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Author: Carla J. Stovall
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Languages : en
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The Kansas cash-basis law does not prohibit a unified school district from establishing an early retirement incentive program which outlines payment of pension benefits over a period exceeding one fiscal year, provided the obligation to pay the pension benefits is subject to the occurrence of a contingency. Because the legislature has not established a time frame for extended, sabbatical, and other leave, the length of time permitted for such leave will be governed by the terms of the agreement entered into by the board of education and the teacher or administrator. No one has been given the legal obligation of providing KPERS with notice at the time a retirant has reached the earnings limitation set forth in K.S.A. 1994 Supp. 74-4914. An employee of a unified school district gains through continued service to the school district certain vested rights in the early retirement incentive program established by the school district. Such rights are afforded the protection of the contract clause of the United States constitution and may not be retroactively changed in a substantial manner by the unified school district. Cited herein: K.S.A. 1994 Supp. 10-1101; K.S.A. 10-1113; 10-1119; K.S.A. 1994 Supp. 72-5395; K.S.A. 72-5397; 72-5410; 72-5411; 72-5412; 72-5413; 72-5414; 72-5436; 72-5451; 72-9001; K.S.A. 1994 Supp. 74-4902; 74-4914; K.S.A. 74-4924; K.S.A. 1994 Supp. 77-415; L. 1980, ch. 220, section 1; U.S. Const., art. 1, section 10.
Author: Carla J. Stovall
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Languages : en
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The Kansas cash-basis law does not prohibit a unified school district from establishing an early retirement incentive program which outlines payment of pension benefits over a period exceeding one fiscal year, provided the obligation to pay the pension benefits is subject to the occurrence of a contingency. Because the legislature has not established a time frame for extended, sabbatical, and other leave, the length of time permitted for such leave will be governed by the terms of the agreement entered into by the board of education and the teacher or administrator. No one has been given the legal obligation of providing KPERS with notice at the time a retirant has reached the earnings limitation set forth in K.S.A. 1994 Supp. 74-4914. An employee of a unified school district gains through continued service to the school district certain vested rights in the early retirement incentive program established by the school district. Such rights are afforded the protection of the contract clause of the United States constitution and may not be retroactively changed in a substantial manner by the unified school district. Cited herein: K.S.A. 1994 Supp. 10-1101; K.S.A. 10-1113; 10-1119; K.S.A. 1994 Supp. 72-5395; K.S.A. 72-5397; 72-5410; 72-5411; 72-5412; 72-5413; 72-5414; 72-5436; 72-5451; 72-9001; K.S.A. 1994 Supp. 74-4902; 74-4914; K.S.A. 74-4924; K.S.A. 1994 Supp. 77-415; L. 1980, ch. 220, section 1; U.S. Const., art. 1, section 10.
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: 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: Carla J. Stovall
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Languages : en
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The term "counsel" as used in K.S.A. 72-5453 includes an attorney or lawyer. Cited herein: K.S.A. 72-5451; 72-5453.
Author: Robert T. Stephan
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Languages : en
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The national trails system act, 16 U.S.C. section 1247(d), enacted to preserve established railroad rights-of-way for future reactivation of rail service, authorizes the interstate commerce commission (ICC) to permit such rights-of-way to be used on an interim basis as recreational trails. In lieu of abandonment the ICC may approve the railroad right of way as an interim trail if the request is made before abandonment of the line has been consummated and if the trail use group reaches an agreement with the railroad company. If no agreement is reached and the ICC approves the abandonment, state law governs the disposition of the abandoned railroad property. Cited herein: K.S.A. 1993 Supp. 66-525; 16 U.S.C. sec. 1241; 49 U.S.C. section 10903; 49 C.F.R. section 1152.29.
Author: Carla J. Stovall
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Languages : en
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The small claims procedure act, which prohibits attorney representation except in limited circumstances, abrogates the common law principle that corporations may appear in court only through an attorney. While corporate representatives may participate in small claims matters, they may not practice law. Cited herein: K.S.A. 61-2703; 61-2704; 61-2705; 61-2707; 61-2712; 61-2713; 61-2714.
Author: Carla J. Stovall
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Languages : en
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It is our opinion that county home rule authority may be utilized to impose a severance tax on rock removed from land located in a county. We do not find any uniformly applicable law preempting local legislation of this type and it is therefore our opinion that K.S.A. 1994 Supp. 19-101a allows the county to impose such a tax. Cited herein: K.S.A. 19-101; K.S.A. 1994 Supp. 19-101a; K.S.A. 19-101c; 19-117; 49-601; 49-603; 49-623; 79-201e; 79-310; 79-401; 79-420; K.S.A. 1994 Supp. 79-4216; 79-4217; K.S.A. 82a-301; 82a-305a; 82a-702.
Author: Robert T. Stephan
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Languages : en
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The city of Wellington may charter out of K.S.A. 14-604 and 14-605 because those provisions are not uniformly applicable to all cities. Furthermore, assuming a charter ordinance is enacted which provides for the appointment of members of the board of trustees by the mayor or council, the present members who were elected by the citizens have no property right in the office they hold and, consequently, the due process provisions of the fourteenth amendment to the United States constitution and the Kansas bill of rights do not apply. Cited herein: K.S.A. 14-604; 14-605; 14-633; 14-641; 14-644; 14-655; 14-662; 14-669; 14-678; 14-685; Kan. Const., Bill of Rights, sec. 1; art. 12, sec. 5; U.S. Const., amend. XIV.
Author: Carla J. Stovall
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Languages : en
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Provided the rights of any other parties will not be impaired, the board of trustees for a community college may rescind a resolution adopted under K.S.A. 71-501. Cited herein: K.S.A. 25-3601; 71-201; 71-501.
Author: Carla J. Stovall
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Languages : en
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A city may barricade a portion of a street without infringing upon certain property owners' rights of access if such property owners continue to have access to streets that abut their property.
