** PART II ** III. OMC MUST DEVELOP STANDARDS FOR THE PURCHASE OF PRODUCTS CONSISTENT WITH THE REQUIREMENTS OF 74 Ohio St. 85 . 12 (1991). IN YOUR THIRD QUESTION YOU ASK WHETHER THE OMC MAY SELECTIVELY CHOOSE VENDORS TO WHOM IT WISHES REQUESTS FOR COMPETITIVE BIDS BE SUBMITTED. BECAUSE OMC HAS BEEN GRANTED AN EXEMPTION FROM THE CENTRAL PURCHASING ACT, IT IS NOT NECESSARY FOR OMC TO COMPLY WITH COMPETITIVE BID REQUIREMENTS. STILL, 74 Ohio St. 85 .12 (1992) SPECIFIES CERTAIN SAFEGUARDS FOR THE...
** PART I ** RE: FEDERAL ARBITRAGE RESTRICTIONS. THE FOLLOWING INFORMAL MEMORANDUM WAS PREPARED IN RESPONSE TO QUESTIONS PRESENTED BY THE SECRETARY OF EDUCATION DURING THE OCTOBER 22, 1991 MEETING OF THE OKLAHOMA COMMISSION ON SCHOOL AND COUNTY FUNDS MANAGEMENT ("COMMISSION"). THE MEMORANDUM IS INTENDED TO IDENTIFY, DESCRIBE AND EXPLAIN IN GENERAL TERMS THE FEDERAL TAX RESTRICTIONS APPLICABLE TO THE ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BY OKLAHOMA SCHOOL DISTRICTS AND COUNTIES. THE...
** PART II ** B. REASONABLE EXPECTATIONS. THE DETERMINATION OF AN ENTITY'S MAXIMUM CUMULATIVE CASH FLOW DEFICIT IS BASED UPON THE ISSUER'S REASONABLE EXPECTATIONS CONCERNING CERTAIN FUTURE EVENTS. THESE FUTURE EVENTS INCLUDE INTER ALIA THE ANTICIPATED LEVEL OF REVENUES, THE EXPECTED DATE THE REVENUES WILL BE RECEIVED AND THE ANTICIPATED AMOUNT AND TIMING OF EXPENDITURES. THE REGULATIONS DO NOT SPECIFICALLY ADDRESS WHAT MAKES AN EXPECTATION "REASONABLE." NEVERTHELESS, IT IS CLEAR THAT TO BE "...
RE: REQUEST TO SUPPLEMENT ATTORNEY GENERAL OPINION 87-073 ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR RECENT REQUEST IN WHICH YOU ASK, IN EFFECT: DO THE LAWS PROHIBITING OKLAHOMA HORSE RACE COMMISSION MEMBERS AND THEIR IMMEDIATE FAMILIES FROM RECEIVING PURSES, STAKES, AWARDS, STALLION AWARDS, OR MARES AWARDS PAID OUT OF THE OKLAHOMA-BREEDING DEVELOPMENT REVOLVING FUND, EXTEND TO MEMBERS OF THE COMMISSION STAFF AS WELL IN YOUR LETTER OF INQUIRY YOU ASK WHETHER THIS OFFICE WILL, BY...
THE ATTORNEY GENERAL HAS ASKED THAT I RESPOND TO YOUR REQUEST FOR AN INFORMAL OPINION ADDRESSING WHETHER THE USE OF CERTAIN FUNDING TECHNIQUES FOR STATE EXPENDITURE OF FEDERAL FUNDS IS CONSISTENT WITH ARTICLE X , SECTION 23 OF THE OKLAHOMA CONSTITUTION. THE DISCUSSION WHICH FOLLOWS IS NOT A FORMAL OPINION OF THE ATTORNEY GENERAL. RATHER, THE ANALYSIS AND CONCLUSIONS ARE THOSE OF THE UNDERSIGNED, REACHED AFTER CAREFUL RESEARCH OF THE QUESTION PRESENTED BY YOUR LETTER. GENERAL BACKGROUND THE CASH...
