(1) THE STATE BOARD OF PUBLIC AFFAIRS IS REQUIRED TO COMPLY WITH THE PROVISIONS OF COMPETITIVE BIDDING ACT, 61 Ohio St. 101 [ 61-101 ] ET SEQ., AS AMENDED, IN ALL CONTRACTS IN EXCESS OF $7,500, THE PURPOSE OF WHICH IS TO IMPROVE, REPAIR OR CONSTRUCT PUBLIC BUILDINGS, INCLUDING THE ENHANCEMENT OF VALUE, BEAUTY, UTILITY OR ADOPTION TO NEW OR FURTHER PURPOSE. WHETHER A SPECIFIC CONTRACT IS SUBJECT TO THE COMPETITIVE BIDDING ACT IS A QUESTION OF FACT. (2) THE STATE BOARD OF PUBLIC AFFAIRS IS...
BOARDS OF EDUCATION MUST LET ALL CONTRACTS FOR ERECTING ANY PUBLIC BUILDINGS OR MAKING ANY IMPROVEMENTS UPON A BASIS OF SEALED PROPOSALS TO THE LOWEST RESPONSIBLE BIDDER AS REQUIRED BY 70 Ohio St. 5-123 [ 70-5-123 ], PROVIDED, A SCHOOL DISTRICT IS NOT PROHIBITED FROM ERECTING A BUILDING OR MAKING IMPROVEMENTS ON A FORCE ACCOUNT BASIS. THE FORCE ACCOUNT BASIS MEANS THAT A DISTRICT IN SO ERECTING OR IMPROVING USES ITS OWN EMPLOYEES AND PURCHASES ITS OWN MATERIALS AND LEASES THE NECESSARY...
OPINION — AG — ** APPROPRIATIONS BILLS — CONSTITUTIONALITY — ONE SUBJECT RULE ** (1) BY REASON OF THE REQUIREMENTS OF ARTICLE V, SECTION 56, ARTICLE V, SECTION 57 — APPROPRIATIONS FOR THE EXPENSES OF THE EXECUTIVE, LEGISLATIVE AND JUDICIAL DEPARTMENTS OF GOVERNMENT MUST BE CONTAINED IN A SINGLE GENERAL APPROPRIATIONS BILL WHICH MAY 'NOT' CONTAIN ANY OTHER APPROPRIATIONS OR GENERAL LEGISLATION. (2) ALL OTHER APPROPRIATION OR GENERAL LAWS EXCEPT THOSE LAWFULLY ENCOMPASSED WITHIN THE GENERAL...
OPINION — AG — (1) SENATE BILL NO. 265, LAWS. 1980, CH. 352, SECT. 34, IMPOSES A DUTY UPON EACH MUNICIPALITY HAVING A FIREFIGHTERS' PENSION AND RETIREMENT FUND TO TRANSFER THE INTEREST EARNED BY SUCH FUND TO THE STATE BOARD. (2) EXPENDITURES MADE FROM THE FIREFIGHTERS' PENSION AND RETIREMENT FUNDS HELD BY MUNICIPALITIES THROUGH JULY 1, 1981, MUST BE SOLELY FOR THE PAYMENT OF SUCH BENEFITS AS ARE AUTHORIZED BY 11 Ohio St. 49-101 [ 11-49-101 ] (CITIES AND TOWNS) CITE: 11 Ohio St. 1978 Supp., 49-...
OPINION — AG — IT IS A VIOLATION OF THE OKLAHOMA CODE OF ETHICS FOR THE OKLAHOMA HISTORICAL SOCIETY TO CONTRACT WITH AND PAY SUMS TO ANOTHER GOVERNMENTAL ENTITY OR BUSINESS WHEN THAT ENTITY OR BUSINESS EMPLOYS A MEMBER OF THE SOCIETY'S BOARD OF DIRECTORS UNLESS SAID CONTRACT IS MADE AFTER PUBLIC NOTICE AND COMPETITIVE BIDDING. (CONFLICT OF INTEREST) CITE: 53 Ohio St. 1971 6 [ 53-6 ], 74 Ohio St. 1971 1401 [ 74-1401 ], 74 Ohio St. 1971 1402 [ 74-1402 ], 74 Ohio St. 1403 [ 74-1403 ](C), 74 Ohio...
The Attorney General is in receipt of your request for an opinion wherein you ask, in effect, the following question: Are supervisors of nonprofessional educators eligible to be part of an organization formed for the purpose of negotiating terms of employment with the school district Title 70 Ohio St. 509 .1 [ 70-509.1 ] (1971) et seq., deals with negotiations between school employees and school districts. At 70 Ohio St. 509 .4 [ 70-509.4 ] (1979) the term "professional educators" is defined...
The Attorney General is in receipt of your request for an opinion wherein you raise the following question: "May a municipality raise the rate of a sales tax in excess of two percent " The Legislature has passed a general municipal taxation law, the Oklahoma Municipal Taxation Code, 68 Ohio St. 2701 [ 68-2701 ] et seq. (1971), which provides in pertinent part as follows: "Any incorporated city or town in this State is hereby authorized to assess, levy, and collect taxes for general and special...
The Attorney General is in receipt of your request for an opinion wherein you ask: "1. Does Section 34 of enrolled Senate Bill 265 Laws 1980, c. 352 require a municipality having a Firefighters' Pension and Retirement Fund to transfer interest earned by such fund to the State Board "2. Can a municipality expend all or a portion of the money in its pension and retirement fund prior to July 1, 1981, for purposes for which it was not obligated on the effective date of the act and if so for what...
