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Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
As a matter of law, a person who is not a "public employee" as defined by K.S.A. 75-4322(a) does not qualify as a representative of public employees for purposes of the act establishing the requirements for appointment to the public employee relations board. However, whether an individual appointed to the board is excluded from the definition of "public employee" as defined by K.S.A. 75-4322(a) is an issue of fact. An individual presently employed as director of human resources or personnel manager for a state agency is not necessarily excluded from the definition of "public employee" as a matter of law for purposes of the public employer-employee relations act. The appointee's status as a supervisory employee, a confidential employee, or a management official depends upon the particular duties and functions associated with the job rather than the position title or classification, and the issue is properly resolved on a case-by-case examination of the relevant facts and circumstances. The factual determination whether an appointee meets the statutory requirements for a particular position properly rests with the senate when the appointment is subject to senate confirmation. Cited herein: Kan. const., art. 2, section 18, art. 15, section 1; K.S.A. 75-4315b; 75-4321; 75-4322; K.S.A. 1995 Supp. 75-4323; K.S.A. 75-4324; 75-4333; 75-4334; 29 U.S.C. section 152(11).
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
As a matter of law, a person who is not a "public employee" as defined by K.S.A. 75-4322(a) does not qualify as a representative of public employees for purposes of the act establishing the requirements for appointment to the public employee relations board. However, whether an individual appointed to the board is excluded from the definition of "public employee" as defined by K.S.A. 75-4322(a) is an issue of fact. An individual presently employed as director of human resources or personnel manager for a state agency is not necessarily excluded from the definition of "public employee" as a matter of law for purposes of the public employer-employee relations act. The appointee's status as a supervisory employee, a confidential employee, or a management official depends upon the particular duties and functions associated with the job rather than the position title or classification, and the issue is properly resolved on a case-by-case examination of the relevant facts and circumstances. The factual determination whether an appointee meets the statutory requirements for a particular position properly rests with the senate when the appointment is subject to senate confirmation. Cited herein: Kan. const., art. 2, section 18, art. 15, section 1; K.S.A. 75-4315b; 75-4321; 75-4322; K.S.A. 1995 Supp. 75-4323; K.S.A. 75-4324; 75-4333; 75-4334; 29 U.S.C. section 152(11).
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
The governor and the secretary of state acting in concert have the power and authority to delay the deadline for filing nomination petitions and declarations of intention to become a candidate for purposes of filling a vacancy occurring in the United States senate when notice of the vacancy is given with sufficient time to prepare for utilization of the primary procedure, but the effective date of the resignation creating the vacancy falls after the filing deadline prescribed by statute. Cited herein: K.S.A. 25-202; 25-204; 25-205; 25-220, repealed L. 1972, ch. 131, section 11; 25-318; 25-3905; 25-3906; U.S. const., amend XVII.
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
The review of a petition by the county or district attorney conducted prior to circulation of the petition should be directed toward the form, rather than the content, of the question the petitioners seek to bring to an election. The opinion of the county or district attorney required under K.S.A. 25-3601 should address whether the question petitioners seek to bring to an election is in the form of a question, appears as it should upon the ballot, and includes the language set forth in K.S.A. 25-620. A rebuttable presumption as to these aspects of the question will attach upon approval of the question by the county or district attorney. The entity to which the petition is directed retains the authority to determine whether the question set forth in the petition is misleading or ambiguous. Cited herein: K.S.A. 10-101; 10-120; K.S.A. 1995 Supp. 12-1927; K.S.A. 25-620; 25-3601; 25-3602; L. 1992, ch. 194, sections 2, 3; L. 1976, ch. 190, section 1.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
A county is a "local authority" within the context of the Uniform Act Regulating Traffic and therefore has the responsibility to erect and maintain traffic control signs within its jurisdiction in accordance with the manual and specifications adopted by the Secretary of Transportation. A township does not fall within the definition of "local authority" and therefore has no authority to erect or maintain traffic control signs. Whether there is a duty to place signs and whether the decision to place signs is an exercise of discretion excepted from liability under the Kansas Tort Claims Act are questions of fact for the court to determine based on the totality of the circumstances. Cited herein: K.S.A. 8-1401; 8-1432; 8-2003; 8-2005; 68-526; 75-6101; K.S.A. 1996 Supp. 75-6104.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
No constitutional or statutory authority exists for the election of fire district trustees at a general election. Absent such authority, no valid election of fire district trustees may be called and held at the general election conducted in either April or November. Cited herein: K.S.A. 19-101; 19101a, as amended by L. 1996, ch. 68, section 2; 19-3601; 19-3612a; 25-101; 251601; 25-2021; 25-2107; 25-2502.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
Government imposed content-based restrictions on speech are generally impermissible under the first amendment. However, a carefully crafted racial and sexual discrimination and harassment policy that is directed at conduct violative of title VI, title VII or title IX may indirectly regulate speech that is "swept up incidentally within" the policy's reach. Cited herein: 20 U.S.C.A. section 1681; 42 U.S.C.A. sections 2000d, 2000e; 29 C.F.R. section 1604.11.
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: Carla J. Stovall
Author: Carla J. Stovall
Author: California. Office of the Attorney General