Attorney General Opinion No. 1981-067 PDF Download

Author: Robert T. Stephan
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Languages : en
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Nothing in the regulations affecting adult care homes promulgated by the department of health and environment requires adult care home owner-licensees or members of corporate boards of directors of adult care homes to supply their social security identification numbers or dates of birth to the department. Cited herein: K.S.A. 1980 Supp. 39-931, 39-931a, K.S.A. 39-932, K.A.R. 28-39-3, 28-39-33, 28-39-62.

Author: Robert T. Stephan
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Languages : en
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If the physician on duty at a treatment facility believes a person who is detained pursuant to K.S.A. 1981 Supp. 59-2908(b) to be a mentally ill person, but the treatment facility will not admit such person, the peace officer who has taken the person into custody is responsible for transporting the suspected mentally ill person to a "suitable place" of detention, even if the only suitable place available is outside the officer's normal territorial jurisdiction. Cited herein: K.S.A. 22-2401a, 59-2902, K.S.A. 1981 Supp. 59-2908.

Author: Robert T. Stephan
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Languages : en
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Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.

Author: Robert T. Stephan
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Languages : en
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Unlike Kansas cities and counties which exercise constitutional or statutory "home rule" powers, school districts are creatures of statute and, as such, enjoy only those powers expressly conferred, by law, together with those implied powers which are necessary for the effective exercise and discharge of the powers and duties expressly conferred. No statutory authority exists, either expressly conferred or necessarily implied, authorizing the expenditure of school districts funds to contribute to a lobbying effort on a proposed state-wide severance tax. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-101c, 72-1612, 72-1623, 72-5326, 72-8205, Kan. Const., Art. 12, section 5.

Author: Robert T. Stephan
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Languages : en
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A county election officer has no authority to determine the sufficiency of the question stated in the petition for elections but such officer may find a petition insufficient for failure to include an individual date line for each petitioner signing. Cited herein: K.S.A. 25-3601, K.S.A. 1980 Supp. 25-3602, Kan. Const., Art. 12, section 5.

Author: Robert T. Stephan
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Languages : en
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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: 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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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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Where several governmental entities have constructed a building for their joint use under an interlocal agreement, and each such entity has authority to establish its own building fund to provide for the replacement of the roof on such building, the agreement may be amended to establish a joint building fund for such purpose. However, where each party to the agreement has discretionary investment powers regarding moneys in its own fund which differ from those of the other parties, the creation of a joint fund and the investment of moneys therein may constitute an improper delegation of each party's separate authority. Such problem may be avoided if each party establishes its own building fund and the interlocal agreement amended to require that moneys in these respective funds be turned over to the administrative entity created by the agreement when needed. Cited herein: K.S.A. 12-1675, 12-1736, 12-1737 (as amended by L. 1981, ch. 173, section 23), 12-2901, K.S.A. 1980 Supp. 12-2904, K.S.A. 19-15,114, 19-15,115, K.S.A. 1980 Supp. 19-15,116, K.S.A. 72-8801 (as amended by L. 1981, ch. 286, section 2), 72-8804 (as amended by L. 1981, ch. 286, section 23), 79-2934.

Author: Robert T. Stephan
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Languages : en
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The statutory requirements for the execution of deeds and other instruments for the conveyance of a corporation's real property or an interest therein are prescribed by K.S.A. 17-6003(g). As long as there is compliance with such requirements, provisions in the corporation's bylaws requiring execution of such instruments by officers of the corporation in addition to those specified in said statute are permissible. However, failure to comply with these bylaw requirements does not, as a general rule, affect the validity of a conveyance made in compliance with the statutory requirements. Cited herein: K.S.A. 17-6003, K.S.A. 1980 Supp. 17-6009, G.S. 1868, ch. 23, section 38.