Attorney General Opinion No. 1990-014 PDF Download

Author: Robert T. Stephan
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Languages : en
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Memoranda written by school board staff and wherein opinions are expressed or policies and actions are proposed are not public records which must mandatorily be disclosed unless such memoranda are publicly cited or identified in an open meeting or in an agenda to an open meeting. Such citation or identification subjects the memoranda to mandatory disclosure, unless otherwise specifically prohibited by law. However, even if such citation or identification does not occur, unless information contained in the memoranda is specifically prohibited or restricted from disclosure by federal law, state statute or rule of the Kansas supreme court, it may nevertheless be discretionarily disclosed by the public agency. Cited herein: 20 U.S.C. section 1232g; K.S.A. 45-215; K.S.A. 1989 Supp. 45-221; K.S.A. 72-9005.

Author: Robert T. Stephan
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Languages : en
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Under the provisions of K.S.A. 1990 Supp. 74-4911e, a former elected official may elect to continue to participate in the Kansas public employees retirement system (KPERS) after leaving service as an elected official provided the former elected official: (1) was an elected official on or after January 1, 1985; (2) was a member of KPERS during service as an elected official; (3) does not immediately become an employee of another participating employer; and (4) files the proper notice of election in the office of the executive secretary of KPERS. No other elected officials or employees are permitted to make such an election. Because such a classification does not enable employees to accumulate reserves for themselves and their dependents for old age, death and termination of employment, and insure a fiscally solvent retirement system, the purposes for which KPERS was established, the classification does not advance the objectives of the Kansas public employees retirement act. The classification does not meet the reasonable basis test and therefore violates the equal protection clauses of the United States and Kansas constitutions. Cited herein: K.S.A. 74-4901; K.S.A. 1990 Supp. 74-4902; K.S.A. 74-4910; K.S.A. 1990 Supp. 74-4911e; 74-4913; 74-4916; K.S.A. 74-4929; 74-4991; K.S.A. 1990 Supp. 74-4992; 74- 4998b; Kan. Const., Bill of Rights, sections 1, 2; U.S. Const., 14th Amend., section 1.

Author: Carla J. Stovall
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Languages : en
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In order to ensure that a unified school district remains within the authority conferred under K.S.A. 1998 Supp. 72-5395, it is advisable that the school district have in place some mechanism or procedure for establishing the penalty incurred under the Federal Insurance Contributions Act (FICA) or the Kansas Public Employees Retirement System (KPERS) by an employee who retires before the normal retirement age of 65 years. However, the existence of such a mechanism is not statutorily required. The fact that the early retirement incentive plan of a unified school district does not have such a mechanism in place does not, in and of itself, invalidate the plan. A person is deemed to reach "retirement age" when the person turns 65 years of age. While a person is entitled to receive a monthly old-age insurance benefit upon attaining the age of 62, the amount of the monthly benefit is reduced pursuant to a formula enacted by Congress. This reduction is the "penalty" referred to in K.S.A. 1998 Supp. 72-5395. The authority of the school district is limited to establishing an early retirement incentive program which reduces in whole or in part the penalty incurred under FICA or KPERS for retiring before the normal retirement age. A school district exceeds its statutory authority if it confers a benefit under an early retirement incentive program to an employee who has not incurred a penalty under FICA or KPERS for retiring early. An early retirement incentive plan which provides benefits on a sliding scale based solely on the age of the plan participants, resulting in a reduction of the benefits available to older plan participants, violates the Age Discrimination in Employment Act as amended by the Older Workers' Benefit Protection Act of 1990. Cited herein: K.S.A. 1998 Supp. 72-5395; 29 U.S.C.A. section 621; 29 U.S.C.A. section 623; 42 U.S.C.A. section 402; 42 U.S.C.A. section 415; 42 U.S.C.A. section 416; Pub. L. 101-433, 104 Stat. 978 (1990).

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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The United States government has exclusive jurisdiction over crimes committed on Fort Leavenworth property, which may be exercised in investigating child abuse pursuant to 18 U.S.C. section 13. Local governmental officials may enter into an agreement with it authorizing concurrent jurisdiction in matters of police protection. Cited herein: K.S.A. 12-2904; 27-101; 27-102; 27-104; 18 U.S.C. section 13.

Author: Carla J. Stovall
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Languages : en
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An administrative agency's interpretation of a regulation must be consistent with the language found in the regulation and with the statutes the regulation implements. Whether an agency's interpretation is enforceable depends on the facts and is determined on a case by case basis. Cited herein: K.S.A. 74-5813; 77-415; K.A.R. 67-2-4.

Author: Robert T. Stephan
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Languages : en
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Where there has been a violation of the common law rule cited in Attorney General Opinion No. 90-59, both resignations and reappointments should be considered a nullity. Cited herein: K.S.A. 1989 Supp. 13-1806.

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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A member-elect of the state senate or house of representatives cannot resign such office until the member-elect is entitled by law to possess it, has taken the oath, has given the required bond, and has entered upon the discharge of its duties. However, under the provisions of L. 1990, ch. 130, section 11, a member-elect of the legislature may provide notice to the secretary of state of the member-elect's intent to resign provided the resignation will become effective after the member-elect has taken the oath of office and entered upon the discharge of its duties. Cited herein: K.S.A. 1989 Supp. 13-305; K.S.A. 13-513; 14-205; K.S.A. 1989 Supp. 14-308; K.S.A. 15-201; K.S.A. 1989 Supp. 15-311; K.S.A. 19-504; 25-101b; 25-312; K.S.A. 1989 Supp. 25-312a; K.S.A. 25-1434; 25-1606; 25-2022; 25-3201; K.S.A. 25-3902, as amended by L. 1990, ch. 130, section 4; 25-3902a, as amended by L. 1990, ch. 130, section 5; K.S.A. 25-3903; K.S.A. 25-3904; as amended by L. 1990, ch. 130, section 6; 25-3904a, as amended by L. 1990, ch. 130, section 7; 25-3905, as amended by L. 1990, ch. 130, section 8; 25-3906, as amended by L. 1990, ch. 130, section 9; K.S.A. 40-106; 46-142; 46-144; 46-146a; 54-106; 75-125; 77-109; L. 1990, ch. 130, section 11; Kansas Constitution, art. 1, section 11.

Author: Robert T. Stephan
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Languages : en
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1990 House Concurrent Resolution No. 5061, subsection (a)(4), does not violate the uniform and equal provision of the Kansas Constitution or the equal protection clause of the United States Constitution. Cited herein: Kan. Const., Art. 11, section 1; 1990 H.C.R. No. 5061; U.S. Const., Amend. XIV.