** CITIES AND TOWNS — LIABILITY — INSURANCE ** ALTHOUGH 11 Ohio St. 16 .4 [11-16.4] (1977) CONTAINS NO EXPRESS REQUIREMENT THAT CITY OR TOWN, SELF INSURED THEREUNDER, MAINTAIN A SUM OF MONEY IN A SEPARATE OR DISTINCT FUND TO PAY LIABILITY LOSSES AT THE STATUTORY RATE, ANY CITY OR TOWN PROPERLY SELF INSURED THEREUNDER, WOULD BE REQUIRED TO HAVE A SUFFICIENT SUM OF MONEY LEGALLY AVAILABLE TO IT FROM WHICH IT COULD PAY LIABILITY LOSSES AT THE STATUTORY RATE, AND THE METHOD AND DETAIL OF SUCH...
UNDER ARTICLE X , SECTION 10 OKLAHOMA CONSTITUTION, AND 62 Ohio St. 331 [ 62-331 ] AND 62 Ohio St. 333 [ 62-333 ], AND 68 Ohio St. 2489 [ 68-2489 ], THE TERM "CITIES" ALSO INCLUDE TOWNS AND A CITY MAY, UPON MAJORITY VOTE OF ITS ELECTORS, LEVY A TAX UNDER ARTICLE X, SECTION 10 FOR A SPECIFIC NUMBER OF YEARS AND ACCUMULATE THE PROCEEDS FROM THE TAX IN A "BUILDING FUND" FOR THE SPECIFIC PURPOSE OF ERECTING PUBLIC BUILDINGS OR FOR PURCHASING FURNITURE; BUT A CITY CANNOT USE THE FUNDS RAISED FROM...
** CITIES AND TOWNS — RESIDENTS OF COUNTY ** UNDER 11 Ohio St. 22-127 [ 11-22-127 ] — A MUNICIPALITY OF LESS THAN FIVE THOUSAND(5,000) POPULATION MAY BY A PROPERLY ENACTED ORDINANCE REQUIRE ITS EMPLOYEES NOT BE A RESIDENT OF SUCH MUNICIPALITY, BUT A MUNICIPALITY OF FIVE THOUSAND (5,000) POPULATION OR MORE MAY NOT IMPOSE SUCH REQUIREMENT. (RESIDENCY) CITE: 11 Ohio St. 571 [11-571], 11 Ohio St. 160 [11-160], 11 Ohio St. 22-127 [ 11-22-127 ] (MICHAEL JACKSON)
OPINION — AG -A BOARD OF TRUSTEES OF A FIREMAN'S RELIEF AND PENSION FUND IS AUTHORIZED UNDER THE TERMS AND PROVISIONS OF 11 Ohio St. 49-129 [11-49-129] TO INVEST PENSION MONIES IN "INVESTMENT ONLY" TYPE CONTRACTS SOLD BY INSURANCE COMPANIES AND APPROVED BY THE INSURANCE COMMISSIONER OF THE STATE OF OKLAHOMA, PROVIDED THAT THE BOARD CONSIDERS SUCH "INVESTMENT ONLY" CONTRACTS TO BE APPROPRIATE FOR THE INVESTMENT OF TRUST FUNDS AND SUCH INVESTMENTS ARE MADE IN THE EXERCISE OF THE BOARD'S JUDGEMENT...
OPINION — AG — ** DUAL OFFICE HOLDING — SCHOOL BOARD — RURAL COOPERATIVE ** A SCHOOL BOARD MEMBER 'MAY' SERVE AS A BOARD MEMBER, OR MEMBER OTHERWISE, OF A NON PROFIT RURAL WATER DISTRICT. A SCHOOL BOARD MEMBER MAY ALSO SERVE AS A BOARD MEMBER OF A RURAL ELECTRIC COOPERATIVE. A SCHOOL BOARD MEMBER WHO IS A MEMBER OF A NON-PROFIT RURAL WATER DISTRICT 'MAY' SERVE AS A MAINTENANCE MAN OF A RURAL WATER DISTRICT. ** NOTE: SEE OPINION NO. 83-158 — WHICH WITHDRAWS CERTAIN PARTS OF THIS OPINION ** (DUAL...
