Attorney General Opinion No. 1997-052 PDF Download
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Author: Carla J. Stovall
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Languages : en
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K.S.A. 45-216(a) requires public records to be open for inspection unless the record falls within one of the exemptions listed in K.S.A. 1996 Supp. 45-221 or other applicable law. K.S.A. 1996 Supp. 45-221(a)(4) allows closure of some records concerning public employees. Under this exception, personnel/employment records identifiable to an individual public employee may be closed, except that names, positions, salaries and lengths of service of public employees are required to be disclosed. Home addresses of public employees may be closed pursuant to K.S.A. 1996 Supp. 45-221(a)(4). Alternatively, a public employee's home address is "information of a personal nature," the public disclosure of which could constitute a clearly unwarranted invasion of personal privacy, thus allowing closure under K.S.A. 1996 Supp. 45-221(a)(30). To the extent their conclusions conflict with those stated herein, Attorney General Opinions No. 89-106 and 90-136 are hereby withdrawn. Cited herein: K.S.A. 45-216; K.S.A. 45-220; K.S.A. 1996 Supp. 45-221, as amended by 1997 H.B. 2105; K.S.A. 21-3914.
Author: Carla J. Stovall
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Languages : en
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K.S.A. 45-216(a) requires public records to be open for inspection unless the record falls within one of the exemptions listed in K.S.A. 1996 Supp. 45-221 or other applicable law. K.S.A. 1996 Supp. 45-221(a)(4) allows closure of some records concerning public employees. Under this exception, personnel/employment records identifiable to an individual public employee may be closed, except that names, positions, salaries and lengths of service of public employees are required to be disclosed. Home addresses of public employees may be closed pursuant to K.S.A. 1996 Supp. 45-221(a)(4). Alternatively, a public employee's home address is "information of a personal nature," the public disclosure of which could constitute a clearly unwarranted invasion of personal privacy, thus allowing closure under K.S.A. 1996 Supp. 45-221(a)(30). To the extent their conclusions conflict with those stated herein, Attorney General Opinions No. 89-106 and 90-136 are hereby withdrawn. Cited herein: K.S.A. 45-216; K.S.A. 45-220; K.S.A. 1996 Supp. 45-221, as amended by 1997 H.B. 2105; K.S.A. 21-3914.
Author: Carla J. Stovall
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Languages : en
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K.S.A. 24-1209 authorizes a Watershed District to use funds to administer and cost-share water quality projects which include the use of buffer strips and riparian areas repair. Cited herein: K.S.A. 24-1201; 24-1209; 24-1213; K.S.A. 1997 Supp. 24-1214.
Author: Carla J. Stovall
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Languages : en
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Write-in votes are valid where such votes are permitted under the law. Because the grain commodity commission's statute is silent regarding write-in candidates, such votes are not permitted. Vacancies that may occur on a grain commodity commission for any reason should be filled by appointment of the remaining commissioners. Cited herein: K.S.A. 2000 Supp. 2-3002.
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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In our opinion, based on the facts presented, the operation of a chapel at Roselawn Memorial Park Cemetery in Salina is not contrary to the judgment affirmed in C̲o̲n̲n̲o̲l̲l̲y̲ ̲v̲.̲ ̲F̲r̲o̲b̲e̲n̲i̲u̲s̲, 2 Kan. App. 2d 18 (1978). Cited herein: K.S.A. 1988 Supp. 65-1713a; U.S. Const., First Amend.
Author: Carla J. Stovall
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Languages : en
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Subsection (c) of K.S.A. 25-4323 states that no more than one less of a majority of a local governing body may be subject to recall at the same time. The number of members serving on a three-member board who may be subject to recall at the same time is one. A local officer is subject to recall once a petition seeking recall of the officer is properly filed. If a petition seeking recall of one member of a three-member governing body has been filed with the county election officer and the county election officer has determined the petition was properly filed, a petition seeking recall of a second member may not be approved by the county election officer until after the recall election on the first member has been conducted. While a petition seeking recall of a second member of a three-member governing body may not be approved until the recall election on the first member is conducted, the petition may still be circulated. Cited herein: K.S.A. 25-4301; 25-4302, as amended by L. 1999, Ch. 105, section 8; 25-4318; 25-4322, as amended by L. 1999, Ch. 105, section 9; 25-4323; 25-4324, as amended by L. 1999, Ch. 105, section 10; 25-4326; Kan. Const., Art. 4, section 3; L. 1987, Ch. 130, section 1; L. 1978, Ch. 147, sections 2, 6; L. 1976, Ch. 178, section 26.
Author: Robert T. Stephan
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Languages : en
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The Kansas Wheat Commission may not contract for "lobbying" services. However, the Commission may contract with state or national organizations for educational services even where the educational research or product may be of incidental benefit in the lobbying activities of such organization. Cited herein: K.S.A. 2-2601, 2-2606, 46-225, 46-232.
Author: Carla J. Stovall
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Languages : en
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Pursuant to K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6, if a trial court determines that appointment of counsel is necessary to represent a convicted felon who files a petition for writ of habeas corpus challenging conditions of confinement, the appointed counsel is entitled to compensation paid by the Board of Indigents' Defense Services. Cited herein: K.S.A. 22-4501; K.S.A. 1996 Supp. 22-4503; K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6; 22-4507; 22-4522, as amended by L. 1997, Ch. 181, section 24; K.S.A. 1996 Supp. 60-1501.
Author: Robert T. Stephan
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Languages : en
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Unless and until the phrase "as long as such property is being used" is defined by the legislature or the judiciary to mean otherwise, we must defer to the director of property valuation's interpretation: property that ceases to be used may no longer be considered as commercial and industrial machinery and equipment for property tax purposes but instead falls into the catch-all class and assessed at the rate of 30% of its fair market value. Cited herein: K.S.A. 1993 Supp. 79-1404; K.S.A. 79-1439; Kan. Const., art. 11, sec. 1.
Author: Carla J. Stovall
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Languages : en
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Policy No. 50 of the Legislative Coordinating Council prohibiting the employment of Legislators' immediate family members by either house or any legislative staff agency is not facially violative of the Equal Protection Clause of the United States Constitution. Cited herein: K.S.A. 46-246a; 46-1202; 74-605; K.A.R. 19-40-4; U.S. Const., Amend. XIV.
