POLICE SERVICE PENSION — LIMITATION ON TRANSFER (1) A city or town may not require more service than is required by State statutes for eligibility for a police service pension. (2) The limitation on transfer of no more than five years of prior service time provided for in 11 Ohio St. 541x [11-541x] (1970), does not apply to a policeman who transferred to another department prior to July 29, 1969. The Attorney General has had under consideration your request for an opinion relating to city or...
TIME CREDITS — SPLIT SENTENCE — PERIOD OF CUSTODY No "time credits" whatsoever are to apply to the up to 90 days of custody ordered by a court when it gives a "split sentence" as authorized by 22 Ohio St. 991a [ 22-991a ] (1970). Further, this period of up to 90 days is not to be deducted from the up to five years or probation authorized by the same section. The Attorney General has had under consideration your recent letter which reads in pertinent part as follows: "Senate Bill 262 from the...
PROFESSIONAL CORPORATIONS A professional corporation may be formed under the Oklahoma Professional Corporation Act upon the filing of Articles of Incorporation by an otherwise qualified individual as incorporator. Any such corporation may after organization operate in Oklahoma with one director, who may also be the president, and such number of shareholders as it shall deem necessary and desirable, provided that each officer, director and shareholder is duly licensed to practice in Oklahoma the...
RESIDENTS OF PLATT NATIONAL PARK — RIGHT TO VOTE Residents of Platt National Park who meet the requirements of Article III , Section 1 Oklahoma Constitution, and who are properly registered to vote in their respective precincts, are entitled to exercise their right to vote in all appropriate elections. The Attorney General has had under consideration your letter in which you, in effect, ask the following question: Are persons who reside in Platt National Park and who are otherwise qualified...
COUNTY COMMISSIONERS — AUTHORITY TO LEASE COUNTY HOSPITAL If the Board of County Commissioners determines it is for the best interest of the county, they may lease the hospital and equipment therein to a public trust created under 60 Ohio St. 176 [ 60-176 ] — 60 Ohio St. 180 .3 [ 60-180.3 ] (1970) and 60 Ohio St. 179 [ 60-179 ] [ 60-179 ] (1961), of which the county is beneficiary without first having secured voter approval of the lease agreement. The Attorney General has had under...
SALARY INCREASE OF COUNTY SUPERINTENDENT OF SCHOOLS (1) All county superintendents of schools in Oklahoma are eligible to receive the salary increases provided by 70 Ohio St. 18 [ 70-18 ] — 70 Ohio St. 10A [70-10A] and 70 Ohio St. 1210 .53 [ 70-1210.53 ] [ 70-1210.53 ] (1970). (2) The State Board of Education can legally make payment to county superintendents from funds appropriated for the fiscal year of 1970, provided sufficient funds are available to pay such individuals. The Attorney...
FILING INSTRUMENT AFFECTING REAL ESTATE WHERE FEE PROPERLY PAID A county clerk is mandatorily required to file a financing statement, continuation statement, termination statement or assignment or release of financing statement, which contains an adequate legal description of land, and otherwise meets the requirements of law, in both the real estate tract index and the Uniform Commercial Code debtor's name index if the secured party tenders sufficient filing fees therefor and directs that same...
BOARD OF EDUCATION — NO AUTHORITY TO ACT AS LOCAL PUBLIC BODY OF NEIGHBORHOOD FACILITY A board of education of a school district in Oklahoma has no authority to act as the "local public body" of a "neighborhood facility" and vote bonds to finance one-third (1/3) the cost of such facility. Neither general fund money nor building fund money of a school district can be expended for such a facility. The Attorney General has had under consideration your request for an opinion wherein you ask: "1. Is...
PAPER BALLOTS USED WHERE VOTING MACHINE CAPACITY INADEQUATE The Tulsa County Election Board paper ballots must be used in the coming General Election to be held November 3, 1970. The Attorney General has had under consideration your opinion request wherein it is stated in an accompanying letter from the Tulsa County Election Board: "Tulsa County will have a programming problem with the voting machines for the coming General Election on November 3, 1970. "The ballot will have candidates from the...
MUNICIPAL JUDGE CANNOT BE ASSISTANT DISTRICT ATTORNEY An Assistant District Attorney cannot also hold a position as Municipal Judge. The Attorney General has had under consideration your request for an opinion on whether an Assistant District Attorney can also hold a position as Municipal Judge. You in effect ask us to reconsider two former opinions of this office, to wit: Opinion No. 67-124 and Opinion No. 69-185 (2 Okl. Op. A.G. 128), in the light of State ex rel. Blankenship v. Atoka County,...
