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Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Pursuant to K.S.A. 75-4319(b)(4), a public body may recess into executive session to discuss confidential financial data or trade secrets. The open meetings act is to be interpreted broadly to give effect to the legislative intent that meetings of public bodies be accessible to the public; exceptions to the act must be construed narrowly. Thus, public bodies must take care to recess into executive session on the basis of K.S.A. 75-4319(b)(4) only when the topic of conversation clearly involves c̲o̲n̲f̲i̲d̲e̲n̲t̲i̲a̲l̲ financial data, or "trade secrets" as that term has been defined by Kansas courts. Cited herein: K.S.A. 60-3320; 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 75-4319, as amended by L. 1988, ch. 315, section 4.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Pursuant to K.S.A. 75-4319(b)(4), a public body may recess into executive session to discuss confidential financial data or trade secrets. The open meetings act is to be interpreted broadly to give effect to the legislative intent that meetings of public bodies be accessible to the public; exceptions to the act must be construed narrowly. Thus, public bodies must take care to recess into executive session on the basis of K.S.A. 75-4319(b)(4) only when the topic of conversation clearly involves c̲o̲n̲f̲i̲d̲e̲n̲t̲i̲a̲l̲ financial data, or "trade secrets" as that term has been defined by Kansas courts. Cited herein: K.S.A. 60-3320; 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 75-4319, as amended by L. 1988, ch. 315, section 4.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Because the Kansas Constitution does not define the term "merchants' and manufacturers' inventory" for purposes of the property tax exemption in article 11, section 1, it is appropriate to rely on common understanding of the terms at the time the constitutional provision was adopted, and the statutory definitions contained in K.S.A. 1988 Supp. 79-201m. The scope of these definitions does not include real estate, such as houses constructed on-site for later sale. Therefore, such property is not eligible for the merchants' and manufacturers' inventory exemption from property tax under article 11, section 1. Cited herein: K.S.A. 79-102; K.S.A. 1988 Supp. 79-201m, as amended by L. 1989, ch. 289, section 1; Kan. Const., Art. 11, section 1.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A search warrant maybe issued by a district magistrate judge upon the sworn oral or written statement of a city attorney. Municipal law enforcement officers may execute such warrant, and property seized pursuant to the warrant may be admissible as evidence in a municipal court. However, K.S.A. 1985 Supp. 8-1001(f) precludes the use of a search warrant to obtain a blood sample from a person who has refused to submit to a blood, breath or urine test pursuant to that statute. An ordinance authorizing such procedure would be in conflict with the state statute prohibiting further testing after an informed refusal. Cited herein: K.S.A. 1985 Supp. 8-1001, as amended by L. 1986, ch. 40, section 2; K.S.A. 1985 Supp. 8-1005, as amended by L. 1986, ch. 41, section 1; K.S.A. 1985 Supp. 8-1567(m); K.S.A. 12-4504; K.S.A. 1985 Supp. 22-2202, as amended by L. 1986, ch. 133, section 1; K.S.A. 22-2502; 22-2503; 22-2507; L. 1986, ch. 40, section 1.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law. Cited herein: K.S.A. 20-119; 20-120, 20-123; 20-124; 20-125; 20-127; Supreme Court Rule 705.
Author: Curt Thomas Schneider Publisher: ISBN: Category : Languages : en Pages :
Book Description
Under K.S.A. 60-2311(a), an employee may not be discharged due to multiple garnishments received by the employer for not more than three debts. Venue for prosecution under that section lies in the county where the discharge was effected, and personnel of the employer residing in other jurisdictions who initiated the decision may be prosecuted in any county in which venue is proper under K.S.A. 22-2607.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A local government cannot be held liable for a violation of civil rights by its agents under 42 U.S.C. section 1983 on the basis of a respondeat superior theory. Local governments are liable only when execution of a government policy or custom inflicts the injury. Cited herein: K.S.A. 1987 Supp. 8-116a; 42 U.S.C. section 1983.
Author: Curt Thomas Schneider Publisher: ISBN: Category : Languages : en Pages : 2
Book Description
There is no legal basis for refund of a filing fee to a person who paid such fee and filed a declaration of intent to become a candidate for a public office which is subsequently abolished as an elective position.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Claims against a county, based upon federal civil rights law, are not subject to the damage limitation provisions set forth in the Kansas tort claims act. K.S.A. 1987 Supp. 75-6105 sets a damage limitation and K.S.A. 1987 Supp. 75-6111 creates an exception to that limitation when an insurance policy is purchased that has policy limits in excess of the limitation. If such a policy is purchased, the damage limitation becomes the limitation of the policy. If a policy does not cover liability for certain claims, the damage limitation contained in K.S.A. 1987 Supp. 75-6105 remains applicable. Cited herein: K.S.A. 1987 Supp. 75-6105; 75-6111.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Certain portions of K.S.A. 39-709, as amended by L. 1988, ch. 143, section 8, conflict with sections of the Medicare Catastrophic Coverage Act of 1988, 42 U.S.C. section 1396p. In order to comply with the more restrictive federal eligibility standards, and thus remain eligible for participation in the federal medicare program, state legislative action is necessary to amend those portions of the statute that directly conflict with federal requirements. Cited herein: K.S.A. 39-709, as amended by L. 1988, ch. 143, section 8; 42 U.S.C. section 1396p (Supp. 1988).
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A public body must comply with the provisions of the Kansas Open Meetings Act if two tests are met: (1) the body is a legislative or administrative agency of the state or one of its political or taxing subdivisions, or is subordinate to such a body; and (2) the body receives or expends and is supported in whole or in part by public funds. A rural water district meets the first test as it is a political subdivision of the state. The second test is met if the district receives federal or state grants or other such public funding. Cited herein: K.S.A. 24-1201; K.S.A. 1987 Supp. 24-1219; K.S.A. 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 82a-612; K.S.A. 1987 Supp. 82a-613; K.S.A. 82a-614; 82a-616; 82a-619a; 82a-625; 82a-638.
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Curt Thomas Schneider
Author: Robert T. Stephan
Author: Curt Thomas Schneider
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan