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Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
A board of county commissioners has authority over county expenditures; however, the board must allow expenditures necessary to meet the statutory responsibilities of elected officials. The Board of County Commissioners of Shawnee County may require that monies allotted to a major service area (MSA) within the general budget be spent for services or goods that fall within that particular MSA. Because Shawnee County does not require that an elected official adhere to any specific line items within each MSA, once the Board of County Commissioners has designated funds to a particular MSA within an elected official's budget, the official may spend those funds for purposes within the MSA. The Board of County Commissioners may not, for current budget year purposes, override an expenditure decision by an elected official if the expenditure is within the bottom line amount for the MSA and the official complies with applicable county purchasing procedures. An elected county official may not incur indebtedness in excess of the established budget unless the additional expenditure is required by law or approved by the board of county commissioners. An elected county official should follow county purchasing procedures; however, a board of county commissioners may not require that an elected official obtain prior approval by the board for expenditures that are necessary for the elected official to carry out statutory duties. Cited herein: K.S.A. 19-212; 19-229; 79-2925; 79-2927; 79-2929; 79-2934; 79-2936.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
A board of county commissioners has authority over county expenditures; however, the board must allow expenditures necessary to meet the statutory responsibilities of elected officials. The Board of County Commissioners of Shawnee County may require that monies allotted to a major service area (MSA) within the general budget be spent for services or goods that fall within that particular MSA. Because Shawnee County does not require that an elected official adhere to any specific line items within each MSA, once the Board of County Commissioners has designated funds to a particular MSA within an elected official's budget, the official may spend those funds for purposes within the MSA. The Board of County Commissioners may not, for current budget year purposes, override an expenditure decision by an elected official if the expenditure is within the bottom line amount for the MSA and the official complies with applicable county purchasing procedures. An elected county official may not incur indebtedness in excess of the established budget unless the additional expenditure is required by law or approved by the board of county commissioners. An elected county official should follow county purchasing procedures; however, a board of county commissioners may not require that an elected official obtain prior approval by the board for expenditures that are necessary for the elected official to carry out statutory duties. Cited herein: K.S.A. 19-212; 19-229; 79-2925; 79-2927; 79-2929; 79-2934; 79-2936.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
Pursuant to the requirements of K.S.A. 25-3602, the question set forth in K.S.A. 12-1,101 must be included in a petition authorized under K.S.A. 12-1,101. Because K.S.A. 12-1,101 makes a specific provision, it is not necessary to determine whether the question pertains to a single issue or proposition. Cited herein: K.S.A. 12-1,101; 25-3601; 25-3602.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The present assault and battery statutes are not adequate to prosecute an HIV infected individual who engages in conduct defined in 42 U.S.C.S. section 300ff-47. Senate Bill No. 287 with its proposed amendments would allow such a prosecution. Senate Bill No. 358 which redefines the crime of battery, combined with the criminal attempt statute when appropriate, may permit such a prosecution. Cited herein: K.S.A. 21-3301; 21-3408; 21-3412; 21-3414; 42 U.S.C.S. section 300ff-41; 42 U.S.C.S. section 300ff-47.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
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
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
By referring to "such office" in K.S.A. 25-4325, the Legislature intended that the number of signatures required on a petition seeking the recall of a local elected official be based on a percentage of the number of votes cast in the last general election at which an officer was elected from the same member district from which the officer sought to be recalled was elected. In the case of a petition seeking the recall of a city commissioner who was elected at-large in the 1997 general election, the petition must contain signatures equal in number to not less than 40% of the votes cast at the 1999 general election for all at-large candidates for city commissioner divided by the number of persons elected in the 1999 general election to the office of city commissioner for at-large districts. Cited herein: K.S.A. 25-4301; 25-4318; 25-4325; 71-1407; 72-8009; Kan. Const., Art. 4, section 3; L. 1976, Ch. 177, sections 5, 7; L. 1976, Ch. 178, sections 25, 32; L. 1913, Ch. 336, section 1.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Members of a credit union's board of directors, credit committee or supervisory committee may not be compensated for performing duties in such capacities, however reimbursement for incidental expenses may be paid as authorized by statute. Directors and committee members who are bona fide employees performing duties separate and apart from those prescribed by statute for directors and committee members may be compensated for their services. Cited herein: K.S.A. 17-2209; 17-2210; K.S.A. 1989 Supp. 17-2211.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
Documents related to an investigation conducted by an attorney for his or her client in order to provide legal advice to the client, may be closed under the Kansas Open Records Act because they are protected by the attorney-client privilege. Cited herein: K.S.A. 1998 Supp. 45-217; K.S.A. 1998 Supp. 45-221; 60-226; K.S.A. 60-426.
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Carla J. Stovall
Author: Carla J. Stovall
Author: American Bar Association. House of Delegates
Author: Carla J. Stovall
Author: Robert T. Stephan
Author: Carla J. Stovall