Attorney General Opinion No. 1986-010 PDF Download

Author: Robert T. Stephan
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Languages : en
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A county agricultural or fair association is organized in accordance with K.S.A. 2-125 e̲t̲ s̲e̲q̲., and recognized by the State Board of Agriculture pursuant to K.S.A. 2-127. Since the Shawnee County 4-H Fair and the Auburn Grange Fair do not meet these requirements, these organizations do not qualify as "any county agricultural or fair association" within the provisions of K.S.A. 2-301. For these reasons, Shawnee County may not levy a tax pursuant to K.S.A. 2-301 to provide funds for the Shawnee County 4-H Fair or the Auburn Grange Fair. Cited herein: K.S.A. 2-125; 2-127; 2-301; 19-223; 19-2913.

Author: Robert T. Stephan
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Languages : en
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The "personnel matters" exception to the open meetings law, K.S.A. 75-4319(b)(1), pertains to employees of public agencies. Persons appointed to public boards and committees are not employees, they are public officers. Therefore, discussions concerning the qualifications of candidates for such appointed positions cannot take place in an executive session but must be held in an open meeting. Cited herein: K.S.A. 75-4317; K.S.A. 1986 Supp. 75-4318; K.S.A. 75-4319.

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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It is the public policy of this state that public records must be open for inspection by any person unless otherwise provided by law. In that the exceptions listed in the KORA are not applicable to the information in question and disclosure of the information is not prohibited by statute, we must conclude that the financial information contained in reports submitted by an adult care home to SRS is subject to disclosure under the Kansas Open Records Act. Cited herein: K.S.A. 1985 Supp. 39-708c(x); K.S.A. 45-215 e̲t̲ s̲e̲q̲.; K.S.A. 1985 Supp. 45-217; 45-221; K.A.R. 30-10-12; K.A.R. 30-10-13.

Author: Robert T. Stephan
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Languages : en
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Under its police power, a state may reimburse itself for the cost of regulating and supervising a business by assessing the necessary expenses to the business which created the necessity for such regulation and supervision. Use of conservation fee fund monies for the prevention and cleanup of pollution from oil and gas activities regulated by the state corporation commission is sufficiently related to the regulatory function to make its use for such purposes a valid exercise of the police power. The conservation fee fund may be used to fund the study and cleanup of oil and gas pollution pursuant to section 37 of 1986 House Bill No. 3078 (K.S.A. 55-143, as amended by 1986, ch. 201, section 37), to the extent that such study and cleanup are reasonably related to those activities of the oil and gas industry which are regulated by the commission. Use of the conservation fee fund by the state corporation commission for those oil and gas activities it does not regulate (as authorized by K.S.A. 55-143, as amended by L. 1986, ch. 201, section 37, which references subsection (a)(2)(A)-of K.S.A. 65-171d, as amended by L. 1986, ch. 201. section 22), is contrary to the findings of the Kansas Supreme Court in P̲a̲n̲h̲a̲n̲d̲l̲e̲ ̲E̲a̲s̲t̲e̲r̲n̲ ̲P̲i̲p̲e̲l̲i̲n̲e̲ ̲v̲.̲ ̲F̲a̲d̲e̲l̲e̲y̲. Such use exacts revenue from the oil and gas industry under the guise of a regulatory fee in violation of article 11, section 1 of the Kansas Constitution, and the commerce clause and the Fourteenth Amendment of the United State Constitution. Cited herein: Kans. Const., Art. 11, section 1; U.S. Const., Fourteenth Amendment; K.S.A. 55-131; 55-143; 65-171d, as amended by L. 1986, ch. 33, section 10(f); L. 1986, ch. 201, sections 1, 2, 10, 17, 22, 28, 37, 39 and 40; and K.A.R. 28-41-1.

Author: Robert T. Stephan
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Languages : en
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A school district which has money remaining in a construction account funded with proceeds of a bond issue authorized by K.S.A. 72-6761 may, in conjunction with the issuance of K.S.A. 1985 Supp. 10-427 e̲t̲ s̲e̲q̲. general obligation bonds designed to refund the outstanding bonds, transfer the money in the construction account to an escrow (as described in K.S.A. 10-427a) pledged for the payment of principal and interest on the outstanding bonds. A portion of the proceeds of the issue not required for the escrow may then be transferred to replenish the construction account. The school district's original authority to issue general obligation bonds pursuant to K.S.A. 72-6761 together with its authority to refund its outstanding general obligation bonds pursuant to K.S.A. 1985 Supp. 10-427 permits such a transaction to be accomplished without an election or a repetition of the authority required by K.S.A. 72-6761. Pursuant to K.S.A. 1985 Supp. 10-427a the issuance of such bonds will not increase the school districts indebtedness for the purpose of calculating statutory debt limitations. Cited herein: K.S.A. 10-117; K.S.A. 1985 Supp. 10-120; K.S.A. 10-427; 10-427a; K.S.A. 72-6761.

Author: Robert T. Stephan
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Languages : en
Pages :

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The amendment of Article 10, Section 1 of the Kansas Constitution to retain the current apportionment of the Kansas House of Representatives for the 1990 general election would violate the Equal Protection Clause of the U.S. Constitution. Cited herein: Kan. Const., Art. 10, section 1; U.S. Const., 14th Amendment.

Author: Robert T. Stephan
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Languages : en
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Kansas laws pertaining to driving under the influence of alcohol allow conviction when the accused's blood or breath alcohol test (BAT) registers less than .10 as long as other supporting evidence is available. A conviction under a similar statute in another state may be considered for sentencing purposes. Cited herein: K.S.A. 1985 Supp. 8-1005; 8-1567.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 75-4319(b)(2) authorizes public bodies subject to the Kansas Open Meetings Act (KOMA) to recess into an executive session for the purpose of "consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship ..." The term "consultation" as used in the KOMA necessarily implies the presence of an attorney. Even though a letter from an attorney to his client containing advice is a privileged communication, we must conclude that members of a public body cannot recess into an executive session to review and discuss among themselves a letter from their attorney. Therefore, it is our opinion that the "consultation with an attorney" exception to the open meetings law cannot be invoked unless the attorney for the body is present. Cited herein: K.S.A. 60-426; 75-4317; K.S.A. 1985 Supp. 75-4318(a); K.S.A. 75-4319.

Author: Virginia. Office of the Attorney General
Publisher:
ISBN:
Category : Attorneys general's opinions
Languages : en
Pages : 620

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