The Attorney General is in receipt of your request for an opinion wherein you ask, in effect, the following question: Can a "one bank holding company" contract to guarantee on behalf of its state bank subsidiary a minimum rate of return on funds placed with the bank from a retirement plan for the benefit of a public trust's employees Generally speaking, no state bank may guarantee to any depositor a rate of interest or return on funds deposited with the bank in excess of those specified by...
OPINION — AG — A MUNICIPALITY IS PERMITTED TO REGULATE CONTROL AND MAKE IMPROVEMENTS UPON STREETS, ROADS AND OTHER PUBLIC WAYS WITHIN ITS CORPORATE LIMITS; BUT A STREET WHICH IS A CONTINUATION OF THE STATE HIGHWAY SYSTEM WHICH IS INCLUDED IN A PROJECT PROPOSED FOR AN IMPROVEMENT BY A CITY WOULD BE SUBJECT TO THE FINAL DISCRETION OF THE OKLAHOMA DEPARTMENT OF TRANSPORTATION. (HIGHWAY) CITE: 11 Ohio St. 1971 , 36-101 [ 11-36-101 ]/ 11 Ohio St. 1971 , 36-112 [ 11-36-112 ]/ 69 Ohio St. 1971 901 [...
STATE OFFICERS AND EMPLOYEES Employees of the Oklahoma Employment Security Commission and the Department of Public Safety are considered "public employees" under the intent of 74 Ohio St. 901 [ 74-901 ] et seq. (1971). Therefore, any retirement benefits received are considered exempt from taxation by the State of Oklahoma pursuant to 74 Ohio St. 923 [ 74-923 ] (1971). If such payment was made through mistake of law, the employee may file with the Tax Commission a verified claim for refund of...
STATE OFFICERS AND EMPLOYEES Under the provisions of 74 Ohio St. 285 [ 74-285 ](46) (1978) note, the committee, elected to meet with the school administration for the purpose of determining a salary schedule, must be a committee elected by classroom teachers specifically for the purpose of determining a salary schedule pursuant to meetings and conferences with the school administration. Any selected committee of classroom teachers previously elected or created for any other purpose would not...
STATE OFFICERS AND EMPLOYEES The Oklahoma Tax Commission may employ licensed attorneys, unclassified by 74 Ohio St. 803 .5 [74-803.5] (1978), in addition to the "General Counsel and six attorneys" set out by 68 Ohio St. 105 [ 68-105 ] (1978), to perform administrative and related duties provided they do not represent the Commission in an attorney-client relationship whether it be advisory or in litigation. The Attorney General is in receipt of your opinion request where you ask, in effect, the...
PROPERTY Providing assistance to persons or families of low to moderate income within a county in obtaining and financing housing by issuing obligations and undertaking a program of housing finance, constitutes an "authorized and proper function or purpose" of a public trust having a county as its beneficiary, within the meaning of 60 Ohio St. 176 [ 60-176 ] (1978). The Attorney General has considered your request for an opinion wherein you ask the following question: "Does providing assistance...
REVENUE AND TAXATION A printed newspaper advertising supplement, which is incorporated into and distributed with a newspaper, whether printed by that newspaper or by an independent printing contractor, is an integral part of the newspaper advertising space and therefore exempt from the sales tax imposed by the State of Oklahoma under the statutory exemption contained in 68 Ohio St. 1305 [ 68-1305 ](n) (1975). The Attorney General has considered your request for an opinion, in which you ask the...