** PART II ** ADDITIONALLY, IT IS IMPORTANT TO NOTE THAT THE LEGISLATURE IS SILENT AS TO ANNEXATION IN ITS 1992 AMENDMENT TO 70 Ohio St. 5-117 . THIS IS TRUE EVEN THOUGH IT HAD THE OPPORTUNITY TO EXPRESSLY INCLUDE ANNEXING DISTRICTS IN ITS AMENDMENT AND HAS INDICATED ITS RECOGNITION OF THE DIFFERENCE BETWEEN CONSOLIDATION AND ANNEXATION IN OTHER RELATED ENACTMENTS, SEE, 70 Ohio St. 7-201 (1991) ET SEQ., AS AMENDED. IT HAS LONG BEEN HELD THAT LEGISLATIVE SILENCE, WHEN IT HAS AUTHORITY TO SPEAK,...
THE ATTORNEY GENERAL HAS ASKED ME TO RESPOND TO YOUR LETTER REQUESTING AN OPINION ADDRESSING, IN EFFECT, THE FOLLOWING QUESTIONS: IS THE DRILLING AND COMPLETION OF NON-DOMESTIC FRESH GROUNDWATER WELLS, WITH AN INTENT TO WITH RAW AND USE WATER FROM THE WELLS WITHOUT FIRST HAVING APPLIED FOR AND OBTAINED A PERMIT AUTHORIZING THE DRILLING AND COMPLETION OF SUCH WELLS, A VIOLATION OF 82 Ohio St. 1020 .7 AND 82 Ohio St. 1020 .15 (1991) SINCE YOUR QUESTION INVOLVES SOLELY A MATTER OF STATUTORY...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR LETTER OF DECEMBER 4, 1992, ASKING, IN EFFECT: WHAT LIABILITY, IF ANY, WOULD A CITY OF THIS STATE INCUR IF AN INDIVIDUAL VOLUNTEERS TO WORK FOR THE CITY IN AN EFFORT TO PAY OFF A FINE, AND THAT PERSON SUSTAINS AN INJURY DURING THE COURSE OF SUCH WORK BECAUSE YOUR REQUEST INVOLVES QUESTIONS OF FACT, THIS OFFICE HAS DETERMINED YOUR REQUEST SHOULD BE ANSWERED THROUGH THIS INFORMAL LETTER. THE DISCUSSION WHICH FOLLOWS IS NOT AN OFFICIAL...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR RECENT REQUEST FOR AN ATTORNEY GENERAL OPINION REGARDING THE DUTY, IF ANY, OF A BOARD OF COUNTY COMMISSIONERS TO MAINTAIN AND IMPROVE THE STREETS OF A MUNICIPALITY UNDER THE PROVISIONS OF 11 Ohio St. 36-113 (1991). THE PROVISIONS OF 11 Ohio St. 36-113 HAVE BEEN CONSTRUED PREVIOUSLY IN SEVERAL ATTORNEY GENERAL OPINIONS, AND THE PRIMARY ISSUE NOW RAISED IN YOUR REQUEST IS ADDRESSED BY CLEARLY APPLICABLE STATUTORY LAW. ALSO, THE PROVISIONS OF...
THE ATTORNEY GENERAL HAS REQUESTED THAT I RESPOND TO YOUR REQUEST FOR AN OFFICIAL OPINION ASKING, IN EFFECT: WHETHER THE CHARTER OF THE CITY OF SHAWNEE ALLOWS FOR THE CITY TO PAY THE COST OF HEALTH AND ACCIDENT INSURANCE FOR THE ELECTED OFFICIALS OF THE CITY. IT APPEARS THAT WE ARE UNABLE TO RESPOND TO YOUR INQUIRY BY THE ISSUANCE OF A FORMAL OPINION BECAUSE YOUR QUESTION REFERS TO A MATTER INVOLVING A CITY WHICH IS GOVERNED BY A CITY CHARTER, AND THE INTERPRETATION OF CITY CHARTERS IS IN THE...
