** PART II ** THERE IS ANOTHER SIMILAR TERM WHICH IS RELEVANT TO THIS ANALYSIS. THE UNIFORM COMMERCIAL CODE USES THE TERM "DEPOSITARY BANK". 12A O.S. 4-105(A). THIS STATUTE PROVIDES AS FOLLOWS: "A. DEPOSITARY BANK MEANS THE FIRST BANK TO WHICH AN ITEM IS TRANSFERRED FOR COLLECTION EVEN THOUGH IT IS ALSO THE PAYOR BANK . . . ." THIS TERM IS RELEVANT BECAUSE THE DEPOSITARY BANK IS QUITE TYPICALLY WHERE BANK CUSTOMERS HAVE DEPOSITORY ACCOUNTS. IN POINT OF FACT SECTION 62 Ohio St. 71 SEEMS TO IMPLY...
ATTORNEY GENERAL HENRY HAS ASKED ME TO RESPOND TO YOUR RECENT REQUEST FOR AN ATTORNEY GENERAL'S OPINION CONCERNING WHETHER A BOAT MECHANIC, EMPLOYED BY THE LAKE PATROL DIVISION OF THE DEPARTMENT OF PUBLIC SAFETY, IS PERMITTED TO BE A MEMBER OF THE OKLAHOMA LAW ENFORCEMENT RETIREMENT SYSTEM. IT IS A LONG-STANDING POLICY OF THIS OFFICE THAT THE ATTORNEY GENERAL WILL NOT ISSUE A FORMAL OPINION ON A MATTER WHICH IS THE SUBJECT OF PENDING ADMINISTRATIVE LITIGATION OR REVIEW. BECAUSE THE MATTER IS...
** CIVIL RIGHTS LIABILITY — GOVERNMENTAL TORT CLAIMS — 51 Ohio St. 151 ** PART II ** A. REGARDING THE DEPARTMENT. FIRST WE CONSIDER WHETHER OR NOT THE DEPARTMENT OF CORRECTIONS — AN ITSELF BE SUED IN A CIVIL RIGHTS SUIT PURSUANT TO 42 U.S.C.A. 1983 IT IS NOW WELL ESTABLISHED THAT UNLESS A STATE HAS WAIVED ITS ELEVENTH AMENDMENT IMMUNITY OR CONGRESS HAS OVERRIDDEN IT, A STATE CANNOT BE SUED DIRECTLY IN ITS OWN NAME REGARDLESS OF THE RELIEF SOUGHT. KENTUCKY V. GRAHAM, 473 U.S. 159 , 167 , 105 S....
** PART II ** ** INDIAN COUNTRY — FIREFIGHTING ** AS TO INDIVIDUAL ALLOTMENTS WHICH STILL RETAIN THEIR CHARACTER OF INDIAN COUNTRY, AD VALOREM TAXES ARE NOT PAID TO THE COUNTY BY THE INDIAN LANDOWNER. HOWEVER, IT IS MY GUESS THAT THE INDIAN COUNTRY LANDOWNER DOES PAY FOR UTILITIES, FIRE AND POLICE PROTECTION, ETC., THE SAME AS AN INDIVIDUAL NOT RESIDING IN INDIAN COUNTRY. I KNOW OF NO OKLAHOMA INDIAN TRIBE WHICH MAINTAINS A FIRE DEPARTMENT. BECAUSE OF THE NATURE OF INDIAN LAND IN OKLAHOMA, IT...
UNLAWFUL CONFLICT OF INTEREST IN THE AREA OF CONFLICTS OF INTEREST, YOUR QUESTIONS INVOLVE THE ANALYSIS OF BOTH STATUTES AND THE OKLAHOMA CONSTITUTION. ARTICLE X , SECTION 11 OF THE OKLAHOMA CONSTITUTION PROVIDES, IN PART: THE RECEIVING, DIRECTLY OR INDIRECTLY, BY ANY OFFICER OF THE STATE, OR OF ANY COUNTY, CITY, OR TOWN, OR MEMBER OR OFFICER OF THE LEGISLATURE, OF ANY INTEREST, PROFIT, OR PERQUISITES, ARISING FROM THE USE OR LOAN OF PUBLIC FUNDS IN HIS HANDS, OR MONEYS TO BE RAISED THROUGH HIS...
