Author: Robert T. Stephan
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ISBN:
Category :
Languages : en
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Book Description
The consensus estimating group is not a "public body" within the meaning of the KOMA, but an independent group which has no statutory authority or duties. Therefore, it is not subject to the requirements of the KOMA. Cited herein: K.S.A. 75-4318; 75-6701.
Attorney General Opinion No. 1994-093
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
The consensus estimating group is not a "public body" within the meaning of the KOMA, but an independent group which has no statutory authority or duties. Therefore, it is not subject to the requirements of the KOMA. Cited herein: K.S.A. 75-4318; 75-6701.
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
The consensus estimating group is not a "public body" within the meaning of the KOMA, but an independent group which has no statutory authority or duties. Therefore, it is not subject to the requirements of the KOMA. Cited herein: K.S.A. 75-4318; 75-6701.
Attorney General Opinion No. 1994-095
Author: Robert T. Stephan
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ISBN:
Category :
Languages : en
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Book Description
The form of the question set forth in the herein referenced petition meets the requirements set forth in K.S.A. 12-3013 and 25-3602. Cited herein: K.S.A. 12-3005; 12-3013; 25-620; 25-3601; 25-3602; Kan. Const., art. 12, sec. 5.
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
The form of the question set forth in the herein referenced petition meets the requirements set forth in K.S.A. 12-3013 and 25-3602. Cited herein: K.S.A. 12-3005; 12-3013; 25-620; 25-3601; 25-3602; Kan. Const., art. 12, sec. 5.
Attorney General Opinion No. 1994-033
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
A civil action filed pursuant to K.S.A. 1993 Supp. 60-3331 does not preclude a criminal prosecution. Cited herein: K.S.A. 1993 Supp. 60-3331.
Publisher:
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Languages : en
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Book Description
A civil action filed pursuant to K.S.A. 1993 Supp. 60-3331 does not preclude a criminal prosecution. Cited herein: K.S.A. 1993 Supp. 60-3331.
Attorney General Opinion No. 1994-078
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.
Publisher:
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Category :
Languages : en
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Book Description
Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.
Attorney General Opinion No. 1987-093
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
In Kansas, title by adverse possession cannot be invoked against a governmental subdivision of the state by a private individual.
Publisher:
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Category :
Languages : en
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Book Description
In Kansas, title by adverse possession cannot be invoked against a governmental subdivision of the state by a private individual.
Attorney General Opinion No. 1994-009
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
Generally, criminal history record information is not open to the public and disclosure is restricted by statute. However, persons may request conviction records on individuals from a criminal justice agency, and the agency may discretionarily disclose the requested records. Cited herein: K.S.A. 1993 Supp. 22-4701; K.S.A. 22-4705; 22-4707; K.A.R. 1992 Supp. 10-11-1; 10-12-1; 10-12-2.
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
Generally, criminal history record information is not open to the public and disclosure is restricted by statute. However, persons may request conviction records on individuals from a criminal justice agency, and the agency may discretionarily disclose the requested records. Cited herein: K.S.A. 1993 Supp. 22-4701; K.S.A. 22-4705; 22-4707; K.A.R. 1992 Supp. 10-11-1; 10-12-1; 10-12-2.
Attorney General Opinion No. 1995-093
Author: Carla J. Stovall
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
Residency requirements for county officials differ depending on the office in question and whether the official is elected or appointed to fill a vacancy and serve an unexpired term of office. A county commissioner must reside within the required district in order to be elected and remain in the position representing that district. There is no statutory requirement that a candidate for or an elected county treasurer, county clerk or register of deeds reside or remain within the county, however, appointments to fill unexpired terms in such offices must be made from among the county electorate. Persons elected or appointed to serve as a county attorney are not required to be county residents. Further, persons hired as county auditor, controller, purchasing agent, appraiser, surveyor or engineer statutorily are not required to be county residents. Cited herein: K.S.A. 1994 Supp. 19-101a; K.S.A. 19-201; K.S.A. 1994 Supp. 19-203; K.S.A. 19-248; 19-260a; 19-301; 19-303; 19-3a01; K.S.A. 1994 Supp. 19-430; K.S.A. 19-501; 19-6a02; 19-701; 19-715; 19-1201; 19-1401; 19-1403; 19-2608 (repealed); 25-3902a, as amended by L. 1995, ch. 192, section 11; Kan. Const., art. 9, section 2.
