Attorney General Opinion No. 2016-016

Attorney General Opinion No. 2016-016 PDF Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 6

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Synopsis: In the absence of a requisite showing that a county has a special need to conduct random drug testing of all county employees, a county's personnel policy and procedure requiring random drug testing would violate the Fourth Amendment to the United States Constitution and ʹ 15 of the Bill of Rights of the Constitution of the State of Kansas. A board of county commissioners does not have legal authority to subject a county clerk, county treasurer, county sheriff or county register of deeds to personnel policies and procedures requiring random drug testing. Cited herein: K.S.A. 2016 Supp. 19-101a; K.S.A. 19-302; 19-503; 19-805; 19-1202; Kan. Const., Bill of Rights, ʹ 15; U.S. Const., Amend. 4.

Attorney General Opinion No. 2016-016

Attorney General Opinion No. 2016-016 PDF Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 6

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Synopsis: In the absence of a requisite showing that a county has a special need to conduct random drug testing of all county employees, a county's personnel policy and procedure requiring random drug testing would violate the Fourth Amendment to the United States Constitution and ʹ 15 of the Bill of Rights of the Constitution of the State of Kansas. A board of county commissioners does not have legal authority to subject a county clerk, county treasurer, county sheriff or county register of deeds to personnel policies and procedures requiring random drug testing. Cited herein: K.S.A. 2016 Supp. 19-101a; K.S.A. 19-302; 19-503; 19-805; 19-1202; Kan. Const., Bill of Rights, ʹ 15; U.S. Const., Amend. 4.

Attorney General Opinion No. 2014-016

Attorney General Opinion No. 2014-016 PDF Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 2

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"Synopsis: An ordinary ordinance may include a contingency. The "day" of the contingency may be stated as a specific calendar day or the occurrence of an action or event. Cited herein: K.S.A. 2014 Supp. 12-3007."

Attorney General Opinion No. 2016-015

Attorney General Opinion No. 2016-015 PDF Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 8

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Synopsis: A state university may not ban concealed carry within a university building by designating the entire building as a restricted access building. The Personal and Family Protection Act (PFPA) only allows employees and persons who obtain authorization pursuant to K.S.A. 2016 Supp. 75- 7c20(d)(2)(A) through (C) to enter a state or municipal building through a restricted access entrance without passing through security measures at public entrances. A state university may adopt rules governing the manner in which concealed handguns are carried within university buildings. Cited herein: K.S.A. 2015 Supp. 75-7c20; K.S.A. 2016 Supp. 75-7c01; 75-7c10; 75-7c17; 75-7c20; K.A.R. 16-11-7.

Attorney General Opinion No. 2018-016

Attorney General Opinion No. 2018-016 PDF Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 6

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Synopsis: K.S.A. 2018 Supp. 25-2711 does not abridge the freedom of speech and, therefore, is not subject to scrutiny under the First Amendment of the United States Constitution. Cited herein: K.S.A. 2018 Supp. 25-2711; U.S. Const., Amend. I, U.S. Const., Amend. XIV; Kan. Const., Bill of Rights, Sec. 11.

Attorney General Opinion No. 1983-016

Attorney General Opinion No. 1983-016 PDF Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

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The filing deadline for all city elections (in the absence of a charter ordinance providing otherwise) is 12:00 o'clock noon of the Tuesday preceding by 10 weeks the first Tuesday in April. Said deadline is mandatory, and the only recourse for a candidate, who was prevented from filing for a city office because of the failure of the city clerk to keep his or her office open until 12:00 o'clock noon on the prescribed date, is to seek relief from a court of law. Cited herein: K.S.A. 25-2109, as amended by L. 1982, ch. 157, section 6.

Attorney General Opinion No. 1988-016

Attorney General Opinion No. 1988-016 PDF Author: Robert T. Stephan
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ISBN:
Category :
Languages : en
Pages :

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State regulation of hazardous materials must not be inconsistent with federal law. Local legislation regulating hazardous waste must not be inconsistent with state and federal law. Thus, a county ordinance prohibiting a hazardous waste incinerator within the county's borders would not be a valid exercise of home rule powers, and a popular vote of local electors may not be required prior to granting a permit to a hazardous waste treatment facility. State regulation of hazardous materials must not be inconsistent with federal law. Local legislation regulating hazardous waste must not be inconsistent with state and federal law. Thus, a county ordinance prohibiting a hazardous waste incinerator within the county's borders would not be a valid exercise of home rule powers, and a popular vote of local electors may not be required prior to granting a permit to a hazardous waste treatment facility. State requirements may be more stringent than those imposed by federal law, as long as the state law is consistent with federal law. The proximity of a natural area or endangered species habitat is a factor to be considered in granting a facility permit. A state may prohibit siting a facility in close proximity to such an area or habitat, subject to constitutional considerations. The state may not place a surcharge or ban on incineration of out-of-state waste. Cited herein: K.S.A. 1987 Supp. 19-101a; K.S.A. 32-501; 32-506; 65-3430; 65-3433; 65-3434; K.S.A. 1987 Supp. 65-3436; K.S.A. 65-3438; 74-6601; 74-6603; 74-6604; 74-6607; 74-6609; 76-338; U.S. Const., Art. I, section 8, cl. 3; 42 U.S.C. sections 6901; 6926(b); 6929; 9601, 9614 (1986); 49 U.S.C. sections 1801; 1805; 1811 (1986); 40 C.F.R. section 271.4 (1986).

Chapter 16

Chapter 16 PDF Author:
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Category :
Languages : en
Pages :

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Opinions of the Attorney General of Ohio

Opinions of the Attorney General of Ohio PDF Author: Ohio. Attorney General's Office
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 808

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Attorney General Opinion No. 2016-021

Attorney General Opinion No. 2016-021 PDF Author: Derek Schmidt
Publisher:
ISBN:
Category :
Languages : en
Pages : 9

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Synopsis: Pursuant to K.S.A. 2016 Supp. 65-448, the victim or any law enforcement officer with the written consent of the reported victim may request a sexual assault examination and collection of a sexual assault kit for the purpose of gathering evidence of the enumerated crimes. The county where the alleged offense was committed is the responsible party to pay for such examination and sexual assault collection kit but may seek reimbursement as court costs from the convicted defendant for the costs paid by the county. In order to verify the validity of an invoice from the hospital or medical care facility, the county may request non-individually identifiable information associated with the victim to establish a sexual assault examination was conducted and a sexual assault kit was collected pursuant to K.S.A. 2016 Supp. 65-448. A minor, by statute, is competent to give or refuse consent for a sexual assault examination and collection of a sexual assault kit for the purpose of gathering evidence of the enumerated crimes. The hospital or medical care facility shall give written notice to the parent or guardian of a minor that such an examination has taken place even when the parent or guardian is the alleged assailant. Cited herein: K.S.A. 2016 Supp. 21-5107; 21-5503; 21-5504; 21-5506; 21-5604; K.S.A. 38-101; 38-108; 38-122; K.S.A. 38-123; 38-123b; 59-2949; K.S.A. 2016 Supp. 65-448; K.S.A. 65-2892; 65-2892a; K.S.A. 2016 Supp. 65-6704; and 74-7333.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
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.