Missouri Attorney General Opinions

Opinion letter to The Honorable Marvin Proffer

The amendments to the contract between Parkway School District and its superintendent, Wayne W. , increasing his salary are unenforceable, void, and violate Article , Section 39 (3), Constitution of Missouri, and Section 432.070, RSMo 1969.

1. A school district which terminates a teacher’s employment may also subsequently prefer charges to revoke the teacher’s certificate, assuming that sufficient statutory grounds exist for both actions. 2. A school district may prefer charges to revoke a teacher’s certificate based on conduct which occurred while the teacher was previously employed by another district.

When a school district holds a regular election on the first Tuesday of April, 1978, and the City of Springfield, a constitutional charter city, submits a special question at such election the costs of the election are to be paid pursuant to Section 115.067, (Section 2.520 of No. 101, First Regular Session, General Assembly), of the Comprehensive Election Act of 1977.

Opinion letter to The Honorable Steinmetz

Opinion letter to The Honorable Sam Doutt

Opinion letter to Dr. James Frank

Opinion letter to The Honorable Robert Fowler

Opinion letter to The Honorable Carrol J. McCubbin

Opinion letter to The Honorable Harold F. Reisch

Opinion letter to The Honorable Douglas Boschert

Opinion letter to The Honorable J. B. Banks

Opinion letter to The Honorable Gerry Durnell

Opinion letter to Mr. Patrick Cronan

Opinion letter to The Honorable Thomas M. Keyes

The Governor of the State of Missouri may partially pardon an offender so that the recipient will remain subject to the second offender provisions contained in Section 556.280, RSMo.

The Missouri Real Estate Commission improperly issued broker's licenses in 1973 and 1974 to persons without requiring them to successfully pass the real estate broker's examination.

Opinion letter to The Honorable George P. Dames

Section 17 of Article IV of the Missouri Constitution, limiting the number of times a person may be elected to the office of governor, is applicable to the person who held the office because of election to such office when such section became effective.

Opinion letter to Mr. Joe G. Harms, II

Opinion letter to Mr. Carl R. Noren

The county prosecuting attorneys are authorized under the law of this state to exercise discretion in determining whether or not to prosecute on the basis of a criminal complaint, so long as such discretion is exercised fairly, in good faith and in accordance with established principles of law.

Opinion letter to The Honorable Emory Melton

Opinion letter to Mrs. Carolyn Ashford

Opinion letter to Mr. Stephen C. Bradford

Subsection 3 of Section 115.517 of the Comprehensive Election Act of 1977, which requires a special election in case of a tie vote, is applicable to annual school elections at which directors are elected.

Subsection 3 of Section 162.111, RSMo, governs with respect to the costs of an election of the members of the county board of education.

Opinion letter to The Honorable Ralph Uthlaut , Jr

Section 8.120 of the Comprehensive Election Act of 1977 ( No . 101 , First Regular Session , General Assembly) provides for the form of the ballot submission with respect to city sales tax elections notwithstanding the provisions of Section 94.510, RSMo, as amended in 1977.

Opinion letter to The Honorable Bradshaw Smith

Opinion letter to The Honorable George E. Murray

Opinion letter to The Honorable Richard C. Hamilton

Opinion letter to The Honorable Hardin C.

The State Tax Commission has the statutory authority to appoint hearing examiners for conducting initial investigations and making advisory recommendations in appeals taken under Section 138.430(2), RSMo 1969.

Barbers and cosmetologists may work in the same physical area if such area is licensed as a cosmetology shop and is subject to inspection by both the State Board of Cosmetology and State Board of Barber Examiners.

Opinion letter to The Honorable Kenneth J. Rothman

The provisions of Section 411.150, RSMo 1969, allow the director of the Department of Agriculture to set fees for grain inspection and sampling services either on a uniform basis throughout the state or on a separate basis at each grain inspection location, based on the administrative expenses at that location, so long as the revenues produced from the fees meet the costs and expenses of administering Chapter 411.

Opinion letter to The Honorable Milt Harper

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to Mr. William C. McIlroy

Opinion letter to The Honorable Thomas M. Keyes

Under the provisions of 101, First Regular Session, General Assembly, effective January 1, 1978, the county clerks in each county not having a board of election commissioners are entitled to receive the additional compensation provided for in Section 2.023 of the act to be determined as of January 1, 1978, and each year thereafter.

Opinion letter to Mr. Owens Lee Hull, Jr.

Opinion letter to Dr. Richard J.

Opinion letter to Dr. Richard J.

A person appointed a deputy registration official by an election authority under the provisions of subsection 1 of Section 7.035 of Senate Substitute for House Bill No. 101, First Regular Session, General Assembly, effective January 1, 1978, is not required to be a registered voter in the jurisdiction of the appointing election authority.