-310; K.S.A. 16-320; 16-329.
Author: Robert T. Stephan
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Languages : en
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The public purpose doctrine does not encompass the use of public funds to promote or advocate a governing body's position on a matter which is before the electorate. However, public funds may be expended to educate and inform regarding issues to be voted upon by the electorate.
Author: Robert T. Stephan
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Languages : en
Pages :
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A city of the first class utilizing a commission-manager form of government can use its home rule power to enact an ordinance establishing term limitations for its commissioners. Cited herein: K.S.A. 12-1001; 12-1003; 12-1005e, 12-1006; 12-1007; 12-1017; 13-1501; 13-1801; 13-1802; 13-1804; 13-1805; 13-1806; 13-1807; 13-1808; 13-1810; Kan. Const., art. 12, sec. 5.
Author: Robert T. Stephan
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Languages : en
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There is no per se rule that requires police to transport a person to an alternative site for an independent test to detect the presence of alcohol or drugs; whether the person was afforded a reasonable opportunity to obtain an independent test pursuant to K.S.A. 8-1004 will depend upon the circumstances. Furthermore, the police are not obligated to transport to sites outside the city in the absence of a showing that testing facilities in the city are inadequate. Cited herein: K.S.A. 8-1004.