** PART II ** III. THE EFFECT OF WAGES YOU NEXT INQUIRE WHETHER THE FACT THAT INMATES RECEIVE WAGES FOR THEIR WORK AFFECTS THE CONSTITUTIONALITY OF CONTRACTS INVOLVING INMATE LABOR. THE COURT'S CONSTITUTIONAL ANALYSIS IN RICE V. STATE OF OKLAHOMA DID NOT INCLUDE THE FACT THAT INMATES MAY RECEIVE COMPENSATION FOR THEIR SERVICES. IN FACT, WAGES ARE MERELY A PRIVILEGE PROVIDED TO MOST EMPLOYED INMATES TO FURTHER SUCH OBJECTIVES AS DISCIPLINE, REHABILITATION, AND REFORMATION. CUMBEY V. STATE OF...
ATTORNEY GENERAL LOVING HAS RECEIVED YOUR REQUEST FOR AN INFORMAL OPINION IN WHICH YOU ASKED, IN EFFECT: 71. IS THERE A PROHIBITION OR CONFLICT OF INTEREST FOR THE EXECUTIVE DIRECTOR OF VERD ARK CA CERTIFIED DEVELOPMENT CORPORATION TO SERVE AS LEGAL COUNSEL TO THE EASTERN OKLAHOMA DEVELOPMENT DISTRICT (EODD), ALSO KNOWN AS THE COUNSEL OF LOCAL GOVERNMENTS OR SUB-STATE PLANNING AND ECONOMIC DEVELOPMENT DISTRICT 2. IS THERE A PROHIBITION OR CONFLICT OF INTEREST FOR VERD ARK CA BOARD MEMBERS TO...
ATTORNEY GENERAL LOVING HAS RECEIVED YOUR LETTER OF JULY 17, 1992, REQUESTING AN INFORMAL ATTORNEY GENERAL OPINION ADDRESSING, IN EFFECT, THE FOLLOWING QUESTION: IN VIEW OF HOUSE BILL 1973, MAY THE AD VALOREM TASK FORCE INCREASE THE SALARY OF ITS COORDINATOR MORE THAN 5% UP TO THE MAXIMUM PROVIDED FOR IN SECTION 6 OF H.B. 2422 THE ATTORNEY GENERAL HAS ASKED THAT I RESPOND TO YOUR REQUEST FOR AN INFORMAL OPINION CONCERNING THE ABOVE-REFERENCED QUESTION. TO PROVIDE A COMPLETE ANSWER TO YOUR...
THE ATTORNEY GENERAL HAS ASKED THAT I RESPOND TO YOUR RECENT REQUEST FOR AN OPINION ADDRESSING WHETHER THE COMPUTATION OF THE MILL LEVY MANDATED BY 19 Ohio St. 177 .2 (1991) IS AFFECTED BY THE RESERVE FOR DELINQUENT TAXES ESTABLISHED BY 68 Ohio St. 3017 (1991). BECAUSE YOUR QUESTION MAY BE ANSWERED BY REVIEWING THESE STATUTES AND APPLYING BASIC RULES OF STATUTORY CONSTRUCTION, THIS OFFICE HAS DETERMINED THAT YOUR INQUIRY SHOULD BE ADDRESSED THROUGH THIS INFORMAL LETTER. BY WAY OF GENERAL...
ATTORNEY GENERAL LOVING HAS REQUESTED THAT I RESPOND TO YOUR LETTER DATED JANUARY 7, 1992, ASKING IF A STATE EMPLOYEE MAY ALSO SERVE ON A CITY COUNCIL. DUE TO THE FACT THAT SEVERAL PRIOR OPINIONS ISSUED BY THIS OFFICE ANSWER YOUR QUESTION, IT IS NEITHER NECESSARY NOR APPROPRIATE FOR THIS OFFICE TO ISSUE A FORMAL OPINION RELATIVE TO YOUR INQUIRY. IN ADDITION, THE ANSWER TO YOUR QUESTION MAY DEPEND ON CERTAIN FACTUAL NUANCES, THEREFORE, A FORMAL OPINION IS NOT APPROPRIATE. DUAL OFFICE HOLDING IS...
