Attorney General Opinion No. 1994-138 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Townships have been granted authority pursuant to K.S.A. 1993 Supp. 79-5036(c) to exempt themselves entirely from the provisions of the aggregate tax levy limit law, K.S.A. 79-5021 to 79-5033, or to modify the provisions of those statutes, subject to petition and referendum. However, townships do not have general home rule authority and therefore may not effect changes in statutes other than K.S.A. 79-5021 to 79-5033. Cited herein: K.S.A. 19-101b; K.S.A. 1993 Supp. 79-5022; 79-5028; 79-5036.
Author: Robert T. Stephan
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Languages : en
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Townships have been granted authority pursuant to K.S.A. 1993 Supp. 79-5036(c) to exempt themselves entirely from the provisions of the aggregate tax levy limit law, K.S.A. 79-5021 to 79-5033, or to modify the provisions of those statutes, subject to petition and referendum. However, townships do not have general home rule authority and therefore may not effect changes in statutes other than K.S.A. 79-5021 to 79-5033. Cited herein: K.S.A. 19-101b; K.S.A. 1993 Supp. 79-5022; 79-5028; 79-5036.
Author: Robert T. Stephan
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Languages : en
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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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With regard to appraisal information contained in questionnaires provided to a county appraiser by property owners, if disclosure is requested during the course of an administrative proceeding or on appeal from agency action, then the county appraiser's office must comply with the request and disclose the records on individually owned real property. However, in other cases, identifying portions of the questionnaires such as the name, address, and phone numbers of the owner and financial information of a taxpayer should be deleted before the disclosure of any remaining portions. Cited herein: K.S.A. 45-216; 45-217, as amended by L. 1994, ch. 293, sec. 4; 45-221, as amended by L. 1994, chs. 89, 101, 107, 138; K.S.A. 79-1458.
Author: Robert T. Stephan
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Languages : en
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An individual county commissioner is not given statutory authority to unilaterally exercise the powers of the commission and examine personnel records, which otherwise are not open for public inspection. However, the board of county commissioners may inspect county personnel records if appropriate actions are taken as a board at an open meeting. Cited herein: K.S.A. 19-103; 19-208; 19-212; 45-216; 45-221, as amended by L. 1994, ch. 89, sec. 5, ch. 101, sec. 2, ch. 107, sec. 8, and ch. 138, sec. 28.
Author: Virginia. Office of the Attorney General
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Category : Attorneys general's opinions
Languages : en
Pages : 620
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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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Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.
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.
Author: Robert T. Stephan
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Languages : en
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Under its police power, a state may reimburse itself for the cost of regulating and supervising a business by assessing the necessary expenses to the business which created the necessity for such regulation and supervision. Use of conservation fee fund monies for the prevention and cleanup of pollution from oil and gas activities regulated by the state corporation commission is sufficiently related to the regulatory function to make its use for such purposes a valid exercise of the police power. The conservation fee fund may be used to fund the study and cleanup of oil and gas pollution pursuant to section 37 of 1986 House Bill No. 3078 (K.S.A. 55-143, as amended by 1986, ch. 201, section 37), to the extent that such study and cleanup are reasonably related to those activities of the oil and gas industry which are regulated by the commission. Use of the conservation fee fund by the state corporation commission for those oil and gas activities it does not regulate (as authorized by K.S.A. 55-143, as amended by L. 1986, ch. 201, section 37, which references subsection (a)(2)(A)-of K.S.A. 65-171d, as amended by L. 1986, ch. 201. section 22), is contrary to the findings of the Kansas Supreme Court in P̲a̲n̲h̲a̲n̲d̲l̲e̲ ̲E̲a̲s̲t̲e̲r̲n̲ ̲P̲i̲p̲e̲l̲i̲n̲e̲ ̲v̲.̲ ̲F̲a̲d̲e̲l̲e̲y̲. Such use exacts revenue from the oil and gas industry under the guise of a regulatory fee in violation of article 11, section 1 of the Kansas Constitution, and the commerce clause and the Fourteenth Amendment of the United State Constitution. Cited herein: Kans. Const., Art. 11, section 1; U.S. Const., Fourteenth Amendment; K.S.A. 55-131; 55-143; 65-171d, as amended by L. 1986, ch. 33, section 10(f); L. 1986, ch. 201, sections 1, 2, 10, 17, 22, 28, 37, 39 and 40; and K.A.R. 28-41-1.
Author: Carla J. Stovall
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Languages : en
Pages :
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The Kansas department of transportation is required to disclose records regarding the western leg of the south Lawrence trafficway as requested by a Kansas citizen since formal contracts have been executed for that portion of the trafficway. This is true regardless whether contracts for the eastern leg of the trafficway have been completed. Although some portions of the records requested may fall under the exceptions enumerated in K.S.A. 45-221, the department must separate or delete them and disclose the remaining information. Cited herein: K.S.A. 45-216; 45-217, as amended by L. 1994, ch. 293, section 4; 45-221, as amended by L. 1994, chs. 89, 101, 107, 138.