** PART I ** RE: CAN A MUNICIPALITY APPROPRIATE AND EXPEND ITS GENERAL FUND MONIES FOR THE CONSTRUCTION OF SIDEWALKS OR REPAIR OF SIDEWALKS THE ATTORNEY GENERAL HAS ASKED ME TO RESPOND TO YOUR QUESTION IN THE ABOVE-REFERENCED MATTER. AFTER REVIEWING THE QUESTION AND THE CLEARLY APPLICABLE LAW, IT APPEARS THAT THE ISSUANCE OF A FORMAL OPINION IS UNNECESSARY. HOPEFULLY, THIS INFORMAL OPINION WILL BE OF SOME ASSISTANCE TO YOU. INTRODUCTION YOUR QUESTION DOES NOT SPECIFY WHAT "TYPE" OF...
** PART II ** QUESTION 2 IS IT A VIOLATION OF THE NEPOTISM LAWS IF THE GOVERNING BOARD OF REGENTS, WHICH HAS THE AUTHORITY TO EMPLOY AND SET SALARY AMOUNT, APPOINTS A PERSON RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY TO THE PRESIDENT OF AN INSTITUTION GOVERNED BY THAT BOARD (NEPOTISM) THE ANSWER TO QUESTION NUMBER 2 IS IN THE NEGATIVE. THE EMPLOYMENT OF THE EXECUTIVE OFFICER'S INELIGIBLE RELATIVE BY THE GOVERNING BOARD IS NOT A PER SE VIOLATION OF THE NEPOTISM LAWS BECAUSE...
** PART II ** IN THAT CASE THE COURT DEALT WITH THE ISSUE OF A REPLEVIN BOND AND WHETHER THE GENERAL STATUTE REQUIRING SUCH A BOND IN A REPLEVIN ACTION BY THE STATE WAS TO BE PAID BY THE STATE AS REQUIRED BY STATUTE. THE COURT HELD THAT THE STATE WAS NOT REQUIRED TO PAY FOR THE POSTING OF THE STATUTORILY REQUIRED REPLEVIN BOND BECAUSE THE STATE WAS NOT EXPRESSLY OR IMPLIEDLY INCLUDED UNDER THE STATUTE. THE OKLAHOMA SUPREME COURT HAS HELD IN OTHER CASES THAT NEITHER THE STATE NOR ANY DEPARTMENT...
NED BASTOW HAS REFERRED TO ME YOUR LETTER OF SEPTEMBER 13, 1990, IN WHICH YOU ENCLOSE A COPY OF WHAT APPEARS TO BE A BRIEF FILED BY YOU ON BEHALF OF THE COUNTY ASSESSOR IN LITIGATION (APPARENTLY IN 1983) CONCERNING THE ISSUES RAISED IN MR. ANDERSON'S PREVIOUS OPINION REQUEST. THIS BRIEF WAS APPARENTLY SUBMITTED TO COMPLY WITH THE STATUTORY REQUIREMENT THAT DISTRICT ATTORNEYS PROVIDE THIS OFFICE WITH A MEMORANDUM, INCLUDING CITATIONS AND A CONCLUSION AS TO THE LAW, WHEN ASKING FOR AN ATTORNEY...
** PART II ** I HAVE IDENTIFIED ONE CASE THAT HAS DIRECTLY APPLIED THESE PRINCIPLES TO STATE HEALTH CARE LAWS. IN WHITE V. CALIFANO, 437 F.SUPP. 543 (D.S.D. 1977), AFF'D 581 F.2D 697 (8TH CIR. 1978), AN INDIAN HEALTH SERVICE SOCIAL WORKER SOUGHT TO FILE A PETITION BEFORE A COUNTY BOARD OF MENTAL HEALTH FOR THE INVOLUNTARY COMMITMENT OF A MENTALLY ILL INDIAN TO A STATE MENTAL HOSPITAL. UPON CONSIDERING THE MATTER, THE COUNTY BOARD DETERMINED THAT IT DID NOT "HAVE THE JURISDICTION TO ENTERTAIN,...
