OPINION — AG — A MEMBER OF THE FREDERICK PLANNING COMMISSION IS AN OFFICER OF A MUNICIPAL SUBDIVISION AND FALLS WITHIN THE PROVISIONS OF 68 Ohio St. 1965 Supp., 2457 [ 68-2457 ], THAT NO PERSON SHALL BE APPOINTED TO THE COUNTY BOARD OF EQUALIZATION WHO "HAS BEEN AT ANY TIME DURING THE TWO (2) YEARS PRECEDING HIS APPOINTMENT AN OFFICER OF THE STATE, COUNTY, SCHOOL DISTRICT OR MUNICIPAL SUBDIVISION." CITE: 11 Ohio St. 1961 421 [11-421], 11 Ohio St. 1961 423 [11-423], 11 Ohio St. 1961 424 [11-424],...
** EMERGENCY FUND — RETIREMENT SYSTEM — DEFRAY CONTRIBUTIONS ** THE ATTORNEY GENERAL MAY NOT SUBSTITUTE HIS JUDGMENT FOR THAT OF THE STATE EMERGENCY FUND BOARD AS TO THE EXISTENCE OF AN EMERGENCY; AND IT IS FOR THE BOARD TO DETERMINE, IN EACH CASE, WHETHER THE FINDINGS SUBMITTED BY THE AGENCY ESTABLISH THAT AN EMERGENCY HAS ARISEN WHICH WAS NOT FORESEEN OR REASONABLY FORESEEABLE BY THE LEGISLATURE. THE BOARD'S DISCRETION SHOULD BE EXERCISE IN ACCORDANCE WITH THE LEGAL PRINCIPLES ANNOUNCED...
** THE COMMISSIONERS OF THE LAND OFFICE COULD LAWFULLY INVEST IDLE TRUST FUNDS IN THE FORM OF PUBLIC BUILDING AND GREER 33 FINDS IN SHORT TERM UNITED STATES TREASURY BILLS. CITE: OPINION NO. 64-309 (JAMES FUSON)
** COMMON CARRIERS — HAULING FOR THE STATE OF OKLAHOMA ** QUESTION: (REFERRING TO 13 Ohio St. 6 [ 13-6 ]) — WOULD THIS PREFERENCE IN PRICE ON HAULING MATERIALS FOR THE STATE OF OKLAHOMA BE SUBJECT TO FILING A PREFERENCE REDUCTION REQUEST WITH THE CORPORATION COMMISSION WHERE THE COMMON CARRIER IS BIDDING DIRECT WITH THE STATE OF OKLAHOMA AND THE CONTRACT PURCHASE ORDER ISSUED TO THE COMMON CARRIER IN THE COMPANY'S NAME AND PAYMENT DIRECT TO THE COMMON CARRIER FROM A CONTRACT PURCHASE ORDER....
** PUBLIC NOTICES — LEGAL NOTICES — ADJOINING COUNTY ** ALTHOUGH THE CUMULATIVE EFFECT OF 25 Ohio St. 102 [ 25-102 ], 25 Ohio St. 106 [ 25-106 ] AND RELEVANT CASE LAW IS TO REQUIRE PRINTING WITHIN THE COUNTY BEFORE A NEWSPAPER QUALIFIES UNDER THE STATUTES TO PUBLISH LEGAL NOTICES, 12 Ohio St. 75 [ 12-75 ] IS SUFFICIENT TO ALLOW A NEWSPAPER TO QUALIFY WHICH HAS ONE SECTION PRINTED IN THE COUNTY AND ONE SECTION PRINTED IN ANOTHER COUNTY. (JURISDICTION, DELIVERED, PUBLICATION, "PUBLISHED", "...
** PROHIBITION OF STANDARD OF LAW ENFORCEMENT OFFICERS ** QUESTION: IS THERE ANY CONSTITUTIONAL OR STATUTORY PROVISION WHICH PROHIBITS ESTABLISHMENT BY STATUTE MINIMUM STANDARDS FOR ALL LAW ENFORCEMENT OFFICERS IN THIS STATE SUCH AS THE SATISFACTORY COMPLETION, BEFORE ATTAINMENT OF PERMANENT JOB STATUS, OF A BASIC COURSE COMPARABLE TO THAT OFFERED BY THE SOUTHWEST CENTER FOR LAW ENFORCEMENT ANSWER: WE KNOW OF NO PROVISION OF STATUTE RELEVANT T A PROGRESSION FROM A TEMPORARY TO A PERMANENT JOB...
