Missouri Attorney General Opinions

State capitol guards and watchmen employed and commissioned in accordance with Section 8.035, RSMo Supp. 1975, have the authority to make arrests in the buildings and on the grounds at the seat of government of the state of Missouri; that the prosecuting attorney of Cole County has the authority to prosecute such violations in the circuit court of Cole County; and that the guards and watchmen who are regularly employed in a workweek for 32 hours or more and commissioned after December 31, 1978, in accordance with Section 8.035 must meet the minimum police training standards under Sections 590.100 through 590.150, V.A.M.S.

The extension of city limits in a second class county automatically extends the school district boundary lines of such city, regardless of the fact that the county becomes a first class county prior to the effective date of the extension.

Opinion Letter to Mr. Stephen C. Bradford

Public junior colleges in Missouri may belong to the Missouri Association of Community Junior Colleges and expend junior college district funds to support that organization through membership dues and other fees. It is further our opinion that school districts in Missouri may belong to the Missouri State High School Activities Association and expend district funds to support that association through membership dues and other fees.

Probate ex officio magistrate judges in counties of the second class with populations of less than thirty thousand were, on January 1, 1979, entitled to the compensation provided by law for such probate judges under the provision of subsection (3) of Section 481.205, as amended by S.B. No. 950, General Assembly, Regular Session, relative to second class counties having a population of less than sixty-five thousand in the sum of thirty-two thousand eight hundred dollars; and that additional magistrates in such counties were entitled to payment pursuant to subsection (3) of Section 482.150, as amended by House Bill No. 521, General Assembly, Regular Session, in the sum of thirty-two thousand nine hundred dollars. On and after January 2, 1979, such probate ex officio magistrate judges and additional magistrate judges became associate circuit judges entitled to the same compensation provided when they were probate ex officio magistrate judges and additional magistrate judges prior to January 2, 1979. That is, the salary of probate ex officio magistrate judges in second class counties of less than thirty thousand population who became associate circuit judges January 2, 1979, is thirty-two thousand eight hundred dollars. The salary of additional magistrate judges who became associate circuit judges January 2, 1979, in such counties is thirty-two thousand nine hundred dollars.

Opinion Letter to The Honorable Gary G. Sprick

Opinion Letter to The Honorable Flavel J. Butts

Opinion Letter to The Honorable James Antonio

The annual salary of the prosecuting attorney of Cole County, Missouri, is twenty-one thousand dollars pursuant to the provisions of Section 56.270, House Bill Nos. 1121 & 1257, Second Regular Session, General Assembly.

Opinion Letter to Mr. F. M. Wilson

Opinion Letter to The Honorable James Mathewson

Opinion Letter to The Honorable John T. Russell

Opinion Letter to The Honorable Edward E. Ottinger

That irrespective of number or contiguity, counties may, by county court order duly made and entered, participate in cooperative agreements under Article VI, Section 16, Missouri Constitution and Sections 70.210, et seq ., RSMo, respecting the establishment of a common disaster planning program required by Section 44.080, RSMo, and may share the cost of the disaster planning office, director and staff thus established.

Opinion Letter to The Honorable Downing

Opinion Letter to The Honorable Hardin C.

Opinion Letter to The Honorable Truman Wilson

Opinion Letter to The Honorable David C. Christian

The Office of Athletics cannot define boxing, sparring, or wrestling by rule or regulation to include full contact karate.

The Department of Mental Health is headed by the Director of the Department and the legislature cannot appropriate money to the Mental Health Commission for the Commission to allocate to various facilities of the Department of Mental Health.

Opinion Letter to The Honorable Dale K. Miller

Opinion Letter to The Honorable Phillip M. Barry

Opinion Letter to Dr. Arthur L. Mallory

Opinion Letter to The Honorable Larry E. Mead

Opinion Letter to The Honorable Nelson B. Tinnin

Opinion Letter to Mr. Stephen C. Bradford

The point source discharges of pollutants from federal facilities within the State of Missouri are subject to the same NPDES program requirements as are any other point source discharges of pollutants subject to the Missouri Clean Water Law and the regulations adopted pursuant thereto.

Opinion Letter to Mr. Fred A. Lafser , Jr.

Opinion Letter to Mr. Edwin M. Bode

Sections 169.410 through 169.540 of the Revised Statutes of Missouri, as amended, do not allow the Board of Trustees of the Public School Retirement System of the City of St. Louis to establish a life insurance program for its active members and/or retirees.

Opinion Letter to The Honorable Frank

A person cannot serve simultaneously as a trustee of a private college in Missouri and as a member of the State Coordinating Board for Higher Education.

Opinion Letter to The Honorable Philip R. Pruett

A person who is otherwise eligible and has not waived his retirement benefits under the judicial retirement provisions of Sections 476.515 to 476.570, V.A.M.S., who no longer serves as a judge may elect not to receive retirement benefits, may practice law and if otherwise eligible, may elect to receive his retirement benefits after he ceases the practice of law.

(1) Federal funds paid directly to the Board of Education of the City of St. Louis under the provisions of the Emergency School Aid Act () constitute public funds which are subject to the spending proscriptions of the Missouri Constitution. (2) The Missouri Constitution prohibits the use of public school personnel paid with funds to provide teaching services to children attending sectarian schools on the premises of the sectarian schools during the regular school day.

Opinion Letter to Mr. Gerald H. Goldberg

A meeting of a board of education and its superintendent held to receive an oral report from him concerning ongoing business is subject to the sunshine law.

Opinion Letter to Mr. David R. Freeman

Opinion Letter to The Honorable Charles J. Becker

With respect to the amendments made to Section 56.310, RSMo 1969, by House Bill No. 1052 and House Bill No. 1634, both enacted by the General Assembly, Second Regular Session, that the prosecuting attorney fees provided for in House Bill No. 1052 remain in effect after January 2, 1979.

Each voter in a nursing home district election shall vote for the director from his district as provided in House Bill 1208, Second Regular Session, General Assembly, and not for all six directors, as provided in House Bill 971, Second Regular Session, General Assembly. Such bills should be merged to give effect to new provisions and the provisions of such bills which are reenactments which conflict with new matter will give way to such new matter. Where the legislature has deleted old provisions in one bill but has not done so in the other bill, such deletions should be given effect.

Opinion letter to The Honorable Michael J. Lybyer

(1) Neither a school district nor the State Department of Elementary and Secondary Education may deny access to the educational records of a handicapped or severely handicapped child by a validly authorized representative of the child’s parent or guardian. (2) This office will not render an opinion on the question of unauthorized practice of law, deferring to the Missouri Bar Advisory Committee.

Opinion letter to The Honorable James F. McHenry

The municipal courts of Missouri do not have jurisdiction to commit individuals to facilities of the Department of Mental Health for evaluation or treatment pursuant to Sections 552.020 or 552.040, RSMo.

Opinion letter to The Honorable Theodore L. Johnson

Opinion letter to The Honorable Robert L. Dunning

Opinion letter to The Honorable John A. Parks

Opinion letter to The Honorable C. E. Hamilton, Jr.

Opinion letter to The Honorable Al Nilges