Attorney General Opinion No. 1994-049 PDF Download
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Author: Robert T. Stephan
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Languages : en
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K.S.A. 1993 Supp. 60-206 provides that, unless otherwise specifically provided, the computation of time amounting to greater than ten days shall be calculated using calendar days. Therefore, the suspension of sheriff's deputies, pursuant to K.S.A. 19-4327(a), shall be limited to a period not to exceed 30 calendar days. Cited herein: K.S.A. 19-4327; K.S.A. 1993 Supp. 60-206.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1993 Supp. 60-206 provides that, unless otherwise specifically provided, the computation of time amounting to greater than ten days shall be calculated using calendar days. Therefore, the suspension of sheriff's deputies, pursuant to K.S.A. 19-4327(a), shall be limited to a period not to exceed 30 calendar days. Cited herein: K.S.A. 19-4327; K.S.A. 1993 Supp. 60-206.
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: 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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A personnel policy giving employees an option to reimburse cash shortages in lieu of incurring disciplinary action is in violation of K.S.A. 44-319. Cited herein: K.S.A. 44-313; 44-319; K.A.R. 49-20-1.
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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Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.
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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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: Robert T. Stephan
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Languages : en
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Absent evidence that a newspaper acted with the specific intent to interfere with the employment or business of a person who may be subject to a sexually violent predator civil commitment proceeding, K.S.A. 21-4006 does not prohibit publication of such person's name and address. Cited herein: K.S.A. 21-4006; L. 1994, ch. 316, sec. 3; L. 1994, ch. 316, sec. 4.
Author: Carla J. Stovall
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Languages : en
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Property specifically dedicated for public use is for the enjoyment of the public at large, not for one person or a limited number of persons, or for the exclusive use of restricted groups of individuals. Such public use does not include housing the offices of private organizations that provide services to only some members of the general public. However, there may be instances where a private non-profit organization desires to use a public building located on a public square in such a manner that its use is for the general public rather than for the organization's members or some other restricted group of individuals, and such use would be permissible. Cited herein: K.S.A. 12-401; 12-406; 12-406a.