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
Residency requirements for county officials differ depending on the office in question and whether the official is elected or appointed to fill a vacancy and serve an unexpired term of office. A county commissioner must reside within the required district in order to be elected and remain in the position representing that district. There is no statutory requirement that a candidate for or an elected county treasurer, county clerk or register of deeds reside or remain within the county, however, appointments to fill unexpired terms in such offices must be made from among the county electorate. Persons elected or appointed to serve as a county attorney are not required to be county residents. Further, persons hired as county auditor, controller, purchasing agent, appraiser, surveyor or engineer statutorily are not required to be county residents. Cited herein: K.S.A. 1994 Supp. 19-101a; K.S.A. 19-201; K.S.A. 1994 Supp. 19-203; K.S.A. 19-248; 19-260a; 19-301; 19-303; 19-3a01; K.S.A. 1994 Supp. 19-430; K.S.A. 19-501; 19-6a02; 19-701; 19-715; 19-1201; 19-1401; 19-1403; 19-2608 (repealed); 25-3902a, as amended by L. 1995, ch. 192, section 11; Kan. Const., art. 9, section 2.
Attorney General Opinion No. 1994-056
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
1993 house bill no. 2070 amended the water transfer act, specifically K.S.A. 82a-1504(c), eliminating the legislative oversight of water transfers. The amendment contained procedural changes that are applied retroactively unless the legislature indicates otherwise. Thus the legislative review requirement in the former statute, K.S.A. 82a-1504(c) (Ensley 1989), does not apply to a water transfer in litigation during the amendment of the statute wherein the legislative oversight provision was eliminated. Cited herein: K.S.A. 65-4801; 82a-701; 82a-1504 (Ensley 1989); K.S.A. 1993 Supp. 82a-1504; K.S.A. 82a-5801.
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
1993 house bill no. 2070 amended the water transfer act, specifically K.S.A. 82a-1504(c), eliminating the legislative oversight of water transfers. The amendment contained procedural changes that are applied retroactively unless the legislature indicates otherwise. Thus the legislative review requirement in the former statute, K.S.A. 82a-1504(c) (Ensley 1989), does not apply to a water transfer in litigation during the amendment of the statute wherein the legislative oversight provision was eliminated. Cited herein: K.S.A. 65-4801; 82a-701; 82a-1504 (Ensley 1989); K.S.A. 1993 Supp. 82a-1504; K.S.A. 82a-5801.
Attorney General Opinion No. 1994-047
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.
Attorney General Opinion No. 1994-035
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
The United States constitution has delegated to congress the power to determine the qualifications of its own members and to expel its members when necessary. Because this is a power reserved for the individual houses of congress, the tenth amendment of the United States constitution does not reserve to the states the authority to remove members of congress from office. K.S.A. 25-4301 et seq. are not applicable to members of congress. Cited herein: K.S.A. 25-4301; 25-4304; U.S. Const., art. 1, sec. 5, amend. 10.
Publisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
The United States constitution has delegated to congress the power to determine the qualifications of its own members and to expel its members when necessary. Because this is a power reserved for the individual houses of congress, the tenth amendment of the United States constitution does not reserve to the states the authority to remove members of congress from office. K.S.A. 25-4301 et seq. are not applicable to members of congress. Cited herein: K.S.A. 25-4301; 25-4304; U.S. Const., art. 1, sec. 5, amend. 10.