** CATTLE — RUNNING AT LARGE — LOOSE ** IS THERE ANY CRIMINAL PENALTY FOR PERMITTING CATTLE TO RUN AT LARGE IN OKLAHOMA THERE IS NO CRIMINAL STATUTE PRESENTLY IN EFFECT (1966) PROVIDING ANY CRIMINAL PENALTY FOR PERMITTING CATTLE TO RUN AT LARGE. 4 Ohio St. 98 [ 4-98 ] (1965) DOES PROVIDE FOR RECOVERY FOR CIVIL DAMAGES AGAINST THE OWNER OF DOMESTIC ANIMALS WHO ALLOW SUCH ANIMALS TO TRESPASS UPON THE LANDS OF ANOTHER. (LIVESTOCK, DESTRUCTION OF PROPERTY) CITE: 4 Ohio St. 98 [ 4-98 ] (W. J....
OPINION — AG — QUESTION(1): MAY THE COUNTY PARTICIPATE IN PROVIDING "AMBULANCE SERVICE" UNDER 19 Ohio St. 1965 Supp., 381 [ 19-381 ], AS AN "ENTERPRISE DESIGNED FOR THE COUNTY " — NEGATIVE, QUESTION(2): IF QUESTION(1) IS ANSWERED IN THE NEGATIVE, MAY THE COUNTY OPERATE AN "AMBULANCE SERVICE" WITHOUT PARTICIPATION BY ANY OTHER GROUP — NEGATIVE, QUESTION(3): COULD THE COUNTY ESTABLISH THE PLANT EQUIPMENT FOR AN "AMBULANCE SERVICE" AND LEASE IT TO A PRIVATE ORGANIZATION — NEGATIVE, QUESTION(4):...
OPINION — AG — ** INSPECTION — PUBLIC RECORDS ** (1) THE COURT 'CANNOT' DENY ACCESS TO ITS PUBLIC RECORDS EXCEPT ON CONDITION THAT THE REQUEST CONCERNS A PENDING CLAIM IN CONNECTION WITH A SPECIFIC EMPLOYEE. (2) THE COURT IS 'NOT' REQUIRED TO FURNISH OR ABSTRACT INFORMATION FROM ITS RECORDS UPON REQUEST OF ANY PERSON, OR TO FURNISH PERSONNEL FOR THE PURPOSE. (3) ANY MEMBER OF THE PUBLIC IS ENTITLED TO HAVE ACCESS TO THE PUBLIC RECORDS OF THE COURT, WITHOUT RESTRICTIONS AS TO DATE OR NUMBER, FOR...
OPINION — AG — QUESTION(1): CAN THE OKLAHOMA STATE BOARD OF EMBALMERS AND FUNERAL DIRECTORS ACCEPT THE CONFERENCE GRADES FOR A LICENSE — THE OKLAHOMA STATE BOARD OF EMBALMERS AND FUNERAL DIRECTORS MAY NOT DELEGATE ITS DUTY TO DETERMINE THE QUALIFICATIONS OF APPLICANTS FOR LICENSES ISSUED BY THE BOARD TO ANY INDEPENDENT AGENCY OR ASSOCIATION; HENCE, THE BOARD MAY NOT DELEGATE ITS DUTY TO DETERMINE THE GRADES OF AN APPLICANT ON A WRITTEN EXAMINATION TO SUCH OUTSIDE AGENCY IF SUCH GRADE WILL BE...
OPINION — AG — (1) EMPLOYEES OF THE OKLAHOMA EMPLOYMENT SECURITY COMMISSION, EITHER PERMANENT OR PROBATIONARY, WHO ARE MEMBERS OF THE OKLAHOMA NATIONAL GUARD OR ANY OTHER RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES AND WHO ARE ORDERED TO ACTIVE MILITARY DUTY IN THAT CAPACITY ARE ENTITLED TO PAYMENT OF THEIR REGULAR SALARY FOR THE FIRST THIRTY DAYS OF SUCH ACTIVE MILITARY SERVICE. EMPLOYEES OF THE COMMISSION WHO VOLUNTARILY ENLIST, OR WHO ARE INDUCTED INTO MILITARY SERVICE ARE...
OPINION — AG — (1) A TEACHER MAY BE PAID LEGALLY FROM SCHOOL DISTRICT FUNDS FOR THE REMAINDER OF THE 1965-66 SCHOOL YEAR (2) IF THE BOARD OF EDUCATION AND THE TEACHER CONTRACTED FOR THE ENSUING YEAR PRIOR TO MARCH 22, 1965, THE DATE OF THE TEACHER'S HUSBAND WAS ELECTED TO THE BOARD; AND THAT YOUR SECOND QUESTION BE ANSWERED IN THE NEGATIVE IF THE BOARD OF EDUCATION AND THE TEACHER CONTRACTED FOR THE ENSUING YEAR SUBSEQUENT TO MARCH 22, 1965, THE DATE OF THE TEACHER'S HUSBAND WAS ELECTED TO THE...
