Attorney General Opinion No. 1993-132 PDF Download
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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.
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.
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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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: Robert T. Stephan
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K.A.R. 28-29-62 is not beyond the statutory authority pursuant to which it is promulgated and is sufficient to allow the State Department of Health and Environment to compel compliance with its requirements.
Author: Robert T. Stephan
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A public official may not deny access to a public record unless the disclosure is prohibited by federal or state law or the record fits one of the exceptions listed in K.S.A. 45-221. Public land records are public records which do not fit any of these exceptions, and are therefore open for inspection. A custodian who relies in good faith on a certification by a requestor that the information obtained from public records will not be used in a prohibited manner is not subject to criminal charges under K.S.A. 21-3914. Therefore, a public official may not deny a requestor access to records, which are otherwise open, when the appropriate certification is submitted pursuant to K.S.A. 45-220, and the official is acting in good faith. Cited herein: K.S.A. 21-3914, as amended byL. 1994, ch. 317, sec. 1.; K.S.A. 45-217, as amended by L. 1994, ch. 293, sec. 4; 45-220; 45-221, as amended by L. 1994, chs. 89, 101, 107, 138.
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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Persons listed in K.S.A. 1992 Supp. 38-1522 are required to notify the department of social and rehabilitation services (S.R.S.), or a law enforcement agency if S.R.S. is closed, if they have reason to suspect that a child has been sexually abused regardless whether the alleged perpetrator resides in the child's home. A mandated reporter who refuses to notify S.R.S. because of a promise extracted by the victim or the victim's family violates the law and subjects himself or herself to criminal prosecution. Cited herein: K.S.A. 1992 Supp. 38-1502; K.S.A. 38-1521; K.S.A. 1992 Supp. 38-1522; 38-1523; K.S.A. 65-5810; 65-5812.
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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Judging from the facts provided, B.C. Christopher, a financial advisor, has not held itself out as an expert in the area of law and will give no advice regarding the legal rights or obligations of the school district; therefore, it is not engaged in the unauthorized practice of law. The proposal submitted by the financial advisor does not obligate the school district to use the services of the attorney selected by the financial advisor, nor does it prohibit the school district from appointing legal counsel to provide the services necessary for issuing bonds. The proposal does not result in an impermissable impediment to the on-going relationship between the school district and the district's present legal counsel. Failure by the school district to meet all statutory requirements, regardless whether the school district follows the advice of legal counsel, may affect the validity of the issuance of bonds by the school district. Cited herein: K.S.A. 72-6761; 72-8201; 72-8202e; Kan. Const., art. 3, sec. 1; D.R. 7-104; M.P.R.C. 4.2; 1992 Kan. Ct. R. Annot. 225.
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.
