Attorney General Opinion No. 1993-129 PDF Download

Author: Robert T. Stephan
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Languages : en
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A recreation commission may enter into a lease agreement with a unified school district, the terms of which permit the unified school district to use baseball and softball fields owned by the recreation commission. The term of such a lease may not exceed 10 years. A unified school district has the authority to acquire and maintain equipment, buildings, or other recreational facilities and make capital improvements on real property, title to which is held by a recreation commission. Cited herein: K.S.A. 12-1901 (repealed); 12-1924; 12-1926, as amended by L. 1993, ch. 46, sec. 1; 12-1928; K.S.A. 1987 Supp. 12-1928; L. 1989, ch. 64, sec. 1; L. 1986, ch. 80, sec. 1.

Author: Robert T. Stephan
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Languages : en
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State statute does not preclude a county election officer from concurrently serving as a county or state chairperson or vice-chairperson or as a national committeeperson of a political party. As such committee positions do not constitute public offices, the common law doctrine of incompatibility of offices is inapplicable. A county election officer is not precluded from concurrently serving as a county or state chairperson or vice-chairperson or as a national committeeperson of a political party. Cited herein: K.S.A. 19-301; 19-3419; 25-221 (repealed, L. 1972, ch. 129, sec. 12); 25-312, as amended by L. 1968, ch. 406, sec. 98; 25-2303; 25-2504; K.S.A. 1992 Supp. 25-3801; K.S.A. 25-3802 (repealed, L. 1990, ch. 131, sec. 1); 25-3803 (repealed, L. 1990, ch. 131, sec. 1); 25-3805 (repealed, L. 1990, ch. 131, sec. 1); 25-3808; 25-3901; K.S.A. 1992 Supp. 44-714; K.S.A. 74-2113; K.S.A. 1992 Supp. 75-2953; L. 1959, ch. 174, sec. 2;General Statutes of 1949, sec. 25-221, as amended by L. 1957, ch. 230, sec. 1; 5 U.S.C.A. sec. 1501.

Author: Robert T. Stephan
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Languages : en
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It is our opinion that the offices of councilperson for a city of the second class and trustee for the city hospital are incompatible. The common law doctrine of incompatibility of offices precludes a person from concurrently serving in both offices. Cited herein: K.S.A. 14-109; 14-204; 14-205; 14-601; 14-604; 14-605; 14-606; K.S.A. 14-602 (Weeks 1935).

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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Judging from the facts provided, B.C. Christopher, a financial advisor, has not held itself out as an expert in the area of law and will give no advice regarding the legal rights or obligations of the school district; therefore, it is not engaged in the unauthorized practice of law. The proposal submitted by the financial advisor does not obligate the school district to use the services of the attorney selected by the financial advisor, nor does it prohibit the school district from appointing legal counsel to provide the services necessary for issuing bonds. The proposal does not result in an impermissable impediment to the on-going relationship between the school district and the district's present legal counsel. Failure by the school district to meet all statutory requirements, regardless whether the school district follows the advice of legal counsel, may affect the validity of the issuance of bonds by the school district. Cited herein: K.S.A. 72-6761; 72-8201; 72-8202e; Kan. Const., art. 3, sec. 1; D.R. 7-104; M.P.R.C. 4.2; 1992 Kan. Ct. R. Annot. 225.

Author: Robert T. Stephan
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Languages : en
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The restrained environment described herein satisfies the requirement of "imprisonment" as that term is used in the driving under the influence statute and the driving while suspended statute. Cited herein: K.S.A. 8-262, as amended by L. 1993, ch. 291, sec. 2; 8-1567, as amended by L. 1993, ch. 291, sec. 270; 21-3809, as amended by L. 1993, ch. 291, sec. 102.

Author: Robert T. Stephan
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Languages : en
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The Supreme Court nominating commission is not subject to title 7 of the civil rights act of 1964, as amended, but is subject to the Americans with disabilities act and the Kansas act against discrimination. Cited herein: K.S.A. 20-124; 20-125; 20-132; 20-137; 20-138; 20-3004; 20-3007; K.S.A. 1992 Supp. 44-1002; 44-1006; 44-1009; Kan. Const., art. 3, sec. 5; 29 U.S.C.S. sec. 630; 42 U.S.C.S. sec. 2000e; 42 U.S.C.S. sec. 2000e-2; 42 U.S.C.S. secs. 12101, 12111, 12112.

Author: Curt Thomas Schneider
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Languages : en
Pages : 2

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"You inquire whether [K.S.A. 1974 Supp. 65-1,109], and the reference to "any person," applies to all law enforcement personnel administering tests to determine the alcohol content of human breath for law enforcement purposes."

Author: Robert T. Stephan
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Languages : en
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Persons or associations entering into an option agreement are not subject to the filing requirements of K.S.A. 1992 Supp. 16-310 or K.S.A. 16-329. Cited herein: K.S.A. 1992 Supp. 16-301; 16-310; K.S.A. 16-320; 16-329.

Author: Robert T. Stephan
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Languages : en
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While the Kansas Supreme Court has not specifically precluded the use of criminal sanctions to enforce the eight-hour work day regulations found at K.S.A. 44-201 e̲t̲ s̲e̲q̲., it has precluded that option for purposes of enforcing the wage rate provisions of the act. The court has indicated a preference for civil, as opposed to criminal, methods of enforcement for the eight-hour work day provisions as well. If it is a public official who is in violation of K.S.A. 44-201 e̲t̲ s̲e̲q̲., an action in mandamus may be brought to enforce the act's provisions, though only by reference of the attorney general or county attorney, or by any citizen with a specific interest or right distinct from that of the general public. If a contractor is violating the statutes, a laborer might be able to enforce those statutes through mandatory injunction or a suit on the contract as third party beneficiary. The Kansas Department of Human Resources has no jurisdiction to adjudicate wage claims based on violations of K.S.A. 44-201 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 44-201; 44-202; 44-203; 44-204; 44-205; 75-6101; 75-6104.