(1) EMPLOYEES OF THE OKLAHOMA EMPLOYMENT SECURITY COMMISSION, EITHER PERMANENT OR PROBATIONARY, WHO ARE MEMBERS OF THE OKLAHOMA NATIONAL GUARD OR ANY OTHER RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES AND WHO ARE ORDERED TO ACTIVE MILITARY DUTY IN THAT CAPACITY ARE ENTITLED TO PAYMENT OF THEIR REGULAR SALARY FOR THE FIRST THIRTY DAYS OF SUCH ACTIVE MILITARY SERVICE. EMPLOYEES OF THE COMMISSION WHO VOLUNTARILY ENLIST, OR WHO ARE INDUCTED INTO MILITARY SERVICE ARE ENTITLED TO NO...
OPINION — AG — QUESTION: CAN THE GAME AND FISH RANGERS BE COVERED BY A BLANKET BOND — NEGATIVE CITE: OPINION NO. 63-332, 29 Ohio St. 1961 110 [29-110] (LEE COOK)
OPINION — AG — THE SCHOOL BOARD IS NOT REQUIRED TO PAY THE SALARY OF A RE ELECTED OR NEW TEACHER IN HIS FIRST THIRTY (30) DAYS OF ABSENCE AS PROVIDED IN 70 Ohio St. 1961 , 6-4(D) [70-6-4], IF HE HAS CONTRACTED TO WORK FOR THE NEXT SCHOOL YEAR BUT IS UNABLE TO PERFORM ANY TEACHING DUTIES BECAUSE HE IS CALLED TO ACTIVE DUTY BEFORE SUCH SCHOOL YEAR BEGINS. CITE: ARTICLE X, SECTION 1, 70 Ohio St. 1961 , 6-1(E) [70-6-1], 70 Ohio St. 1961 , 18-4(M) [70-18-4] (ROBERT NAIFEH) ** SEE: OPINION NO. 76-161...
OPINION — AG — QUESTION: "IS THE GOVERNMENT TORT LIABILITY ACT, 11 Ohio St. 1965 Supp., 1751-1766 [11-1751] — [11-1766], IMPOSES A TORT LIABILITY UPON COUNTY GOVERNMENT IN OKLAHOMA " — NEGATIVE CITE: 11 Ohio St. 1965 Supp., 1752 [11-1752], ARTICLE XVIII, SECTION 1, ARTICLE XVIII, SECTION 2 (HARVEY CODY)
OPINION — AG — THE HUMAN RIGHTS COMMISSION MAY NOT EMPLOY A DIRECTOR TO SERVE FOR A SPECIFIC TERM. CITE: 74 Ohio St. 1965 Supp., 953 [ 74-953 ](A) (CHARLES OWENS)
OPINION — AG — THE OKLAHOMA INDUSTRIAL DEVELOPMENT AND PARK COMMISSION IS AUTHORIZED TO PLACE THE OLD WATERWAYS DIVISION UNDER THE NEW DIVISION OF PARKS, RECREATION, AND WATERWAYS. CITE: 63 Ohio St. 1961 801-824 [ 63-801 ] — [ 63-824 ] 63 Ohio St. 1961 801 [ 63-801 ], 74 Ohio St. 1965 Supp., 1101-1121 [ 74-1101 ] — [ 74-1121 ] (HARVEY CODY)
OPINION — AG — ** PARTNERSHIP — CERTIFICATE — FEES ** QUESTION: DOES HOUSE BILL NO. 356, WHICH, AMONG OTHER THINGS, REQUIRES A LIMITED PARTNERSHIP, WHICH IS REFERRED TO THEREIN, TO FILE IN YOUR OFFICE (SECRETARY OF STATE) A CERTIFICATE OF SUCH PARTNERSHIP DRAWN IN CONFORMITY WITH SECT. THREE OF THE ACT. WHAT FEE SHOULD BE CHARGED BY THE SECRETARY OF STATE FOR FILING THE SAME — YOU WOULD BE JUSTIFIED CHARGING A $3.00 FEE (EXPENSES, OFFICE, DOCUMENT, FILING) CITE: 18 Ohio St. 1 .247 [ 18-1.247 ],...
OPINION — AG — IT IS THEREFORE THE OPINION OF THE ATTORNEY GENERAL THAT YOU ARE CORRECT IN YOUR VIEW AS TO THE EXEMPTION OF SAID PROPERTY INVOLVED, AND ALL PROPERTY TO WHICH LEGAL TITLE IS IN A MUNICIPALITY IS EXEMPT FROM TAXES WITHOUT REGARD TO THE USE BEING MADE OF IT UNDER ARTICLE X , SECTION 6 OF THE OKLAHOMA CONSTITUTION, AND 68 Ohio St. 1965 Supp., 2405 [ 68-2405 ] (SAM HELLMAN) ** SEE: OPINION NO. 68-374 (1968) **