YOUR AGENCY FORWARDED TO THIS OFFICE A REQUEST FOR AN OPINION OF THE ATTORNEY GENERAL, ASKING, IN EFFECT: 1. WHAT CIVIL LIABILITY, IF ANY, MIGHT AN EMPLOYEE PHYSICIAN OF THE DEPARTMENT OF VETERANS AFFAIRS INCUR IF SUCH A PHYSICIAN PROVIDES ROUTINE PREVENTIVE MEDICAL CARE AND/OR TREATMENT TO CO-EMPLOYEES ALSO EMPLOYED BY THE DEPARTMENT OF VETERANS AFFAIRS 2. WHAT CIVIL LIABILITY, IF ANY, MIGHT THE STATE OR THE DEPARTMENT OF VETERANS AFFAIRS INC R IF SUCH PHYSICIANS WORKING FOR THE AGENCY...
RE: NEPOTISM QUESTION THIS WILL MEMORIALIZE OUR TELEPHONE CONVERSATION EARLIER TODAY IN WHICH WE DISCUSSED SEVERAL QUESTIONS PERTAINING OKLAHOMA'S NEPOTISM STATUTES. THOSE QUESTIONS HAD BEEN PROPOUNDED IN A LETTER YOU SENT TO OKLAHOMA SENATOR FRANK SHURDEN SEVERAL MONTHS AGO. I REGRET ANY INCONVENIENCE TO YOU OR YOUR CLIENT BY THIS DELAYED RESPONSE. I UNDERSTAND FROM OUR TELEPHONE CONVERSATION, HOWEVER, THAT THIS INFORMAL LETTER RESPONSE WILL MEET YOUR NEEDS IN THIS INSTANCE. WE APPRECIATE YOUR...
** PART I ** I HAVE RESEARCHED YOUR QUESTIONS CONCERNING HEALTH CARE FACILITIES ON INDIAN LAND. AS I UNDERSTAND IT, YOU WANT TO KNOW WHETHER A HEALTH CARE FACILITY ON INDIAN LAND MUST COMPLY WITH THE STATE LAWS AND REGULATIONS THAT GOVERN SUCH FACILITIES ON NONINDIAN LAND. AS PART OF THIS GENERAL QUESTION, YOU HAVE SPECIFICALLY INQUIRED WHETHER THE FACT THAT A PARTICULAR FACILITY ON INDIAN LAND TREATS NON-INDIAN PERSONS MEANS THAT THE FACILITY MUST COMPLY WITH STATE REGULATIONS. IN ADDITION,...
ATTORNEY GENERAL HENRY HAS ASKED THAT I RESPOND TO YOUR RECENT REQUEST FOR LEGAL ADVICE FROM THIS OFFICE CONCERNING THE PROPRIETY OF YOUR EMPLOYMENT AS GENERAL COUNSEL FOR THE METROPOLITAN FAIR HOUSING COUNSEL (MFHC). BECAUSE YOU HAVE INDICATED THAT THE ISSUANCE OF AN OFFICIAL OPINION OF THE ATTORNEY GENERAL IS NOT NECESSARY TO MEET YOUR NEEDS, THIS INFORMAL LETTER RESPONSE, WHICH REPRESENTS THE VIEWS OF THE AUTHOR ONLY, IS OFFERED. IN YOUR LETTER YOU INQUIRE WHETHER THERE IS A CONFLICT OR...