MOTOR VEHICLES Oklahoma Motor Vehicle Commission. A corporate entity that contracts with franchised and licensed dealers in Oklahoma to supply automobiles for resale through "brokers" holding contracts with the corporate entity who contracts buyers for the automobiles is subject to the licensing provisions of 47 Ohio St. 561 [ 47-561 ] et seq. (1978), as a "Motor Vehicle Salesman" but not as a "Motor Vehicle Dealer". It is further the opinion of the Attorney General that the "broker" is subject...
PROFESSIONS AND OCCUPATIONS When a school district erects an educational building and the costs of such building exceed the sum of Forty Thousand Dollars ($40,000.00) and the district has an engineer in attendance, the district is not required under the provisions of House Bill #1747 to employ an architect, since under the provisions of said House Bill #1747 and 59 Ohio St. 475 .2 [ 59-475.2 ] (1971), the services of either a licensed architect or a registered engineer would suffice. The...
ELECTIONS An employer who fails, refuses or neglects to assign or select the hours in which an employee who has satisfied the requirements as set out in 26 Ohio St. 7-101 [ 26-7-101 ] (1977) may be absent from his duty for the purpose of voting is in violation of the provisions of 26 Ohio St. 7-101 [ 26-7-101 ] (1977). The provisions of 26 Ohio St. 7-101 [ 26-7-101 ] (1977) impose upon the employer the duty of selecting the hours in which employees complying with the provisions thereof are to...
STATE OFFICERS AND EMPLOYEES The line item limitations placed on the Office of Examiner and Inspector do not apply to the funds transferred to the Office of Auditor and Inspector. The Attorney General is in receipt of your request for an opinion wherein you ask the following question: Do the line item limitations placed on the Office of Examiner and Inspector apply to the funds transferred to the Office of Auditor and Inspector As you point out in your request for an opinion, House Bill 1545,...
PROFESSIONS AND OCCUPATIONS The Board of Embalmers and Funeral Directors may not, by rule, regulation or policy, prohibit an applicant from serving as an apprentice while enrolled as a student so long as the applicant serves the apprenticeship period either before or subsequent to graduation from a school of mortuary science. An individual may not be issued an Embalmer or Funeral Directors' License unless such person has obtained a diploma or other evidence of completion of courses of study...
OPINION — AG — ** PROFESSIONS AND OCCUPATIONS ** (1) THE BOARD OF EMBALMERS AND FUNERAL DIRECTORS MAY NOT, BY RULE, REGULATION OR POLICY, PROHIBIT AN APPLICANT FROM SERVING AS AN APPRENTICE WHILE ENROLLED AS A STUDENT SO LONG AS THE APPLICANT SERVES THE APPRENTICESHIP PERIOD EITHER BEFORE OR SUBSEQUENT TO GRADUATION FROM A SCHOOL OF MORTUARY SCIENCE. (2) AN INDIVIDUAL MAY NOT BE ISSUED AN EMBALMER OR FUNERAL DIRECTOR'S LICENSE UNLESS SUCH PERSON HAS OBTAINED A DIPLOMA OR OTHER EVIDENCE OF...
BANKS AND TRUST COMPANIES The provisions of 6 Ohio St. 803H [6-803H](5) (1977) do not require that committed but unadvanced loans be included within the statutory limits placed on the financing of construction loans for industrial or commercial buildings. The Attorney General is in receipt of your request for an opinion wherein you ask substantially the following question: Do the provisions of 6 Ohio St. 803H [6-803H](5) (1977), which limits bank loans for construction of industrial buildings...
SCHOOLS The non-tuition, no-charge provision of Section 13, House Bill 1524, Second Regular Session, Thirty-sixth Oklahoma Legislature, Ch. 94 , O.S.L. 1978, "Displaced Homemakers Act" relates only to services and programs rendered through the displaced homemakers center and does not extend to other services or programs provided through separate or independent agencies or institutions such as the educational curriculum offered as part of the regular vocational education program. The Attorney...
