Attorney General Opinion No. 1988-019 PDF Download

Author: Robert T. Stephan
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Languages : en
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K.S.A. 1987 Supp. 65-204(d) excepts from the aggregate tax levy limitations contained in K.S.A. 79-5001 to 79-5016 any tax levy increase over previous levies, i.̲e̲.̲ those authorized prior to the 1986 amendment to K.S.A. 65-204. Cited herein: K.S.A. 1987 Supp. 65-204(d); K.S.A. 79-5001; 79-5016; 79-5017; K.S.A. 1987 Supp. 79-5037.

Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1987 Supp. 19-101a(20), counties may not exempt or change the provisions contained in K.S.A. 1987 Supp. 19-211. Pertinent language of Attorney General Opinion No. 87-164 is amended so as to be consistent with this rule. Cited herein: K.S.A. 1987 Supp. 19-101a(20); 19-211.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 28-175 and K.S.A. 19-705 prohibit additional compensation or fees for performance of duties connected with the office of county attorney beyond what is specifically allowed by law. Case law uniformly allows additional compensation to be paid when a county attorney performs legal services outside the county's jurisdiction. While K.S.A. 22-2616(4) requires a county attorney to remain responsible for prosecution of cases transferred to another venue pursuant to that statute, it does not prohibit compensation or evidence legislative intent to abolish this case law. It is therefore our opinion that the county attorney may properly receive additional compensation for services rendered in another county pursuant to K.S.A. 22-2616(4). Cited herein: K.S.A. 2-1208a; 8-605; 9-2014; 17-1267; 19-701; K.S.A. 1987 Cupp. 19-702; 19-703; K.S.A. 19-705; 19-723; 22-2616(4); 22-3902; 22a-107; 28-175; 65-4036.

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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Pursuant to K.S.A. 1987 Supp. 19-101a(a)(11) and 19-101b, Kingman county may adopt a charter resolution to avoid applicability of all or part of K.S.A. 19-262. Cited herein: K.S.A. 10-1101 e̲t̲ s̲e̲q̲., K.S.A. 1987 Supp. 19-101a, 19-101b, K.S.A. 19-262, 79-2925 e̲t̲ s̲e̲q̲.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 19-4001 e̲t̲ s̲e̲q̲. allows counties to establish community facilities for the mentally retarded, to levy a tax to support such facilities, and to solicit and accept funding from various other sources. K.S.A. 1987 Supp. 65-4411 e̲t̲ s̲e̲q̲. establishes one source for such funding, based on the number of "full-time equivalent clients" in the facility. The definition of a full-time equivalent client is contained in K.S.A. 1987 Supp. 65-4413(b). Unless former state patients fit within the family-crisis exception, they cannot be accepted before those previously on the community facility's waiting list and still be defined as a full-time equivalent client. K.S.A. 19-4005 forbids denial of services based on an inability to pay. Thus, a facility may accept former state patients who do not fall within the family crisis exception before those currently on the waiting list only if the facility is merely electing one source of funding over another. Should there be a denial of services based on an inability to pay in violation of K.S.A. 19-4005, the county does not automatically lose its ability to levy taxes. However, aggrieved persons denied services may seek recourse through private civil remedies, or the electors may file a protest petition under K.S.A. 19-4004 seeking to block additional tax levies. Cited herein: K.S.A. 19-4001; 19-4004; 19-4005; 19-4008; K.S.A. 1987 Supp. 65-4411; 65-4413; K.A.R. 1987 Supp. 30-22-32.

Author: Robert T. Stephan
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Languages : en
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Tax revenues, properly levied and budgeted for the county hospital pursuant to K.S.A. 1987 Supp. 19-4606, and other hospital moneys expended under the authorization of K.S.A. 1987 Supp. 19-4608, are subject to the control vested in the hospital board pursuant to K.S.A. 1987 Supp. 19-4601 e̲t̲ s̲e̲q̲. Under K.S.A. 1987 Supp. 19-4611, the hospital board has the authority to expend moneys to compensate independently contracting doctors for providing emergency room coverage at the county hospital. Factual questions concerning the advisability of the contract or the adequacy of consideration are properly addressed to the hospital board or a court of law. Cited herein: K.S.A. 1987 Supp. 19-4601; 19-4606, 19-4608, 19-4610; and 19-4611.

Author: Robert T. Stephan
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Languages : en
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The question of whether the city's sale of a municipally owned utility is county business is an administrative decision to be made by the county commissioners in their exercise of the county's powers of home rule. Courts have interpreted powers of home rule as involving a great latitude of discretion. However, the county's authority to exercise its powers of home rule is subject to the limitations upon such grant of power found in K.S.A. 1987 Supp. 19-101a. Limitation number five prohibits a county from superseding or impairing a city's ability to determine its local affairs pursuant to its constitutional and statutory powers of home rule. Whether an advisory election will impair a city's ability to determine its local affairs must be determined on a case by case basis taking all of the facts and circumstances into consideration. Cited herein: K.S.A. 12-101; K.S.A. 1987 Supp. 19-101a; K.S.A. 19-101c.

Author: Robert T. Stephan
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Languages : en
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Pursuant to Article 12, section 5 of the Kansas Constitution and K.S.A. 1987 Supp. 19-101a, Kansas cities and counties may use home rule power to issue general obligation bonds. The proceeds from sale of those bonds may be used to finance what the legislative body rationally believes would promote a valid public purpose. In specific instances, such purposes may include encouraging, assisting and promoting private economic development. Cited herein: Kansas Constitution, Article 12, section 5; K.S.A. 1987 Supp. 10-101 e̲t̲ s̲e̲q̲.; K.S.A. 10-201; K.S.A. 1987 Supp. 10-427; 12-1257; K.S.A. 12-1302; 12-1740; 12-3801; K.S.A. 1987 Supp. 19-101a; K.S.A. 19-101c; 19-103; 19-2801; 19-1596; 19-4101.

Author: Robert T. Stephan
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Languages : en
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The misnomer in L. 1988, ch. 47, section 19 is not a defect which renders the section void. The intent of the legislature is sufficiently clear to allow substitution of the correct language, so that reference to K.S.A. 40-277(7)(c), which does not exist, becomes K.S.A. 40-277(4)(a). Pursuant to section 19, blood-alcohol tests refusals or failures are not open records. Insurers may not consider such refusals or failures in determining automobile liability rates or in determining whether to cancel a policy. However, if a driving privilege is suspended by the department of revenue, the suspension is part of an open record, which may be obtained by insurers to process an application, or renewal, or cancellation of, a motor vehicle liability insurance policy. Cited herein: K.S.A. 1987 Supp. 8-1341a; K.S.A. 40-277; 45-215; 74-2012; L. 1988, ch. 47, section 19 (to be codified at K.S.A. 8-1018).