** SANITY HEARING — EXPENSES PAID ** EXPENSES OF COUNTY MENTAL HEALTH PROCEEDINGS ARE PAYABLE OUT OF THE COUNTY GENERAL FUND WITH THE EXCEPTION OF EXPENSES FOR PROVIDING JURORS IN CERTAIN INSTANCES TO DETERMINE THE ISSUE OF MENTAL ILLNESS. (SANITY HEARING, INDIGENT, FEES, EXPENSES) CITE: 20 Ohio St. 1301 [ 20-1301 ], 20 Ohio St. 1311 [ 20-1311 ], 43A O.S. 54 [ 43A-54 ], 43A O.S. 55 [ 43A-55 ], 43A O.S. 75 [ 43A-75 ], 20 Ohio St. 91 .1 [ 20-91.1 ], 20 Ohio St. 91 .6 [ 20-91.6 ] (GARY F. GLASGOW)
** TEXTBOOKS — BID REQUIREMENTS — TEACHERS' EDITION — CREDIT ** THE LEGISLATURE, IN 70 Ohio St. 16 .3 [70-16.3] AS AMENDED BY 70 Ohio St. 16 -1 [70-16-1], 70 Ohio St. 16 -2 [70-16-2], 70 Ohio St. 16 -6 [70-16-6](A), 70 Ohio St. 16 -18 [70-16-18] INTENDED TEACHERS' EDITION TO COME WITHIN THE WORD "TEXTBOOK" OR "BOOK". SO LONG AS A RECORD IS MADE OF THE BOOKS DELIVERED TO A SCHOOL DISTRICT AND IT IS FURNISHED TO THE SCHOOL DISTRICT, THIS CONSTITUTES COMPLIANCE WITH THE AMENDMENT TO 70 Ohio St. 16...
** JUDGES — VACANCY — FILING — ANOTHER ELECTION — OFFICE ** BY FILING A NOTIFICATION OR DECLARATION OF CANDIDACY FOR AN ELECTIVE OFFICE, A JUSTICE OF THE PEACE VACATES HIS JUDICIAL OFFICE UNDER 26 Ohio St. 226 [26-226], 26 Ohio St. 227 .1 [26-227.1], 26 Ohio St. 162 [ 26-162 ](D), 26 Ohio St. 162 [ 26-162 ](F). A JUDICIAL OFFICER MAY FILE FOR ANOTHER ELECTIVE OFFICE WHILE HOLDING A JUDICIAL OFFICE, BUT WOULD AUTOMATICALLY VACATE HIS JUDICIAL POSITION FOR ANOTHER ELECTIVE OFFICE, ARE VALID ACTS,...
** COUNTY COMMISSIONERS — PROPERTY — CONVEYANCES ** THE COUNTY COMMISSIONERS OF MURRAY COUNTY MAY 'NOT' CONVEY REAL PROPERTY TO SULPHUR BELONGING TO SAID COUNTY TO INDEPENDENT SCHOOL DISTRICT I-1, SULPHUR, OKLAHOMA, FOR A SCHOOL DISTRICT BUILDING SITE WITHOUT ACCEPTING BIDS FROM THE GENERAL PUBLIC FOR SUCH PROPERTY. (GIVE, GRANT, SCHOOL, COUNTY PROPERTY) CITE: 19 Ohio St. 339 [ 19-339 ], 74 Ohio St. 1001 [ 74-1001 ] (1967), 74 Ohio St. 1004 [ 74-1004 ] 19 Ohio St. 344 [ 19-344 ], 19 Ohio St....
** COUNTY OFFICERS — CLASS A — CLASS B SALARIES ** UNDER 19 Ohio St. 180 .63 [ 19-180.63 ], THE BASIC SALARIES IN SECTION 19 Ohio St. 180 .62 [ 19-180.62 ] SUPRA, FOR COUNTIES OF THE SIZE AND TAX VALUATION OF MCCLAIN COUNTY ARE INCREASED TO PROVIDE FOR $4,105 FOR CLASS A OFFICERS AND $3,905 FOR CLASS B OFFICERS. HOWEVER, SINCE THE MINIMUM SALARIES PROVIDED IN 19 Ohio St. 180 .64 [ 19-180.64 ](A) (1968) FOR THE COUNTIES AND SIZE AND VALUATION OF MCCLAIN COUNTY ARE MORE THAN THE BASIC SALARY PLUS...
OPINION — AG — **** SPECIAL JUDGES — RETIREMENT SYSTEM — MEMBERSHIP **** SPECIAL JUDGES OF THE DISTRICT COURT (AS SUCH OFFICES CREATED EFFECTIVE JANUARY 13, 1969) ARE WITHIN THE PURVIEW OF THE UNIFORM RETIREMENT SYSTEM FOR JUSTICES AND JUDGES ( 20 Ohio St. 1968 Supp., 1101 [20-1101]) AND ARE THUS NOT WITHIN THE PURVIEW OF THE OKLAHOMA PUBLIC EMPLOYEES RETIREMENT SYSTEM. CITE: 20 Ohio St. 1968 Supp., 1101-1106 [20-1101] — [ 20-1106 ], ARTICLE VII, SECTION 11(C), 20 Ohio St. 1968 Supp., 1106 [ 20-...
Domesticated Corporation — Articles — Amendments — Fees A domesticated corporation must file with the Secretary of State a copy of amendments to its articles of incorporation filed in the state wherein it was formed, as provided by 18 Ohio St. 228 [ 18-228 ] and 18 Ohio St. 1 .230 [ 18-1.230 ] (1961). A domesticated corporation which has amended its articles to authorize the issuance of additional stock and to increase its authorized capital may apply against the additional fees required to be...