RE: EFFECTIVE DATE OF LEGISLATION ATTORNEY GENERAL ROBERT HENRY HAS ASKED ME TO RESPOND TO YOUR LETTER DATED MAY 30, 1990, SEEKING AN OFFICIAL OPINION AS TO THE EFFECTIVE DATE OF THAT PORTION OF SENATE BILL 799, ENACTED DURING THE RECENTLY CONCLUDED SECOND SESSION OF THE 42ND LEGISLATION, WHICH ESTABLISHES PROCEDURES FOR THE SELECTION THE GENERAL ADMINISTRATOR OF THE CORPORATION COMMISSION. BECAUSE THE QUESTION RAISED IN YOUR LETTER IS CONTROLLED BY DIRECTLY APPLICABLE CASE LAW, IT IS NEITHER...
ATTORNEY GENERAL HENRY HAS RECEIVED YOUR REQUEST FOR AN OPINION CONCERNING THE DESTRUCTION OR DISPOSAL OF MUNICIPAL AND COUNTY GOVERNMENT RECORDS. HE HAS ASKED THAT I RESPOND TO YOUR REQUEST. BECAUSE YOUR INQUIRY MAY BE ANSWERED BY REFERENCE TO THE OKLAHOMA STATUTES, IT APPEARS THAT AN OPINION OF THE ATTORNEY GENERAL IS NOT REQUIRED. YOUR QUESTION IS: BY WHAT AUTHORITY AND PROCEDURE MAY THE CUSTODIANS OF RECORDS IN MUNICIPAL AND COUNTY GOVERNMENTS IN OKLAHOMA DESTROY OR OTHERWISE DISPOSE OF...
Dear Representatives Mantzer ¶ 0 The Attorney General has received your letter asking for an official opinion addressing the following questions: 1. Under the terms of Chapter 176, 1 of the 1985 Oklahoma Session Laws (Senate Bill No. 284), and the terms of Chapter 178, 29 of the same 1985 Oklahoma Session Laws (House Bill No. 1164), both of which purported to amend 59 Ohio St. 164 (1981), and both of which appear in the published supplements to the Oklahoma statutes, is the Board of...
Dear Representatives Istook, ¶ 0 The Attorney General has received your letter asking for an official opinion addressing, in effect, the following question: Does a board of education of a school district which is self-insured against workers' compensation liability pursuant to 85 Ohio St. 2b (A)(3) (1989) have the authority to utilize the procedures set forth in 85 Ohio St. 42 (1989) to fund its workers' compensation in lieu of appropriating funds or securing reinsurance or excess insurance...
ATTORNEY GENERAL HENRY HAS ASKED ME TO RESPOND TO YOUR INQUIRY REGARDING ESCORT VEHICLE LAWS IN NEW MEXICO WHICH ADVERSELY AFFECT OKLAHOMA'S ESCORT VEHICLE BUSINESS. THE CONCLUSIONS EXPRESSED BELOW ARE, OF COURSE, SOLELY THOSE OF THE UNDERSIGNED ASSISTANT ATTORNEY GENERAL. AS I UNDERSTAND YOUR CONCERN AND THOSE OF SOME OF YOUR CONSTITUENTS, YOU BELIEVE THAT NEW MEXICO MAY BE DISCRIMINATING AGAINST OKLAHOMA BUSINESSES WHICH SEEK ESCORT VEHICLE PERMITS IN NEW MEXICO. APPARENTLY, SEVERAL OF YOUR...
RE: ATTORNEY GENERAL OPINION REQUEST REGARDING OSBI CRIMINAL SEARCH FEES AS YOU ARE AWARE, THE ATTORNEY GENERAL RECEIVED YOUR OPINION REQUEST REGARDING HOW MUCH THE OSBI CAN CHARGE FOR A SEARCH FEE FOR INFORMATION REGARDING POTENTIAL LICENSEES' CRIMINAL RECORDS. YOU ALSO INQUIRED WHETHER, A STATE AGENCY CAN BE CHARGED A SEARCH FEE. THIS MATTER HAS BEEN GIVEN A GREAT DEAL OF CONSIDERATION BY MEMBERS OF THE ATTORNEY GENERAL'S STAFF. THIS ISSUE INVOLVES NOT ONLY THE DICTATES OF THE OPEN RECORDS...
