Missouri Attorney General Opinions

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.160, RSMo 2000, regarding a referendum to be held on Senate Bill Nos. 915, 710, and 907.

An authorized representative of a corporation that owns property within a levee district may be elected to the board of supervisors as provided in Section 245.060. There is no provision that an authorized representative of a corporation that owns property in a drainage district may be elected to the board of supervisors of a drainage district under Section 242.150.

Inmates of state correctional institutions should be included in the population count of the political subdivision in which the institution exists as determined at the last previous decennial census of the United States.

A pardon removes an impediment to a lottery license caused solely by the fact of the conviction for which the pardon was granted, but the conduct that led to the conviction for which the pardon was granted may be considered in assessing other factors used in making licensing decisions.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo 2000, regarding a proposed initiative petition relating to transportation (version 2).

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning the initiative petition related to Motor-Fuel Transportation Fund taxes (version 2).

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo 2000, regarding a proposed tobacco tax initiative petition (version 2).

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning the initiative petition related to tobacco taxes (version 6).

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning the initiative petition related to tobacco taxes (version 4).

Review and approval under Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposal to amend the Missouri Constitution submitted by Chuck Portwood.

Review and approval under Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposal to revise the Missouri statutes submitted by the Missouri Campaign for New Drug Policies.

A member of a city council may run for county auditor; however, an individual may not serve simultaneously as county auditor of a first class county and as a member of a city council within that county.

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning the proposed constitutional amendment passed by the General Assembly (House Joint Resolution No. 11).

Review and approval of legal content and form of a fiscal note summary prepared pursuant to Section 116.175, RSMo, concerning an initiative petition proposal to amend the Missouri Constitution relating to the Missouri standard deduction for personal income tax returns.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp. 1999, regarding a proposed initiative petition relating to standard of living.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposal to amend Section 143.131, RSMo.

A county assessor does not violate the provisions of Article VII, Section 6 of the Missouri Constitution by employing the daughter of the sister of the assessor's brother's wife.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo 2000, regarding a proposed constitutional amendment for Technology Parks.

Review and approval of legal content and form of fiscal note summary for the initiative petition pursuant to Section 116.175, RSMo, concerning the constitutional amendment regarding Technology Parks (Fiscal Note No. 01-12r).

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to technology parks.

Doctors and nurses at the St. Charles County Volunteers in Medicine Clinic are covered against malpractice lawsuits by the State Legal Expense Fund if the Clinic is a non-profit community health center that qualifies as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code, if the treatment is restricted to primary care and preventative health services that do not include abortions, that the services are provided without compensation, that any insurance coverage is exhausted, and the physicians and nurses cooperate with the attorneys handling the defense of the malpractice claim.

An individual is disqualified from receiving retirement benefits from the state retirement system if that individual works for a cumulative 1,000 or more hours per year for one or more departments with a year to run for 12 months from the annuity starting date and from each subsequent anniversary of said starting date.

A circuit clerk is not prohibited by Article VII, Section 6 of the Missouri Constitution from promoting the wife of the clerk's husband's brother.

Recorders of deeds and ex-officio recorders of deeds do not have the authority to waive fees for recording instruments for the county in which they serve as recorder.

Review and approval pursuant to Section 116.175, RSMo, of the legal content and form of the fiscal note summary for the proposed constitutional amendment passed by the General Assembly (House Joint Resolution No. 11) (Fiscal Note No. 01-11r).

Review and approval of legal content and form of a summary statement for initiative petition pursuant to Section 116.334, RSMo 2000, relating to the definition of marijuana.

Review and approval of legal content and form of fiscal note summary for initiative petition pursuant to Section 116.175, RSMo, concerning a proposal to amend Section 195.010, RSMo, by changing the definition of marijuana under the Narcotic Drug Act. (Fiscal Note No. 01-10)

Review and approval of legal content and form of a summary statement for initiative petition prepared pursuant to Section 116.160, RSMo 2000, regarding HS HJR 11.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition regarding a proposal to amend Section 195.010, RSMo.

