Missouri Attorney General Opinions

1. Under Section 168.126, RSMo 1969, a board of education need not give a probationary teacher ninety days notice prior to April 15 of its intention not to rehire the teacher because of incompetency in order to lawfully refuse to renew that probationary teacher’s contract for the next school year; 2. The time periods in Sections 168.116 and 168.126, RSMo 1969, should be computed on the basis of calendar days excluding the first day and including the last in accordance with Section 1.040, RSMo 1969.

Section 51.121, RSMo 1969, requiring the county clerk to inspect voting precincts and present a report to the county court and certain party officials is not applicable to counties in which there is registration under either Chapters 114 or 116, RSMo 1969 but in which there is not registration as provided for by both chapters.

Opinion letter to the Honorable Harold F. Reisch

Opinion letter to the Honorable Thomas D. Graham

1. A fire protection district in constitutional charter counties has authority to contract with another fire protection district for providing a joint fire and emergency dispatching service. The dispatching center which furnishes the dispatching service may hire a chief dispatcher but does not have authority to contract with a private corporation to furnish a chief dispatcher. 2. A chief dispatcher as required in Section 321.245, RSMo 1969, to be in charge of the operation and directly responsible to the management of the dispatching service is not required to be physically present twenty-four hours a day seven days a week. Such chief dispatcher must give his position his complete and undivided attention and may not engage in any other activities that would either consume any of the portion of the time required for him properly to function as chief dispatcher or which would in any respect interfere with his ability to perform his duties.

An individual who is not a member of the Missouri State Employees' Retirement System may inspect the records of the proceedings of the board of trustees of the system under the provisions of Section 104.480, RSMo 1969, for the purpose of determining how many members over the age of seventy years are employed by the state.

Opinion letter to the Honorable J. H. Frappier

A quit claim deed of release in full or partial satisfaction of a deed of trust is not subject to the user fee charge of one dollar by the recorder of deeds under Section 59.319, RSMo 1969.

Under subsection 3 of Section 167.151, RSMo 1969 (providing that a nonresident taxpayer must receive credit on tuition charged his child in an amount equal to the tax paid to the school district), school taxes paid in prior years or delinquent taxes paid in the current year may not be used as a credit against tuition charges for the current year. Furthermore, exceptional children, as defined by Section 178.260, RSMo 1969, whose parents are nonresident taxpayers of a district, are entitled to “appropriate instruction” in accordance with subsection 2 of Section 178.260, RSMo 1969.

Opinion letter to the Honorable Norman L. Merrell

Opinion letter to the Honorable Donald J. Gralike

Section 24, Article V of the Missouri Constitution prohibits magistrates from receiving any compensation for solemnizing marriages.

A junior college district in Missouri is an institution of higher education supported by public funds, as that term is used in Section 144.040.2, Senate Bill No. 72, Seventy sixth General Assembly; and Section 144.040, Senate Bill No. 72, Seventy-sixth General Assembly, which does not exempt institutions of higher education supported by public funds from collecting sales tax on retail sales made by them, is constitutional. Therefore, it is our opinion that every junior college district must collect state sales tax on retail sales it makes after September 28, 1971.

Opinion letter to the Honorable Lloyd J. Baker

A third class city with the Mayor-council form of government cannot abolish the office of collector and appoint a member of the city clerical staff or any other person to collect the city’s taxes. Under Section 77.370, RSMo 1969, a third class city with Mayor-council form of government can abolish by ordinance the office of city collector only when the city contracts for the collection of taxes by the county collector or township collector.

Opinion letter to Mr. Joseph Jaeger, Jr.

Opinion letter to Mr. James E. Schaeffner

Trustees of pension fund may make investments authorized by statutes without being restricted by constitutional limitations on investments by political corporations or subdivisions of the state.

Opinion letter to Mr. Robert E. Myers

The board of directors of a fire protection district may hold meetings and conduct its regular business and pass legally binding ordinances on Sunday.

A municipal library district has authority to issue general obligation bonds for the purchase of grounds or the erection of public library buildings or the improvement of existing buildings when authorized by a vote of two-thirds of the qualified electors of the district voting thereon.

A road district organized under the provisions of Sections 233.320 to 233.445, RSMo 1969, may issue bonds pursuant to Section 233.345, RSMo 1969, for the purpose of construction of a maintenance building for road machinery and equipment of the district.

The list of the names of applicants for absentee ballots posted by the election authority in a conspicuous place accessible to the public at the entrance of the office of the election authority should include the post-office address to which the ballot is to be sent, the street address in the application for an absentee ballot and the ward or precinct number given by the applicant.

The Governor of Missouri properly established the Missouri Law Enforcement Assistance Council by Executive Order. Such Council may properly determine the compensation and allowances of the Chairman.

Opinion letter to the Honorable Robert S. Wiley

Opinion letter to the Honorable J. Anthony Dill

Opinion letter to the Honorable Ray Lee Caskey

(1) Section 195.220, S.C.S.H.C.S.H.B. No. 69, General Assembly (RSMo Supp. 1971, 195.221), as it concerns the granting of parole from a state correctional institution of anyone who is convicted of selling, giving, or delivering a controlled substance as defined by newly enacted Chapter 195, affects only those persons sentenced pursuant to such chapter after the effective date of its passage. (2) Such section does not affect the administrative function of the Department of Corrections in reference to Section 216.355(1), RSMo. (3) An individual under supervision of the Board of Probation and Parole who was sentenced to the State Department of Corrections for selling, giving, or delivering a controlled substance pursuant to Chapter 195 is not to be given credit for parole time as time toward service of his sentence for application of the three-fourths rule, Section 216.355(1), RSMo 1969.