RE: STATE QUESTION 640'S EFFECT ON THE HEAT COMMISSION'S AUTHORITY TO INCREASE FEES AND/OR ELIMINATE THE REFUND OF SAID FEES. ATTORNEY GENERAL LOVING HAS ASKED THAT I RESPOND TO YOUR REQUEST FOR AN OPINION REGARDING THE EFFECT OF THE PASSAGE OF STATE QUESTION 640 ON THE FEES COLLECTED ON WHEAT BY THE OKLAHOMA WHEAT COMMISSION. DUE TO THE NUMBER AND FACTUAL SPECIFICITY OF YOUR QUESTIONS, I WILL ANSWER EACH QUESTION SERIALLY. 1. DO CHANGES (I.E. INCREASES) IN THE FEE ON WHEAT COLLECTED PURSUANT...
ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR REQUEST FOR AN INFORMAL OPINION ADDRESSING, IN EFFECT, THE FOLLOWING QUESTIONS: 1. DOES THE WHEAT COMMISSION HAVE THE AUTHORITY TO REFUSE TO REISSUE REFUND WARRANTS THAT HAVE BEEN CANCELED 90 DAYS FROM DATE OF ISSUANCE BY OPERATION OF STATUTE 2. IF THE COMMISSION DOES NOT HAVE THIS AUTHORITY, IS THERE A STATUTE OF LIMITATIONS CONTROLLING REISSUANCE OF CANCELED WARRANTS BECAUSE THESE QUESTIONS CAN BE ANSWERED BY REFERENCE TO A CLEARLY...
THE ATTORNEY GENERAL HAS ASKED ME TO RESPOND TO YOUR REQUEST FOR AN OPINION ADDRESSING, IN EFFECT, THE FOLLOWING QUESTIONS: 1. CAN AN ELECTED COURT CLERK BE APPOINTED BY THE BOARD OF TRUSTEES OF A COUNTY LAW LIBRARY TO SERVE AS LAW LIBRARIAN OF THE COUNTY LAW LIBRARY 2. CAN THE COURT CLERK SERVING AS LAW LIBRARIAN BE COMPENSATED FOR THE WORK AS LIBRARIAN BECAUSE YOUR QUESTIONS CAN BE ANSWERED BY REFERENCE TO OKLAHOMA STATUTES AND EXISTING ATTORNEY GENERAL OPINIONS, A FORMAL OPINION IS NOT...
** PART II ** THESE SECTIONS HAVE BEEN CONSTRUED TOGETHER PREVIOUSLY IN COURT CASES AND PRIOR ATTORNEY GENERAL OPINIONS WHEREIN 19 Ohio St. 162 AND 19 Ohio St. 180 .65 WHERE CONSTRUED TOGETHER SO AS TO GIVE EFFECT TO EACH. SEE PETUSKEY V. CANNON, 742 P.2D 1117 (OKLA.1987); A.G. OPIN. NO.'S 83-200, 80-269 AND 80-295. IN A.G. OPIN. NO. 76-182, THE ATTORNEY GENERAL CONSTRUED 162 AND 19 Ohio St. 180 .65 TOGETHER IN RELATION TO A QUESTION CONCERNING THE APPOINTMENT OF DEPUTY SHERIFFS. HE OPINED THAT...
** PART II ** THE HARSH RESULTS REACHED BY THE APPLICATION OF THE FOREGOING RULES WERE LESSENED SOMEWHAT BY LATER CASES WHEREIN THE OKLAHOMA SUPREME COURT BROADENED THE DEFINITION OF PUBLIC PURPOSE AND RELIED MORE HEAVILY ON TIME-HONORED PRINCIPLES REQUIRING GREAT DEFERENCE TO LEGISLATIVE JUDGMENT, A PRESUMPTION OF VALIDITY AS TO LEGISLATIVE ENACTMENTS AND PROHIBITING A FINDING OF UNCONSTITUTIONALITY UNLESS THE STATUTE IS CLEARLY UNCONSTITUTIONAL. THE COURT SPECIFICALLY INCORPORATED ALL OF...