An agency rule that was properly promulgated, does not exceed the legislative grant of authority, and has not been invalidated by the legislature pursuant to Section 536.028, RSMo 2000, has the force and effect of law and is binding on the courts in a civil cause of action. A state agency cannot by regulation abrogate a private cause of action created by the legislature. However, compliance with terms of a regulation properly adopted by a state agency can be used by a private litigant to demonstrate obedience to a state statute when defending against a private cause of action.

If a third class county with a township form of government using township planning and zoning abolishes the township form of government, the township zoning remains in place until the county takes action to change that zoning.

Assessors have the authority to list and assess personal property that had been omitted by the taxpayer in the immediately preceding three years.

An individual who is required to register as a sex offender in another state is required to register as a sex offender in this state. If the individual is adjudicated by a juvenile court as a sex offender, the individual must register as a juvenile sex offender.

Under the Career Ladder Program, a participating teacher remains qualified to receive career pay if the teacher changes employment from one qualifying district to a different qualifying district. The reimbursement obligation of the state is dependent upon the size of the school district employing the participating teacher.

1) The board of jury commissioners is a public governmental body as defined in Chapter 610, RSMo; 2) When the board of jury commissioners performs its duties pursuant to Chapter 494, RSMo, it is acting in an administrative role; 3) Because the board of jury commissioners is a public governmental body it is not exempt from the provisions of Chapter 610, RSMo; 4) Any public governmental body in possession of the qualified jury list or prospective jury list is responsible for providing copies if requested under Chapter 610, RSMo.

Review and approval of legal content and form of a summary statement prepared pursuant to Section 116.334, RSMo Supp. 1999, for the petition submitted by the Missouri PTA relating to Article VI, Section 26(b) of the Missouri Constitution.

Review and approval of legal content and form of fiscal note and fiscal note summary for initiative petition pursuant to Section 116.175, RSMo, concerning the initiative petition proposal relating to votes required to pass a ballot for school indebtedness.

The names, addresses, and water bills of customers of a public water supply district are records subject to disclosure under Chapter 610, RSMo.

There is an incompatibility between two offices when the offices have duties which are inconsistent, antagonistic, repugnant, or conflicting, such as where one office is subordinate to another. Although there is no direct incompatibility between the office of circuit clerk and that of a member of a school board, a circuit clerk has significant and specific responsibilities regarding the management of the circuit court and must undertake those responsibilities in an impartial manner. There is an incompatibility between the office of a county's emergency planning coordinator and either the city council or a school board. There is an incompatibility between the office of county commissioner and a school board.

Review and approval pursuant to Section 116.332, RSMo, of the sufficiency as to form of an initiative petition relating to a proposal to amend Article VI, Section 26(a) of the Missouri Constitution.

An individual who resigns as sheriff is not disqualified from running for that office because of that resignation. A county commission that has appointed an interim sheriff in accordance with Section 57.080, RSMo, is without authority to reinstate that individual who resigned as sheriff to complete the term of office.

Members of a city council, board of aldermen, or board of trustees have a right to receive copies of written opinions issued to the council or board by the city attorney and should make an effort to obtain copies of such opinions in order to fulfill the obligations of the city council or board. We are unable to answer the remaining portions of your inquiry for the reasons stated herein.

A city council with a city manager form of government may go into closed session to discuss personnel matters involving any employee of the city.

A city of the fourth class may convey by gift land it owns in fee simple to a public community college to build a community college on such land.

A sheltered workshop established by a not-for-profit corporation is a quasi-public governmental body and its financial records are subject to the provisions of Chapter 610, RSMo.

A newly-elected county assessor is not guilty of nepotism by retaining a relative as an employee if that relative was employed by a prior assessor.

Review and approval of legal content and form of fiscal note and fiscal note summary for initiative petition pursuant to Section 116.175, RSMo, concerning the initiative petition proposal to amend Section 195.010, RSMo.