The governing boards of county, city-county and municipal libraries are vested with the administrative authority of such libraries and are not under the direction of the officers or governing bodies of such cities or counties.

Opinion letter to Mr. Charles O'Halloran

Arrangements among insurance companies to effectuate the price or any part thereof of competitive bids submitted by automotive repair shops is an unlawful restraint of trade in violation of Sections 416.020 and 416.040, RSMo 1969. However, any arrangement between insurance company and automotive repair shop whereby the former requires the latter to afford it discounts on specified work is not violative of Sections 416.020, 416.030, or 416.040, RSMo 1969, absent an arrangement among insurance companies to effectuate such a practice. Also, any arrangement among insurance companies to limit competitive bidding on automotive repair to only those automotive repair shops which agree to pre-conditioned limits on their competitive bid is violative of Sections 416.030 and 416.040, RSMo 1969, as an unlawful restraint of trade.

Railroad police licensed by the Superintendent of the State Highway Patrol under the provisions of Section 388.600, RSMo Supp. 1971, are exempt from regulation of the St. Louis Board of Police Commissioners under the provisions of Section 84.340, RSMo 1969.

Opinion letter to the Honorable Maurice Schechter

A county clerk may refuse to place the name of a candidate he believes to be ineligible on the ballot and his action is subject to review by the courts. A person cannot have a residence for voting purposes only which is separate from his legal residence.

In order for a person to be eligible to file as a candidate for the office of state senator in a district in which such office will be filled at the November 7, 1972 general election, he must have been a resident of such district for one year prior to the November 7, 1972 election date.

Opinion letter to the Honorable Donald L. Manford

An account receivable held by a parent corporation evidencing an obligation of a subsidiary corporation, is intangible personal property as defined by Section 146.010, RSMo 1969. The proceeds received by the parent corporation constitute "yield" as that term is used in Section 146.010. Therefore, such parent corporation holding the legal or equitable title or beneficial interest in intangible personal property is subject to the property tax imposed by Chapter 146, RSMo.

The University of Missouri is subject to the imposition of a sales tax by a municipality on sales made by the University. If the University is delinquent only on payments owed to the city, the city must bring an appropriate action to collect the tax.

Paragraph 2 of Section 494.020, RSMo Supp. 1971, renders any person who has served as a member of a grand jury panel prior to the effective date of the statute and within ten years next preceding his selection ineligible for service as a grand juror and such statute is constitutional.

Section 51.310, House Bill No. 484 of the General Assembly, effective September 28, 1971, relative to compensation for certain county clerks for duties performed by them under Section 51.121, RSMo 1969, relating to a survey of voters, provides for an increase in compensation during the term of such officers in violation of Section 13 of Article of the Missouri Constitution and is not effective during such officers’ terms.

Missouri State Board of Mediation is not precluded from mediating dispute in industry subject to federal labor relations statutes, pursuant to Section 295.080, RSMo 1969, unless Federal Mediation and Conciliation Service actually assumes jurisdiction by proffering its services.

Opinion letter to Mr. John C. Vaughn

Opinion letter to the Honorable William S. Brandom

A regional planning commission organized under the provisions of Sections 251.150, RSMo 1969 et seq., is advisory to the governmental units in the region and does not have authority to exercise the legislative functions of local government although the participating municipalities may, under Sections 89.010, RSMo 1969 et seq., adopt planning and zoning as recommended by the commission. Such a regional planning commission has no authority to enter into an agreement with municipalities to enforce municipal codes.

The boundaries of a "polling place" are determined by the perimeter of the area actually occupied by the election personnel, supplies, and equipment of the place at which the voters cast their ballots. Where a room is fully occupied, the walls of the room define this perimeter . Where less than the total area of an enclosure is occupied, the perimeter of the area actually occupied defines the boundaries.

Opinion letter to the Honorable J. Anthony Dill

The St. John Levee and Drainage District, a circuit court drainage district of New Madrid and Mississippi Counties, Missouri, has statutory authority to give assurances to the Department of Army as are required by the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

1. The State Highway Commission may not utilize state road or highway fund moneys to defray the cost of the administration of a system of permits for the regulation of outdoor advertising. 2. The adoption of the permit system by the State Highway Commission is mandatory under Section 226.550, RSMo Supp. 1971. 3. Regulations for a permit system for outdoor advertising need not be adopted by the State Highway Commission and filed with the Secretary of State prior to such system’s becoming effective. 4. Section 226.550, RSMo Supp. 1971, provides that permits be issued on a one-time basis. 5. Permits are specifically required only for the outdoor advertising specified in Section 226.520(5), RSMo 1969. Pre-existing signs that come within this provision are subject to permit regulation. Other pre-existing and non-conforming signs, subject to removal under Sections 226.560 and 226.580, RSMo 1969, need not obtain permits. 6. Section 226.550, RSMo Supp. 1971, refers to subparagraph (5) of Section 226.520, RSMo 1969. Therefore, outdoor advertising located in unzoned commercial or industrial areas, as defined and determined pursuant to Sections 226.500 to 226.600, RSMo 1969, is required to have a permit.

Upon a third class county becoming a second class county, pursuant to Chapter 48, RSMo 1969, the alternative form of government, i.e., township organization, if previously adopted, automatically ceases to exist.

Opinion letter to the Honorable Richard M. Webster