Missouri AG Opinions — 1975

Opinion letter to Mr. James R. Spradling

Counties, cities, and other political subdivisions specified in Section 110.010, RSMo, are authorized to invest their funds in time deposits, including certificates of deposit. Advertisement for bids is not required.

Opinion letter to Mr. Ronald L. Boggs

Opinion letter to Mr. Daniel M. Buescher

Meetings of the Columbia City Council regarding the hiring of a municipal judge or city manager fall within the “personnel” exception of § 610.025(4) of the Sunshine Law (§§ 610.010, et seq. , RSMo Supp. 1973) and therefore may be closed to the public.

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable Dan Harmon

Opinion letter to the Honorable William O. Green

1. A member of the Missouri General Assembly who took office in January, 1973, cannot during the term for which he was elected accept the position of Director of Coordination of Technical Vocational Programs for the Department of Higher Education which position was created after January, 1973, because such acceptance would violate Article , Section 12, Constitution of Missouri. 2. A resignation submitted to the Governor by a member of the General Assembly when the General Assembly is in session is invalid and a nullity and does not result in a vacancy in office.

The presiding judge of the county court of Ripley County cannot be employed and paid compensation for his services to supervise the courthouse renovation project.

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to Mr. Lawrence L. Graham

Opinion letter to the Honorable James I. Spainhower

Opinion letter to the Honorable Earl L. Schlef

Opinion letter to James P. Anderton

Under provisions of House Bill No. 1612 of the General Assembly, a cigarette wholesaler who purchases cigarette tax stamps or meter units on a deferred payment basis must pay for such stamps or meter units on or before the fifteenth day of the month following the month in which the stamps or meter units were purchased.

(1) The cost of special educational services, including transportation, for a handicapped child who has been placed in a home by the Missouri Department of Mental Health, regardless of where those services are provided, is paid by the Department (under the provisions of Section 162.970, RSMo Supp. 1973). The Department of Mental Health is then reimbursed by the school district in which the parent or guardian resides or which would otherwise be responsible for special educational services for the child in an amount not to exceed the average sum produced per child by the local tax effort of the parent’s district. (2) The cost of special educational services and of transportation for a handicapped child not admitted to the programs or facilities of the Missouri Department of Mental Health who resides in a home that provides care or treatment – whether the child is an offender or troubled, abandoned, or neglected – is the responsibility of the school district in which the home is located. If the responsible district does not provide those services itself, it must contract with another district or with a public or a private agency for those services and it must provide transportation to the place where the services are provided.

Opinion letter to the Honorable Frank

The prosecuting attorney in each county and the circuit attorney of the City of St. Louis have authority to institute civil collection remedies for the collection of moneys assigned to the state under the provisions of Public Law 93-647, relating to family support.

Opinion letter to Mr. Lawrence L. Graham

Opinion letter to the Honorable James C. Kirkpatrick

Opinion letter to the Honorable John T. Russell

(1) Soil and water conservation districts, organized under the provisions of Chapter 278, RSMo, are not private corporations, but are public, political subdivisions of the state, and (2) Section 278.145, RSMo 1969, providing for aid to soil and water conservation districts from cities and counties, does not violate Article VI, Section 25, Missouri Constitution.

The term “reasonable cause to believe” as used in H.B. 578 is the equivalent of the term “suspected” as used in the Federal Register, Volume 39, No. 245, Section 1340.3-3(d)(2)(i).

Opinion letter to Dr. Arthur L. Mallory

The metropolitan police systems in St. Louis and Kansas City are “state agencies” within the meaning of Section 29.200, RSMo.

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to the Honorable W. Swain Perkins

Opinion letter to the Honorable Frank

Employment "in any other school system," as that phrase is used in Section 168.104(5), RSMo 1969, includes any full-time teaching position, whether inside or outside of Missouri and whether in public or private schools. It includes teaching service in a junior college, four-year college, or university and in a bona fide early childhood or preschool program.

Opinion letter to the Honorable Kenneth J. Rothman , Honorable James P. Mulvaney and Honorable Wayne Goode

Opinion letter to Mr. James I. Kennedy

Opinion letter to Harold P. , M.D.

Opinion letter to Mr. Alfred C. Sikes

Opinion letter to the Honorable Jerold L. Drake

Under Section 104.380.1(1), RSMo Supp. 1973, the Director of the Department of Natural Resources, and not the Clean Water Commission, is the "head of the department" for purposes of retention of a director of staff to the Commission beyond normal retirement age.

Opinion letter to Mr. Edward A. Godar

No valid contract existed between a teacher and a board of education when the teacher failed to secure before the beginning of school the specific certificate that was an express condition of the contract. Since there was no valid contract between the teacher and the school board, the teacher's certificate of license to teach cannot be revoked because no valid contract was annulled when the teacher failed and refused to teach in a position for which he did not have a valid certificate of license.

Opinion letter to Dr. Jack Cross

Opinion letter to Dr. Arthur L. Mallory

Opinion letter to Harold P. , M.D.

Opinion letter to the Honorable Harold L. Lowenstein

The maximum amount of bonded indebtedness in 1975 is to be determined by the 1974 assessed valuation of tangible personal property although Senate Bill 333, General Assembly, Second Regular Session, excludes household goods from taxation beginning January 1975.

1) The scope of an audit requested pursuant to Section 29.230.2, RSMo, lays within the discretion of the State Auditor, provided that discretion is reasonably exercised; (2) the State Auditor is authorized to include those public offices in the City of St. Louis performing a function comparable to a county within an audit of the City of St. Louis, requested pursuant to Section 29.230.2, RSMo; and (3) there is no requirement that the political subdivision, which is to be audited, produce to the Auditor the receipt of the state collector showing that the cost of such audit has been paid to the collector.

Opinion letter to the Honorable A. J. Seier

The City of Farmington may impose user charges pursuant to Section 204.026 (18), RSMo Supp. 1973, to cover costs of operation and/or future expansion of a public sewer treatment facility constructed pursuant to a grant of federal funds under 33 U.S.C., Sections 1281-1292, without the necessity of an election as provided in Section 71.715, RSMo 1969.

Opinion letter to Mr. Michael D. Garrett