Dear Oklahoma House of Representatives Cotner ¶ 0 This office has received your request asking for an official Opinion addressing, in effect, the following question: Do the procedural requirements of Article V , § 33 of the Oklahoma Constitution, which require, among other things, that a revenue bill shall not become effective, until a majority of the people voting in an election approves such measure, apply to House Bill 1387, First Session of the 45th Legislature, which makes various...
Dear Representative Staggs ¶ 0 This office has received your letter asking for an official Opinion addressing, in effect, the following question: Can an independent school district provide educational services within the boundaries of another school district for the students of the other school district without a cooperative agreement ¶ 1 Title 70 defines a school district as: [A]ny area or territory comprising a legal entity, whose primary purpose is that of providing free school education,...
Dear Representatives Vaughn, ¶ 0 This office has received your letter requesting an official Attorney General Opinion addressing, in effect, the following question: Does a city or municipality have the authority, pursuant to 47 Ohio St. 1991 , § 15-102 (a)(3), to enact an ordinance which allows a civilian, while in the course of escorting a funeral procession, to direct traffic or to authorize drivers of vehicles in a funeral cortege to disregard official traffic control devices ¶ 1 You have...
Dear Senator Long, ¶ 0 This office has received your request for an Opinion addressing, in effect, the following question: Can a municipally-owned fire or ambulance service which receives operating funds from taxpayer dollars charge residents of the municipality for services ¶ 1 The gist of your concern is whether citizens whose taxes help support an ambulance or fire service can nevertheless be charged a fee when they require the use of that service. I. POWERS OF MUNICIPALITIES A. Charter...
Dear Representative Webb, ¶ 0 This office has received your request for an Opinion asking in effect the following questions: 1. May a private association representing school board members lobby the Legislature regarding school board or other education issues and in doing so expend association funds partially derived from membership dues paid from public funds 2. May a private association representing school board members support or oppose an initiative or referendum and in doing so expend...
Dear General Administrator Edwards, ¶ 0 This office has received your request for an official Opinion addressing, in effect, the following questions: 1. Is an agency required to review the service ratings of other State employees as well as agency employees applying for a position in the agency 2. Does the requirement extend to the service ratings of past State employees who are applying for employment with a State agency 3. Is the Office of Personnel Management required to make employee...
Dear Senator Cain, ¶ 0 This office has received your request for an official Attorney General Opinion in which you asked, in effect: 1. Can a member of the legislative staff retain his or her position with the House of Representatives or the Senate if a member of that staff person's family is elected to the House of Representatives or the Senate 2. If the answer to question 1 is no, does the attainment of a vested retirement benefit by the employee affect the result 3. If the answer to...
Dear President Taylor, ¶ 0 This office has received your request for an opinion asking, in effect, the following questions: 1. Under the statutory strong-mayor-council form of city government, does the mayor have the power to appoint and remove a city attorney without consent of the city council 2. Is the city attorney a classified employee entitled to the procedural due process set forth in 11 Ohio St. 1991 , § 11-125[ 11-11-125 ] ¶ 1 The law governing cities and towns is set forth in the...
Dear Superintendent Garrett, ¶ 0 This office has received your letter asking for an official Opinion, addressing the following questions: 1. May the State Board of Education expend monies appropriated for existing programs which were to have been amended by vetoed legislation 2. May the State Board of Education expend monies appropriated by Senate Bill 800 for new programs specifically named in S.B. 800 which were to have been created by vetoed legislation 3. Does the State Board of Education...
Dear Senate Herbert, ¶ 0 This office has received your request for an official Opinion wherein you asked, in effect, the following questions: 1. Does the Oklahoma Tax Commission have the authority to mandate that county assessors and/or county treasurers shall issue only a Manufactured Home Certificate 936 (OTC Form 936) as a receipt for payment of the taxes required by 68 Ohio St. 1991 , § 2813[ 68-2813 ] 2. May the Department of Public Safety issue a permit to move a manufactured home...
Dear Senator Brown, ¶ 0 This office has received your request for an official Attorney General's Opinion, in which you ask, in effect, the following question: Does the due process clause of either the United States Constitution or Oklahoma Constitution require that the Oklahoma State Board of Agriculture afford a hearing (in the form of an individual proceeding under the Oklahoma Administrative Procedures Act, 75 Ohio St. 1991 and Supp. 1995, §§ 250-323 ) to those who own land either adjacent...