BANISHMENT CONDITION OF PAROLE Banishment may properly be made a condition of a parole under Oklahoma law. The Attorney General has had under consideration your letter requesting an opinion of the Attorney General on: ". . . whether 'banishment' (parole which stipulates non-return to the granting state) is an acceptable procedure of Oklahoma law. We first of all note that your question relates only to banishment as a condition of parole. The general rule is that banishment is not a proper...
INTERLOCAL COOPERATION ACT — ECONOMIC DEVELOPMENT ASSOCIATIONS Economic development associations or other similar organizations formed by contract or agreement by various cities, counties and other subdivisions of local government in the State of Oklahoma under the provisions of the Interlocal Cooperation Act ( 74 Ohio St. 1001 [ 74-1001 ] — 74 Ohio St. 1008 [ 74-1008 ] (1969)) have power pursuant to Section 74 Ohio St. 1004 [ 74-1004 ](a) to perform "comprehensive land use planning" providing...
SALARY OF ASSISTANT DISTRICT ATTORNEY An assistant district attorney's salary may be not less than forty percent (40%) nor more than ninety percent (90%) of what his district attorney's salary was under 19 Ohio St. 215 .14 [ 19-215.14 ] (1969). The Attorney General has had under consideration your request for an opinion concerning salaries for assistant district attorneys. You particularly inquire as to the effect and meaning of the following language in 19 Ohio St. 215 .15 [ 19-215.15 ] (1970):...
RESIGNATION OF STATE SENATOR — FILLING OF VACANCY PROCEDURE The latest date which a Senator can resign when the legislature is not in session and still allow time for an election of a successor before the next legislature convenes is a date which would allow the Governor time to issue a proclamation fifteen days before a special primary election and also sufficient time after such election to conduct a special election. The Governor can issue a proclamation for a special election or special...
NEWSPAPER — PRINTING OUTSIDE COUNTY — QUALIFICATION TO PUBLISH LEGAL NOTICES A newspaper, otherwise qualified, may print outside its county for not more than 14 days on account of fire, accident, etc., or by reason of legal proceedings against the type, etc., without losing weeks already accumulated toward the 104 consecutive weeks initially required to become qualified to publish legal notices under 25 Ohio St. 106 [ 25-106 ] (1969). The word "qualified" in the last proviso of Section 106...
CERTIFICATION OF CHILDREN FOR CRIMINAL PROCEEDINGS Both males and females under eighteen years of age, although legally defined as children, may be prosecuted for crimes of which they are accused provided they are charged with delinquency and, after hearing, certified by the court for proper criminal proceedings as set out in 10 Ohio St. 1112 [ 10-1112 ] (1969). The Attorney General has had under consideration your recent letter which reads, in part, as follows: "Does HB No. 1296 of the Second...
OPINION — AG — ** RUBBER STAMP — FACSIMILE — NOTARY PUBLIC ** A NOTARY PUBLIC MAY USE A RUBBER STAMP AS HIS OFFICIAL SEAL AND COUNTY CLERK MAY ACCEPT FOR FILING A DOCUMENT SO NOTARIZED. (IMPRESSION, LEGAL INSTRUMENTS) CITE: 49 Ohio St. 101 [ 49-101 ] — 49 Ohio St. 109 [ 49-109 ], 49 Ohio St. 2 [ 49-2 ] (WILLIAM M. BONNELL)
NOTARY PUBLIC — USE OF RUBBER STAMP A notary public may use a rubber stamp as his official seal and a County Clerk may accept for filing a document so notarized. The Attorney General has had under consideration your letter of September 9, 1970, wherein you, in effect, ask: May a County Clerk accept for filing a document bearing a rubber stamp notary seal as opposed to the traditional metal notary seal which leaves an embossed impression on the instrument so sealed. Title 49 Ohio St. 2 [ 49-2 ] (...
ELECTION OF DISTRICT JUDGE — WITHDRAWAL OF OPPOSING CANDIDATE In a non-partisan election for District Judge where three candidates were in the first primary the candidate receiving the second highest number of votes can effectively withdraw within five days after said primary. Such withdrawal results in the election of the candidate receiving the highest number of votes in the primary and it is not necessary to place his name upon the ballot for the general election in November. The Attorney...
DEPUTY COURT CLERK — LAW LIBRARIAN A full-time deputy court clerk may not serve simultaneously as the librarian of a county law library and receive payment therefor from the Law Library Fund, but there would be no prohibition against such a person serving as librarian at times other than during the usual business hours of the court clerk's office and being compensated therefor out of the Law Library Fund. The Attorney General has had under consideration your letter of September 9, 1970, in...