Vocational and Technical School District — Area — Board Membership A member of the Board of Education of an independent school district in Oklahoma may also be a member of the board of an area vocational and technical school district. Part IV, Section 7, of the Rules and Regulations of the State Board of Vocational and Technical Education is invalid insofar as it provides that the members of a board of education of an independent school district may serve as ex officio members of the board of...
Delinquents — Custody — Detention Centers No claim against the Court Fund may be authorized or approved as a per diem expense for the detention of children held in custody under order of the Court in accordance with the provisions of 10 Ohio St. 1107 [ 10-1107 ] — 10 Ohio St. 1108 [ 10-1108 ] (1968). Under 10 Ohio St. 51 [ 10-51 ] (1968), there is no authority for the Court to commit dependent and neglected or delinquent children to the care or custody of a County Sheriff. Therefore, he cannot...
Industrial Development Authority — Ad Valorem Tax It will be presumed that the said Authority was formed and created under the organic law of the city and pursuant to the provisions of 62 Ohio St. 653 [ 62-653 ] (1961), under the terms and provisions of 60 Ohio St. 176 [ 60-176 ] — 60 Ohio St. 180 [ 60-180 ] (1961); that a valid trust exists; and that the designated beneficiary thereof is the City of Vinita, Oklahoma. Therefore, property held by the Authority as trustee under a trust for the...
County Officers -Class A and B — Salaries Under 19 Ohio St. 180 .63 [ 19-180.63 ] (1968), the basic salaries in Section 19 Ohio St. 180 .62 [ 19-180.62 ], supra , for counties of the size and tax valuation of McClain County are increased to provide for $4,105 for Class "A" Officers and $3,905 for Class "B" Officers. However, since the minimum salaries provided for in 19 Ohio St. 180 .64 [ 19-180.64 ](A) (1968) for the counties of the size and valuation of McClain County are more than the basic...
Game Fish — Illegally Sold — Special Account The Wildlife Conservation Commission may establish an official depository account in the State Treasury pursuant to 62 Ohio St. 7 .2 [ 62-7.2 ] (1961), with the approval of the officials mentioned therein, for the purpose of providing funds to special agents of the Commission for purchasing illegally sold fish and game and for the purpose enumerated in the Oklahoma Constitution, Article XXVI , Section 4 The Attorney General has had under...
Tax Commission Employee — Private Tax Consultant The maintaining of taxpayer assistance limited to instructions on treatment and physical location in the return by Tax Commission during office hours, for taxpayers who may want to fill out their own returns, is not prohibited by 74 Ohio St. 1401 [ 74-1401 ] to 74 Ohio St. 1414 [ 74-1414 ] (1968). An employee of the Tax Commission, who regularly holds a position as auditor of taxpayer returns is prohibited from accepting employment or...
Legislators — Voting — Monetary Interest The fact of being a member of the Oklahoma Teachers' Retirement System and receiving retirement benefits from such system, while also being a member of the Oklahoma Legislature does not constitute sufficient personal or private interest under the terms of Section 24, Article V , Section 24 Oklahoma Constitution, as to make the provisions of said section applicable to such member in reference to a measure or bill pending in the Legislature on the subject...
Political Parties — Contributions Expenditures — Reports A county central committee is a "political party" as defined in 26 Ohio St. 423 .2 [26-423.2] (1968) and is required by Section 26 Ohio St. 423 .3 [26-423.3], supra , to report contributions. County central committees should file reports of contributions and expenditures required by Section 26 Ohio St. 423 .6 [26-423.6], supra , and designations (appointments) of agents and subagents required by Section 423.6, supra , as follows: (a) with...
Criminal Cases — Court Clerk — Fees Collected After January 13, 1969, no district attorney's fees are to be collected in a criminal case. Title 28 Ohio St. 153 [ 28-153 ] (1968), makes reference to such fees, but there is no law providing for such a fee. Section 38 is repealed effective January 13, 1969. Title 28 Ohio St. 151 [ 28-151 ] — 28 Ohio St. 152 [ 28-152 ] (1968), repealed 12 Ohio St. 932 [ 12-932 ] (1961) by implication and only those costs and fees authorized in Sections 151 and 152...
Outgoing County Commissioner — Vote — Lease Purchase Contracts Title 19 Ohio St. 333 [ 19-333 ](B) (1968) prohibits an outgoing County Commissioner from participating in a Board of County Commissioner's decision to make early payment of a lease-purchase contract which by its provision extends beyond the term of such commissioner. In your letter of November 18, 1968, you ask the following question: "May a County Commissioner, who is subject to the provisions of Oklahoma Statutes 1965, Title 19,...
Legislators — Retirement System — Contributions The Board of Trustees of the Public Employees Retirement System may require additional contributions, as calculated by the System's Actuary, from a member of the Legislature in order to fund the minimum retirement benefits provided by 74 Ohio St. 913 [ 74-913 ](d) (1968). The Attorney General has had under consideration your letter dated November 15, 1968, wherein you state the following: "The amount of employee and employer contributions received...
County Employee — Retired — District Court Reporter A person who is receiving benefits from a county retirement system (including a retired county officer, such as a court reporter) may lawfully be employed as a court reporter by the state to serve in courts provided for by new Article VII of the Oklahoma Constitution. The Attorney General has had under consideration your letter of October 22, 1968, wherein, after detailing certain pertinent facts, you ask the question: "May a person who is...
Criminal Appeals — Indigent — Court Appointed Attorney The judge in a county with a public defender may, as provided in 22 Ohio St. 1074 [ 22-1074 ] (1968), appoint a private lawyer to represent an indigent defender in a criminal action when it is not feasible or justice will not be served by having the public defender act as counsel on the appeal. The private counsel, when validly appointed, shall be paid an adequate compensation as fixed by the judge to be paid from the court fund. The...
