Attorney General Opinion No. 1981-010 PDF Download

Author: Robert T. Stephan
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Languages : en
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The election to determine whether the number of county commissioner districts will be changed is a general election held on the Tuesday succeeding the first Monday in November on even-numbered years. Cited herein: K.S.A. 1980 Supp. 19-204, 25-101, K.S.A. 25-2501, 25-2502, 25-2507, K.S.A. 1980 Supp. 25-3901, K.S.A. 77-201, T̲w̲e̲n̲t̲y̲-̲S̲i̲x̲t̲h̲, K̲a̲n̲.̲ C̲o̲n̲s̲t̲.̲, Art. 4, Sec. 2. (Affirming Attorney General Opinion No. 80-181.).

Author: Robert T. Stephan
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Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 1980 Supp. 40-1707 provides for the payment of pensions to employees of fire departments who are unfit for service after having worked at least 20 years for the department. While such pension plans may be modified in certain respects prior to the actual retirement of a covered member, following such retirement no modification of terms or conditions may be made, except for administrative alterations which do not impair the vested rights of the member. Any attempt to do so would be ineffective as a violation of the contract clause of the United States Constitution, Art. I, section 10. Cited herein: K.S.A. 1980 Supp. 12-1675, 40-1703, 40-1706, 40-1707, U.S. Const., Art. I, section 10.

Author: Robert T. Stephan
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Languages : en
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The Reports of the decisions of the Kansas Supreme Court and Court of Appeals may be copyrighted as compilations. However, any such copyright cannot cover the opinions of the judges and justices or other material prepared by them in the discharge of their judicial duties. The copyright protection afforded the Reports is limited to the Appellate Reporter's own work and labor in the production of the Reports. The publication of advance sheets without copyright notice under copyright laws existing prior to January 1, 1978, resulted in forfeiture of the copyright on the material contained therein, which cannot be revived by subsequent publication in copyrighted volumes of the Reports. However, the publication of advance sheets without copyright notice after that date under current copyright laws does not constitute a forfeiture, and the works are protected from infringement as long as they are properly registered within five years after first publication. Neither one of these circumstances affects the validity of the copyright of the Reports as a compilation of preexisting material, but the copyright can only cover new and original material contributed by the reporter. The use made of the Reports by West Publishing Company and K-Bar Research, Inc., pursuant to licensing agreements, has not resulted in forfeiture of the copyright protection afforded the Reports. Cited herein: K.S.A. 20-206, K.S.A. 1980 Supp. 20-211, 17 U.S.C.A. sections 1, 3, 10, 19, 102, 103, 106, 405, P.L. 94-553, U.S. Const., Art. I, section 8.

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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The term "revenues" as is found in K.S.A. 12-1743 refers to revenues derived by a city under a lease agreement covering facilities constructed or improved under the Industrial Revenue Bond Law (K.S.A. 12-1740 e̲t̲ s̲e̲q̲.). The term "net earnings," as used in K.S.A. 12-1744, refers to revenues received by the city by virtue of such lease agreement. The provisions of K.S.A. 12-1740 e̲t̲ s̲e̲q̲. do not require by implication or otherwise that, as a condition for issuance of industrial revenue bonds, there be a determination by the city that the tenant industry will realize income and revenues solely from its operation of the facilities in amounts adequate to fulfill its obligation to pay the installments of rent and other charges required under a lease agreement. K.S.A. 12-1743 does not require that rental payments specified in a lease agreement bear a relationship to the fair market rental value of the facilities acquired or constructed from the bond proceeds. K.S.A. 12-1743 provides that all details pertaining to the issuance of industrial revenue bonds and the terms and conditions thereof shall be determined by ordinance of the city. An ordinance issued pursuant to K.S.A. 12-1743 may be adopted by a city even though there is no reasonable expectation that the tenant will realize sufficient income solely from its operation of the tenant industry sufficient to meet its obligations under the lease. A city may, pursuant to K.S.A. 12-1743, determine by ordinance and authorize the issuance of term bonds maturing in one or more installments. Cited herein: K.S.A. 10-103, 12-1740, 12-1743, 12-1744, 12-1749a, K.S.A. 1980 Supp. 10-103.

Author: Robert T. Stephan
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Languages : en
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A watershed district organized pursuant to K.S.A. 24-1201 e̲t̲ s̲e̲q̲. is a body corporate and politic, and has among its enumerated powers the ability to sell land and execute the necessary contracts therefor. Insofar as a sale of land on contract advances the purposes of the district and is otherwise properly made, such a sale is binding on the successors to the present board and does not violate either the Cash Basis Law (K.S.A. 10-1101 e̲t̲ s̲e̲q̲.) or any other Kansas statutes. Cited herein: K.S.A. 10-1101, 24-1201, K.S.A. 1980 Supp. 19-211, 24-1209.

Author: Robert T. Stephan
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Languages : en
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There are no statutory obstacles to an election commissioner also holding the office of mayor of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude such simultaneous incumbencies.

Author: Robert T. Stephan
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The provisions of the Kansas Open Meetings Law preclude the election of the acting president of the City Council of Merriam by secret ballot. Cited herein: K.S.A. 1980 Supp. 75-4318.

Author: Robert T. Stephan
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K.S.A. 19-723, which authorizes the board of county commissioners to employ an additional attorney to assist the county attorney, involves a discretionary power held by the board and does not mandate such special assistant be employed. Cited herein: K.S.A. 19-723, G.S. 1949, 19-718.