The Attorney General has received your request for an official opinion where, in effect, you ask the following question: Is Title 68 Ohio St. 2404 .1 [ 68-2404.1 ] through 68 Ohio St. 2404 .5 [ 68-2404.5 ] (1980), which attempts to exempt from ad valorem taxation for a period of five years, renovations on property over forty years old in special areas designated by the local governing body, constitutional The Sections of Title 68 you refer to in your question are essentially as follows: 68...
OPINION — AG — ** FIREMAN'S (FIREFIGHTER'S) PENSION ** THE TERM "SUPPLEMENTAL FUNDS" AS USED IN 11 Ohio St. 1978 Supp., 49-101 [ 11-49-101 ], DOES NOT INCLUDE ANY MONIES COMPRISING THE PRINCIPAL OR INTEREST DERIVED FROM STATUTORILY REQUIRED PREMIUM TAXES, BUT EMBRACES ONLY SEPARATE MUNICIPALITY REVENUES WHICH ARE NOT MANDATED BY STATE STATUTE. (CITIES OR TOWNS, FIREMEN, CONTRIBUTION, VOLUNTEER FIREMEN) CITE: 36 Ohio St. 1979 Supp., 312.1 [ 36-312.1 ] (JOHN PAUL JOHNSON)
OPINION — AG — (1) WHEN A CITY COMMISSION MAILS A FLYER WITH ITS UTILITY BILLS WHICH ADVOCATES A SPECIFIC STAND ON A SALES TAX ELECTION, IT DOES NOT VIOLATE 11 Ohio St. 1978 Supp., 22-104 [ 11-22-104 ], BUT IT DOES VIOLATE 26 Ohio St. 1975 Supp., 16-119 [ 26-16-119 ](2) THE CALLING OF MUNICIPAL EMPLOYEES FROM THEIR JOBS WHILE ON PAYROLL TO ATTEND A PRESENTATION PROMOTING THE ADOPTING OF A SALES TAX IN AN ELECTION VIOLATES 26 Ohio St. 1974 Supp., 16-119 [ 26-16-119 ] CITE: OPINION NO. 79-346,...
The Attorney General is in receipt of your request for an opinion wherein you ask, in effect, whether the records of the Oklahoma Tax Commission relating to municipal sales tax collections are privileged and unavailable for examination by municipal authorities. The Oklahoma Tax Commission is required by Title 68 Ohio St. 205 [ 68-205 ] (1971) to maintain confidentiality as to its tax records and files, subject to certain statutory exceptions. One such exception is found in Title 68 Ohio St. 205...
The Attorney General is in receipt of your request for an opinion wherein you ask, in effect, the following question: Does the term "supplemental funds" used in 11 Ohio St. 49-101 [ 11-49-101 ] (1978), include monies derived from statutorily required premium taxes Senate Bill No. 265, Laws 1980, c. 352 , creates the Oklahoma Firefighter's Pension and Retirement System and provides in 34 as follows: "Any municipality having a Firefighters Pension and Retirement Fund prior to January 1, 1981,...
The Attorney General is in receipt of your request for an official opinion wherein you ask the following questions "1. How many days may be provided to teachers by a district for personal business leave, absent the existence of any agreement entered into between a district and an organizational representative of its employees "2. In the event that an agreement exists between a school district and an organizational representative limiting the number of days available for personal business...
The Attorney General is in receipt of your request for an opinion wherein you ask the following question: "May the State Insurance Fund "FUND" enter into contracts for excess insurance for own-risk employers " Under the proposed contracts the Fund would provide insured municipalities with "non-standard" Workers' Compensation insurance coverage; that is, the Fund would be writing "excess coverage." The Fund would pay claims which exceeded losses incurred above a specified amount. The...
The Attorney General is in receipt of your request for an opinion wherein you ask the following: "Is a course of study or activity such as wrestling and gymnastics or special music a `subject' within 70 Ohio St. 8-111 [ 70-8-111 ] (1974) when the course of study or activity is not listed as a subject available for the student to enroll in." Initially, it should be noted that emergency transfers are not a routine matter, but rather are authorized only under exceptional circumstances. Such...
The Attorney General is in receipt of your opinion request wherein you raised the following questions construing 47 Ohio St. 11-1007 [ 47-11-1007 ] and 47 Ohio St. 11-1108 [ 47-11-1108 ] (1980): 1. Does 47 Ohio St. 11-1007 [ 47-11-1007 ] (1980) allow for enforcement of Disabled Parking in places other than Public places such as private parking in an apartment complex or shopping center 2. Does 47 Ohio St. 11-1007 [ 47-11-1007 ] (1980) discriminate by requiring a Doctor's Certificate of...
This will acknowledge your request for an official opinion of the Attorney General, wherein you submit the following question: May a mayor of an aldermanic form of city government also serve as superintendent of a city owned utility under Oklahoma law, specifically 51 Ohio St. 6 [ 51-6 ] (1971) (Ed. Note: Dual Office Holding) and 11 Ohio St. 8-106 [ 11-8-106 ] (1979) Title 51 Ohio St. 6 [ 51-6 ] (1971) is a general prohibition against dual office holding: "Except as may be otherwise provided,...
The Attorney General is in receipt of your request for an official opinion wherein you ask the following questions: "1. What is the definition of `increments mandated by the state' as used in Section One, House Bill No. 1706 "2. What is the definition of `local increment' as used in Section One, House Bill No. 1706 "3. To avoid conflict with Section One of the Act, should a school district add the amount specified for `years of experience' to the previous year's salary schedule and then move...
The Attorney General has received your request for an opinion wherein you ask, in effect, the following question: What administrative procedures should be followed with regard to administrative hearings under 74 Ohio St. 818 [ 74-818 ] (1972), relating to individuals charging state agencies with discrimination on the basis of physical handicap The pertinent portions of 74 Ohio St. 818 [ 74-818 ] (1972), provide as follows: "No person in the classified service shall be appointed to, or demoted...
