Missouri Attorney General Opinions

Opinion Letter to The Honorable Bockenkamp and Beverley Wilson, M.D.

A county court, of a third class county, may not expend public funds to reimburse a bonding company for payments made on a sheriff’s official bond.

The Department of Mental Health does not have the authority to place patients out of the State.

Total compensation of the members of the Labor and Industrial Relations Commission is $28,000 per annum.

Opinion Letter to The Honorable James Antonio

Opinion Letter to Dr. Arthur L. Mallory

Compensation of the recorders of deeds in second class counties and in third class counties where the offices of the clerk of the circuit court and recorder of deeds are separate, is provided for in Section 50.334, RSMo, as enacted by S.S. No. 4 for S.C.S. for H.C.S. for House Bills 1121 & 1257 of the General Assembly, effective at the beginning of such officers' terms, January 1, 1979.

The phrase “employed in any other school system as a full-time teacher for two or more years . . .” in Section 168.104(5), RSMo 1978, is clear and unambiguous and requires that only teaching experience gained in a school system other than the one in which a teacher is presently employed is the basis for waiving one year of the teacher's probationary period.

Opinion Letter to Dr. Arthur L. Mallory

Opinion Letter to The Honorable Gary G. Sprick

Permanent teachers promoted to positions of curriculum coordinator or departmental chairperson retain their tenure as permanent teachers while they hold the curriculum consultant or departmental chairperson positions, as long as their primary duties remain teaching. Permanent teachers promoted to positions which are supervisory in nature lose their tenure while employed in the supervisory position and may regain their tenure only after they are reemployed as teachers in the same school district for two consecutive years.

A public housing authority may act in the capacity of a “parent entity,” as that term is defined in 24 C.F.R. § 811.102, and is empowered to designate a not-for-profit corporation as its agency or instrumentality in the issuance of tax exempt obligations, the proceeds of which would be applied to the construction of low income housing subsidized by the United States Department of Housing and Urban Development under the provisions of Section 8 of the United States Housing Act of 1937, as amended.

Remedial, guidance, counseling, and other auxiliary services may be provided to any child after the regular school day, on weekends, or during the summer on public school premises or neutral sites, conducted by school district employees, regardless of whether the child regularly attends a public or parochial school. Secular instructional materials and/or equipment used in connection with the program may be provided to participating pupils. Bus transportation designed solely for the purpose of transporting pupils from their nonpublic schools to the public school site may not be provided.

Opinion Letter to The Honorable John L. Goldman

Director of the Department of Transportation is subject to the control of the Transportation Commission which, under the Missouri Constitution, is vested with the authority to administer the Department of Transportation. The commission has the power to appoint, promote, demote, suspend and dismiss employees of the department.

Opinion Letter to The Honorable Wesley A. Miller

Opinion Letter to The Honorable Harriett Woods

A person or entity other than a dentist duly registered and currently licensed by the State of Missouri cannot own any interest in a corporation organized for the purpose of engaging in the practice of dentistry and a Chapter 351, RSMo, (General and Business) corporation cannot be lawfully established for the purpose of engaging in the practice of dentistry.

Opinion Letter to The Honorable James C. Kirkpatrick

Ethanol used solely as a fuel for motor vehicles is not an “intoxicating liquor” as defined in § 311.020, RSMo 1978. It is our further opinion that individuals who manufacture ethanol on their own land solely for the purpose of providing fuel for motor vehicles are not required to be licensed and regulated under Chapter 311, RSMo as long as the alcohol produced at the facility is denatured by some means.

In determining the annual adjustment provided for in § 163.031.5, all districts in the lowest 5% should be included in the computation, without regard to whether they experience an increase or decrease in the amount per eligible pupil from the preceding year.

The county court is not required to expend county funds for the salary of a clerk for the associate circuit judge where there is no demonstrated factual need for such additional clerk to be paid at the cost of the county.

Opinion Letter to Mr. Gary E. Stevenson

The county treasurers of Pettis and Platte Counties, second class counties, are entitled to the compensation provided by Section 54.250, RSMo Supp. 1975, twelve thousand dollars per annum, and not to the compensation provided by Section 54.250 of House Bills Nos. 1121 & 1257 of the General Assembly until the end of their terms, December 31, 1980. Further, such treasurers are entitled to the compensation provided under Section 54.251 of House Bills Nos. 1121 & 1257 of the General Assembly in the amount of three thousand dollars per annum effective August 13, 1978, until January 1, 1981.

A member of the Commission on Atomic Energy, who was appointed by former Governor Christopher S. Bond with the advice and consent of the Senate to serve at the pleasure of the governor pursuant to § 18.010, RSMo, who has not been removed from office, serves for an indefinite period of time, beyond the expiration of Governor Bond's term, and at the pleasure of Governor Joseph P. Teasdale .

Opinion Letter to The Honorable Jerry E. McBride

Opinion Letter to The Honorable Emory Melton

Prosecuting attorneys are not required to pay court filing fees in civil actions to enforce or collect child support obligations for persons referred to their offices by the Division of Family Services of the Department of Social Services either in Aid to Families with Dependent Children () cases in which assignment of support rights has been made to the Division in behalf of the state or non- cases wherein there is no such assignment under Section 207.025, House Bill No. 1634, General Assembly.

Opinion Letter to The Honorable Gary L. Smith

Opinion Letter to The Honorable Clifford W. Gannon

Opinion Letter to Dr. Arthur L. Mallory

Opinion Letter to Dr. Arthur L. Mallory

Opinion Letter to The Honorable Ronnie DePasco

Department of Consumer Affairs, Regulation and Licensing, is not authorized to promulgate a rule allowing the department, upon the advice of the State Committee of Psychologists to grant an applicant for licensure a temporary license to practice psychology in the State of Missouri.

The compensation provided for circuit clerks is set out in Section 483.083 of House Bill 1634 of the General Assembly and is effective beginning with the January 1, 1979, term of such incumbents.

Opinion Letter to Dr. Arthur L. Mallory

Joint boards created by cooperative agreements of political subdivisions under § 70.260, RSMo, may, depending on the agreement, come within the definition of “instrumentality” for the purpose of social security reporting of the employees of such joint boards under §§ 105.300, RSMo, et seq.

Township board of directors in a county under township organization is authorized to levy a road and bridge tax of fifty cents on each hundred dollars assessed valuation without a vote of the residents of the township or the residents of the county under the provisions of Section 12(a) of Art. X, Missouri Constitution.

Opinion Letter to The Honorable David A. Schwartze

Opinion Letter to The Honorable Theodore L. Johnson, .

Opinion Letter to The Honorable John T. Russell

Opinion Letter to The Honorable Charles J. Becker

Opinion Letter to Dr. Arthur L. Mallory

Opinion Letter to The Honorable Joseph Frappier

Travel expenses reimbursed to Missouri State Highway Patrolmen under Section 43.110, RSMo 1969, do not constitute payment of salary under Section 43.070, Senate Bill 763, General Assembly, and such reimbursements are not in violation of the maximum salary limits established in Section 43.070.

Opinion Letter to The Honorable Philip R. Pruett

Opinion Letter to The Honorable Hardin C. and The Honorable Harold Caskey