Attorney General Opinion No. 1984-090 PDF Download

Author: Robert T. Stephan
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Languages : en
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A child who lives in Missouri with one of his or her parents is not assured of the right to attend public schools in Kansas even though the child's other parent is a resident of Kansas. However, the child may be granted the right to attend public school in this state. Cited herein: K.S.A. 1983 Supp. 72-1046, as amended by L. 1984, ch. 261, section 3; K.S.A. 72-1046a, as amended by L. 1984, ch. 261, section 4.

Author: Robert T. Stephan
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Languages : en
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The construction of a system of "bypass highways" is a valid exercise of Douglas County's power of local legislation or "home rule" as provided by K.S.A. 19-101 and K.S.A. 1984 Supp. 19-101a, as amended. The home rule resolution may authorize the necessary financing of the project, in part, through issuance of general obligation bonds of the county, as long as the issuance is subject to acts of the legislature prescribing a county's limit of indebtedness. K.S.A. 68-580 e̲t̲ s̲e̲q̲., which allows for the designation of "primary arterial highways" by a board of county commissioners, does not specifically address the proposed "bypass" but does provide procedures whereby the bypass project could be accomplished. However, K.S.A. 68-580 e̲t̲ s̲e̲q̲., does not prescribe the exclusive method for accomplishing such a project, and the existence of this alternative does not limit the county's authority under the home rule statutes. If the board of county commissioners decides to use home rule authority, the authorizing resolution may be enacted as an ordinary, rather than a charter, resolution. Cited herein: K.S.A. 1984 Supp. 10-306, as amended by L. 1985, ch. 62; K.S.A. 19-101; K.S.A. 1984 Supp. 19-101a, as amended by L. 1985, ch. 95; K.S.A. 19-101c; 68-580; 68-581; K.S.A. 1984 Supp. 68-584; L. 1981, ch. 173, section 74.

Author: Robert T. Stephan
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Languages : en
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An ordinance which authorizes a local human relations commission to award compensatory and punitive damages in a discrimination case is incidental to effectuation of a public purpose, i.̲e̲.̲ the elimination of discrimination within a community, and constitutes a valid exercise of city home rule powers. While a local human relations commission lacks standing in district court to enforce such an award, a victim of discrimination may file suit for enforcement in district court. Cited herein: K.S.A. 1985 Supp. 44-1005; K.S.A. 44-1011; 60-217; K.S.A. 1985 Supp. 60-2101(d); Kan. Const., Art. 12, section 5.

Author: Robert T. Stephan
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Languages : en
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Pursuant to the provisions of K.S.A. 55-211a, a city may enter into an agreement for the cooperative development of oil and gas rights, provided that such an agreement serves a public purpose. Cited herein: K.S.A. 55-211a, Kan. Const., Art. 12, section 5.

Author: Robert T. Stephan
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Languages : en
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The governing board of a community mental health center has no authority to borrow money from a financial institution to purchase or construct a building.

Author: Robert T. Stephan
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Languages : en
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As amended by chapter 282, section 5, the provisions of chapter 187, section 11 of the 1984 Session Laws prohibit the selling, giving or receiving of lists of names and addresses derived from public records, for the purpose of selling or offering for sale any property or service to the persons listed therein, subject to three exceptions. Section 6 of chapter 187, as amended by section 3 of chapter 282 of the 1984 Session Laws, further requires that any person who obtains a list of names and addresses certify that: (1) he or she will not use the information for the purpose of selling or offering for sale any property or services, and (2) will not give, sell or otherwise make available the list to another person so that the latter may sell or offer for sale any property or service. Accordingly, a person may not make commercial use of information derived from such lists, either directly or through the sale of the lists themselves. Cited herein: K.S.A. 1983 Supp. 21-3913; 45-201 (both repealed, L. 1984, ch. 187); 74-2012, as amended by L. 1984, ch. 282, section l; L. 1983, ch. 171, section 11, L. 1984, ch. 187, sections 6, 11; L. 1984, ch. 282, sections 3, 5.

Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and clerk of the municipal court in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 12-4108.

Author: Robert T. Stephan
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Languages : en
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The legislature may refuse to appropriate moneys to provide funds for a̲ ̲p̲a̲r̲t̲i̲c̲u̲l̲a̲r̲ lease of office space already entered into by a state agency and may direct that no appropriated moneys shall be used for such purpose. However, the legislature may not prescribe that an agency may not enter into a̲n̲y̲ lease for office space without the prior approval of the State Finance Council or some other legislatively-dominated committee. Such a limitation on prospective action by a state agency violates the doctrine of separation of powers and is unconstitutional. Attorney General Opinion No. 81-83 is reaffirmed. Cited herein: K.S.A. 75-3708, 75-3711, K.S.A. 1983 Supp. 75 -3711c, 75-3725a, L. 1984, ch. 23, section 5, L. 1984, ch. 244, sections 1, 2, 23, L. 1981, ch. 32, section 69.

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: Curt Thomas Schneider
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Languages : en
Pages : 3

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"A law enforcement officer investigating a reported breach of the peace taking place nearby has the authority to command the assistance of a private citizen in guarding a prisoner in the officer's custody provided the officer has the intent at the time of the command to make an arrest if the report providing the officer's "probable cause" is confirmed by his immediate investigation."