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Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
The applicable definition of "state agency," as used in rules and regulations adopted by the state records board pursuant to K.S.A. 75-3504, is set forth in K.S.A. 45-402. Under that definition, and for purposes of appointing a records officer as provided by K.A.R. 53-4-1, the deferred compensation unit of the department of administration is a state agency. However, Kansas Advocacy and Protective Services, Inc. is not a state agency for purposes of K.A.R. 53-4-1 and therefore need not appoint a records officer. Cited herein: K.S.A. 40-2302; 45-402; 46-224; 75-3049; 75-3502a; 75-3504; 75-3701; 75-3728a; 75-5274; 75-5521; 75-5523; L. 1990, ch. 22, section 3; L. 1991, ch. 11, section 2; L. 1992, ch. 214, section 9; L. 1992, ch. 325, section 2; L. 1993, ch. 270, section 2; L. 1994, ch. 361, section 2; K.A.R. 53-4-1.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
The applicable definition of "state agency," as used in rules and regulations adopted by the state records board pursuant to K.S.A. 75-3504, is set forth in K.S.A. 45-402. Under that definition, and for purposes of appointing a records officer as provided by K.A.R. 53-4-1, the deferred compensation unit of the department of administration is a state agency. However, Kansas Advocacy and Protective Services, Inc. is not a state agency for purposes of K.A.R. 53-4-1 and therefore need not appoint a records officer. Cited herein: K.S.A. 40-2302; 45-402; 46-224; 75-3049; 75-3502a; 75-3504; 75-3701; 75-3728a; 75-5274; 75-5521; 75-5523; L. 1990, ch. 22, section 3; L. 1991, ch. 11, section 2; L. 1992, ch. 214, section 9; L. 1992, ch. 325, section 2; L. 1993, ch. 270, section 2; L. 1994, ch. 361, section 2; K.A.R. 53-4-1.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
The Kansas guardianship program is a non-profit corporation and, therefore, must comply with the Kansas corporation code. Cited herein: K.S.A. 1994 Supp. 17-6002; 17-7502; 17-7504; L. 1995, ch. 189; 26 U.S.C. section 501.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
The "governor's cabinet" has evolved through custom and tradition loosely patterned after the United States president's cabinet. Each member of the president's cabinet has a constitutional duty to provide opinions as the principal officer of an executive department when required by the president. U.S. const., art. II, section 2. There is a similar provision in the Kansas constitution. As such, cabinet members serve as advisors to the governor. The members of the current governor's cabinet include the secretaries of various state departments who are appointed by the governor subject to the confirmation of the senate and serve at the pleasure of the governor. In our opinion, the legislature may require that the secretary of the board of agriculture serve as a member of the governor's cabinet because as a member of the executive department she is already subject to the governor's request for information regarding her duties. Cited herein: K.S.A. 32-801; 74-5002; K.S.A. 1994 Supp. 75-3702; 75-5001; 75-5101; 75-5203; 75-5301; 75-5601; 75-5701; 75-5903. Kan. Const., art. 1, section 1; Kan. Const., art. 1, section 4; Kan. Const., art. 15, section 1; U.S. Const., Art. II, section 2.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
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: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
Public fund depository laws precluding the state and its municipalities from placing their funds in branches of national banks that do not have home offices in Kansas do not violate the commerce clause, the supremacy clause or the equal protection clause of the United States constitution. Cited herein: K.S.A. 1994 Supp. 9-1111, as amended by L. 1995, ch. 79, sec. 15; K.S.A. 9-1401, K.S.A. 1994 Supp. 12-1675, 75-4201; 75-4205; 75-4208; 75-4209, as amended by L. 1995, ch. 194, sec. 2; 12 U.S.C. secs. 30, 36, 1831, 1831u, 1842; U.S. Const., art. I, sec. 8; art. VI; 14th amend.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
A citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction. In order to ensure exercise of this right, state statute and the national voter registration act require that sites designated as places of registration be open to the public at large. Designation of sites which are not open to the public at large may result in legal action against the public entity responsible for the operation of the place of registration. Cited herein: KS. A. 25-2302; 25-2303; 25-2309; 252310; 25-2311; 25-2312; 25-2313; 42 U.S.C.A. section 1973gg; 42 U.S.C.A. section 1973gg-5; 42 U.S.C.A. section 1973gg-9.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
Except to the extent the duration of a term of public office is specified or limited by the Kansas constitution, the legislature may constitutionally alter the term, even if the effect is to cut short the unexpired term of an incumbent officer. A person appointed to public office has no vested property or liberty interest in holding the office. Nor does an incumbent have a contract right to hold the office for the duration of the original fixed term. Cited herein: Kan. const. art. 2, section 18, art. 6, sections 2, 3, art. 15, secs. 1, 2; K.S.A. 74-3201, as amended by L. 1995, ch. 241, section 12; K.S.A. 75-4315b; L. 1995, ch. 241.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Current statutes concerning the powers and duties of county officials do not authorize boards of county commissioners to enter into interlocal agreements which unilaterally require county attorneys or their staff to prosecute in municipal court for violations of a municipal DUI ordinance. If a city has enacted a DUI ordinance, violations of that ordinance which fall within the city's jurisdiction may be prosecuted in municipal court. Such prosecutions may be undertaken by an attorney authorized by the city to appear in municipal court on behalf of the city. Likewise, defense costs for indigent defendants may be paid to attorneys properly hired by the city for such purposes. Compensation paid by the city to such prosecutors or other attorneys may be contractually shared with or paid to a third party (such as a county) if that party provides contractual consideration for such payments and if the city is expending funds which may be utilized for such purposes. Attorneys involved in representation of two or more public entities must resolve potential statutory or ethical conflict of interest issues. Cited herein: K.S.A. 1990 Supp. 8-1567; K.S.A. 12-2901; K.S.A. 1990 Supp. 12-2909; K.S.A. 12-4104; K.S.A. 1990 Supp. 12-4106; K.S.A. 19-701; 19-702; 22-2401a; K.S.A. 1990 Supp. 75-4301a.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
A city may not prohibit the use of its park for political advocacy activities or prohibit the distribution of handbills, pamphlets, posters or any other literature of a political nature as such restrictions violate the first amendment to the United States constitution because the prohibition constitutes a prior restraint on communication without narrow objective and definite standards. Furthermore, the exclusion of all political activity in a city park is a content-based exclusion which requires the city to establish that the exclusion is necessary to serve a compelling governmental interest and is narrowly drawn to achieve that interest. Finally, a city may impose reasonable restrictions on the time, place or manner of protected speech provided the restrictions are justified without reference to their content, are narrowly tailored to serve a significant city interest and leave open ample alternative channels for communication of information. Cited herein: U.S. Const., amend. 1.
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: American Bar Association. House of Delegates
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Robert T. Stephan
Author: Carla J. Stovall