Missouri AG Opinions — 1975

(1) The city of Holden may contribute funds to a multi-purpose watershed protection project six miles outside the city limits which includes recreational facilities pursuant to Section 278.145, RSMo, and (2) the city of Holden, Missouri, Johnson County, Missouri, and the South Fork of the Blackwater River Watershed Subdistrict have the authority to make relocation assistance payments pursuant to 42 U.S.C. §§ 4601, et seq.

Opinion letter to the Honorable Christopher S. Bond

Qualifying school districts may place certain funds in savings accounts or certificates of deposit in insured savings and loan associations under the provisions of Section 369.194, RSMo Supp. 1973 and Section 165.051, RSMo.

(1) Department heads have authority under Senate Bill No. 1, General Assembly, to set the salary of division and other administrative positions subject to appropriations therefor. (2) The salary of the Adjutant General established by the first departmental plan filed before June 30, 1974, providing for a salary of $18,000.00 per year for the Adjutant General, constitutes the salary which the Adjutant General may be paid at present. The salary may be changed by a subsequent departmental plan.

Section 549.071, RSMo 1969, authorizes courts to grant extensions of paroles subject to statutory restrictions and authorizes such courts to grant terms of parole which extend beyond the original expiration date of a parolee's sentence.

Opinion letter to the Honorable Phillip H. Snowden

Opinion letter to the Honorable John W. , II

Opinion letter to Herbert R. Domke , M.D.

Opinion letter to the Honorable Robert 0. Snyder

In computing “the average cost of transporting all children of the district” and in computing “the additional cost of transporting handicapped and severely handicapped children” for the purposes of Section 162.985, RSMo 1973 Supp., all expenditures reasonably related to the school district’s transportation program should be included in the computation. The amount of additional state transportation aid authorized by Section 162.985, RSMo 1973 Supp., with respect to handicapped and severely handicapped children should be determined by the following formula: a district’s average cost of transporting a handicapped or severely handicapped child minus average per pupil cost of transporting all children in the district (handicapped, severely handicapped and non-handicapped) times the number of handicapped and severely handicapped children transported divided by two.

Opinion letter to the Honorable John W. , II

(1) The State Tax Commission has the authority and is obligated to equalize the assessments of property among the various counties and the City of St. Louis pursuant to Section 138.390, RSMo, and has the duty to order any county in which valuations of property are below 33 1/3% of true value to raise the valuation of such property to 33 1/3% of true value and to order any county in which valuations of property are above 33 1/3% of true value to lower the valuation of such property to 33 1/3% of true value. (2) The State Tax Commission has no authority to equalize the assessments among various parcels of property within a county as such, but individual assessments can be raised or lowered pursuant to Sections 138.380, 138.460, and 138.470, RSMo. (3) The State Auditor has no authority to compel the State Tax Commission to require the equalization of assessments among the various counties or the City of St. Louis at 33 1/3% of true value.

No merit status can be lost by the transfer or realignment of a unit or position under the Reorganization Act where the essential identity of the position or unit is retained and the position or unit was within merit coverage on the effective date of the Act. A position which was subject to the provisions of the merit system law on the effective date of the Reorganization Act cannot be named as one of three "exempt" positions by a division director under Section 13.1 of that Act.

Opinion letter to Mr. Paul W. Collins

Opinion letter to Mr. Edward A. Godar

Opinion letter to Mr. Mark L. Edelman

Opinion letter to the Honorable Howard M. Garrett

Opinion letter to Dr. Robert D. Elsea

Opinion letter to the Honorable Nelson B. Tinnin

Luncheon meetings of either the majority party members or of the minority party members of the St. Louis County Council, at which public business is discussed, are required to be open to the public under the Sunshine Bill.

Opinion letter to the Honorable Skelton

Opinion letter to the Honorable D. R. Osbourn

Opinion letter to Mr. George M. Camp

Opinion letter to Mr. Lawrence Graham

Division heads who are provided for in departmental plans pursuant to Section 1.6(2) of S.B. No. 1, First Extraordinary Session, General Assembly, are division heads who are to be appointed by the department director under Section 1.6(6) of S.B. No. 1, and therefore such appointments come under the exemption of subsection 1(1) of Section 36.030, H.B. No. 8, First Extraordinary Session, General Assembly, and are not covered by provisions of the merit system law, subject, of course, to Article IV, Section 19, Constitution of Missouri.

Opinion letter to the Honorable Theodore L. Johnson,

Opinion letter to the Honorable Fred Williams

Opinion letter to Herbert R. Domke , M.D.

Opinion letter to Mr. William J. Raftery

The Conservation Commission may not pay a final judgment for actual or punitive damages obtained against one of its enforcement officers as a result of his conduct while he was in the actual performance of his enforcement duties.

Opinion letter to Mr. Lee E. Norbury

Opinion letter to Mr. William J. Raftery

Opinion letter to Harold P. , M.D.

Opinion letter to the Honorable Lawrence J. Lee

Opinion letter to the Honorable Frank

Only a contractor who deals directly with a consumer is required to provide the notice specified in Section 429.010, House Bill 1251, General Assembly. A subcontractor who further subcontracts the supplying of labor or materials is not required to provide notice. An original contractor supplying materials which its own employees install in the home of a consumer is required to give the notice provided for in Section 429.010.

Opinion letter to the Honorable J. William Holliday

Sheriffs in a third or fourth class county may not be appointed to the office of special commissioner pursuant to Section 528.540, RSMo 1969, relating to partitions; a sheriff in the above counties may be appointed as one of the commissioners under Section 528.200, RSMo 1969; a sheriff appointed to the position of commissioner under Section 528.200, RSMo 1969, may retain the fees he receives as compensation for his service in that position, and the wife of a sheriff may be appointed to either the position of commissioner or special commissioner and may retain the fees that she receives therefor.

Opinion letter to the Honorable Ed

Opinion letter to the Honorable James A. Noland , Jr.

Opinion letter to the Honorable Richard J. DeCoster

Opinion letter to the Honorable Clarence H. Heflin

Opinion letter to Mr. William J. Raftery

A county court may create a sewer subdistrict pursuant to Sections 204.331 and 204.332, RSMo Supp. 1973, and such subdistrict shall have, in addition to those powers specified in Section 204.331, the powers given to sewer districts under Sections 249.430 to 249.660, RSMo 1969. However, in the creation of such a sewer subdistrict under Section 204.331, et seq. , the county court must comply with the provisions of Sections 249.470 and 249.480, RSMo 1969. If such a sewer subdistrict is created, the county court, as governing body of the sewer subdistrict, may enter into a contract with a common sewer district created pursuant to Section 204.250, RSMo Supp. 1973, and Sections 204.260 to 204.470, RSMo 1969, whereby the common sewer district would provide any engineering, construction, maintenance, repair and administrative services required for the collection and treatment of sewage generated within the subdistrict.

Opinion letter to Dr. Jack Cross

Opinion letter to Mr. Edward A. Godar

The State Board of Health is authorized by law to adopt and enforce regulations requiring hospitals licensed by the state to submit reports containing certain data relating to hospital discharges.

The State Auditor is obligated to include county hospitals established pursuant to Sections 205.160 to 205.340, RSMo, within the scope of his audit of counties containing such an institution.

Opinion letter to Mr. George M. Camp

The board of education of a six-director public school district is not authorized by Section 167.231, RSMo, to submit to the voters of the district the question of whether transportation to and from school at the expense of the district should be provided for pupils living one mile or more from school.