Dear Representatives Adkins, ¶ 0 This office has received your request for an Opinion in which you asked, in effect, the following questions: 1. Is it a violation of conflict of interest laws for city employees, such as police officers and public safety workers in emergency situations, to call for an ambulance service owned by a city council member to transport an injured individual, provided the cost of such transportation is borne by the individual 2. In the case of a city-beneficiary...
Dear Secretary Zumwalt, ¶ 0 This office has received the request of your predecessor, Dr. George M. Brown, Jr., for an Opinion asking, in effect, the following question: The Physical Therapy Practice Act 1 at 59 O.S. 1991, § 887.6 (B) requires that an applicant for a license to practice as a physical therapist shall have graduated from a school of physical therapy approved by a national accrediting body which has been recognized by the State Board of Medical Licensure and Supervision. The only...
Dear Executive Director Campbell, ¶ 0 This office has received your request for an Attorney General Opinion asking, in effect, the following question: Under the State Dental Act, is a general license to practice dentistry under 59 Ohio St. 1991 , § 328.21[ 59-328.21 ] required prior to the grant of a license to practice a specialty under 59 Ohio St. 1991 , § 328.22[ 59-328.22 ] ¶ 1 The State Dental Act, 59 Ohio St. 1991 , §§ 328.1[ 59-328.1 ] to 328.73, provides for the issuance of general...
Dear Director Clark ¶ 0 This office has received your request for an official Opinion in which you asked, in effect, the following question: May boards of public libraries ban patrons from bringing concealed weapons into libraries ¶ 1 Your question relates to the Oklahoma Self-Defense Act, codified at 21 O.S.Supp. 1995, §§ 1290.1[ 21-1290.1 ] to 1290.25 (the "Act"). Pursuant to the Act and subject to limitations set forth in the Act, a person who has been issued a license by the Oklahoma State...
Dear Representative Beutler, ¶ 0 This office has received your request for an Opinion in which you asked, in effect, the following question: May a city amend its charter to provide for a fiscal year other than that provided in Article X , § 1 of the Oklahoma Constitution ¶ 1 The Revenue and Taxation section of the Oklahoma Constitution at Article X , § 1 provides: The fiscal year shall commence on the first day of July in each year, unless otherwise provided by law. Okla. Const. art. X , § 1 ....
Dear Senator Hobson, ¶ 0 This office has received your request for an Attorney General Opinion in which you ask, in effect, the following questions: 1. May the Legislature constitutionally empower the Governor to extend the "hiring freeze" contemplated by the provisions of 74 O.S.Supp. 1995, § 840-2.14[ 74-840-2.14 ] to public institutions of higher education within the Oklahoma State System of Higher Education 2. In implementing a "hiring freeze," under the provisions of 74 O.S. Supp. 1995, §...
Dear House of Representatives Roberts, ¶ 0 This office has received your letter asking for an official Opinion addressing, in effect, the following questions: 1. What is the proper interpretation of the phrase "the then existing rights" of a member contained in 74 O.S.Supp. 1995, § 923 (A) with respect to the ability of the Legislature to modify components of the retirement benefits of the Oklahoma Public Employees Retirement System insofar as any particular member is concerned 2. a. Does 74 O....
Dear Superintendent Garrett ¶ 0 This office has received your request for an Opinion addressing, in effect, the following questions: 1. Does a school district which is the subject of a grand jury investigation have the authority to hire legal counsel to represent and advise it with regard to the proceedings of the grand jury and the matters being investigated 2. If the answer to the above question is yes, does a school district have the authority to have its legal counsel, as part of its...
Dear Representative McCorkell, ¶ 0 This office has received your request for an Attorney General Opinion addressing, in effect, the following question: Is the Governor empowered by Oklahoma law to create by Executive Order an entity with the authority to direct the administration of the school-to-work system in Oklahoma I. CREATION OF THE COUNCIL ¶ 1 On June 16, 1995, the Governor issued Executive Order 95-22 which created the Oklahoma School-to-Work Executive Council (the "Council"). That...
