Missouri Attorney General Opinions

Opinion letter to the Honorable John H. Mittendorf

(1) The Real Estate Commission cannot grant a license to a person whose license has been revoked under Section 339.110, RSMo 1959; (2) The Real Estate Commission can grant a license to a person whose license has been revoked under Section 339.100, RSMo 1959, if such person makes proper application and meets the qualifications of Section 339.040, RSMo 1959.

Opinion letter to the Honorable C. Salley

Opinion letter to Senator Donald L. Manford

Opinion letter to the Honorable Clinton Almond

The State Director of Liquor Control has no authority to deny a license to a person to sell intoxicating liquor or nonintoxicating beer under Section 311.060, RSMo and 312.040, RSMo, because such person has been convicted of violating a city ordinance relating to the manufacture or sale of intoxicating liquor or nonintoxicating beer.

Opinion letter to County Court

Review and certification of Missouri State Board of Education's Agreement with the United States Department of Health, Education and Welfare under the Manpower Development and Training Act of 1962, as amended.

If a person operates a motor vehicle when his driver's license is suspended under Chapter 303, RSMo, "The Safety Responsibility Law," he is in violation of Section 303.370, RSMo 1959, and not Section 302.321, RSMo Supp. 1967.

Opinion letter to the Honorable Robert L. Dunkeson

A county collector in a third class county not having township organizations is authorized to collect and retain a commission under Section 52.260, RSMo Supp. 1967, for collecting taxes levied under Section 278.250, RSMo Supp. 1967.

Opinion letter to the Honorable Donald L. Manford

(1) An assistant county counselor of a first class county can also be employed as counsel by a sewer district formed under Sections 204.250 through 204.470, RSMo Supp. 1967; (2) An assistant county counselor of a first class county may also be employed as administrative assistant of the highway engineer of that county, so long as such person in no way renders legal services in his capacity as administrative assistant.

Opinion letter to the Honorable Ralph Combs

The operator of a motor vehicle on the public highways who loses control and goes off the highway and causes damage to another's property in excess of $100 must file a report under Section 303.040, RSMo 1959.

Opinion letter to the Honorable Don

Section 178.840, RSMo Supp. 1967, does not permit, authorize or direct the Junior College District of Metropolitan Kansas City, Missouri, to hold an election on the first Tuesday in April 1969, for the election of a trustee.

Opinion letter to the Honorable Lowell McCuskey

Opinion letter to the Honorable G. William Weier

Opinion letter to the Honorable Harry Wiggins

Opinion letter to the Honorable James N. Foley

Opinion letter to the Honorable Arlie H. Meyer

Section 65.230(2), RSMo 1959, authorizes compensation to a township treasurer of two per cent on all funds handled by him up to the amount of $1,000.00, and one per cent on all funds in excess of such amount. He is not entitled to receive two per cent on funds received by him, and another two per cent for disbursing the same funds.

Opinion letter to the Honorable William T. Brooking, Jr.

County assessor can verify the assessor's books as provided by Section 137.245, R.S.Mo., when such assessor's books have been prepared by data processing equipment operators from information furnished by the assessor.

Opinion letter to the Honorable James. F. Flynn

Opinion letter to the Honorable James C. Kirkpatrick

A school district board of directors has authority to elect to become an "employer" under the Workmen's Compensation law and to provide workmen's compensation for its employees and use public funds for such purposes.

Review and certification of State Plan for Attracting and Qualifying Teachers to Meet Critical Teacher Shortages under Part B, Subpart 2 of the Education Professions Development Act, Title V Higher Education Act of 1965, as amended by P.L. 90-35.

Opinion letter to the Honorable Harold L. Volkmer

An agency of the state government may be authorized by the legislature to contract and cooperate with private medical schools for the purpose of training Missourians in the medical profession.

A private corporation may not be authorized to accept and retain fees for collecting samples for inspection and grading of grain by the Department of Agriculture pursuant to the provisions of the Missouri Grain Warehouse Law. Such samples must be collected by an employee of the state and the fees paid to the Collector of Revenue and deposited in the State Treasury.

City police officers, sheriff, and state highway patrol have jurisdiction over crimes committed on state university property.

Opinion letter to the Honorable Hubert Wheeler

Opinion letter to the Honorable Hubert L. Davidson

Opinion letter to the Honorable James P. Dalton

It is the opinion of this office that a private watchman licensed by the Board of Police Commissioners of the City of St. Louis has authority limited by the terms of his license to serve and act as a private watchman at certain designated premises within the City of St. Louis only. Such a watchman is not an officer of a municipality in a first class county having a charter form of government and accordingly is not within the provisions of Sections 66.200, RSMo Supp. 1967, or 66.250, RSMo Supp. 1967, relating respectively to the transmission of municipal records and requiring municipal police officers to take training courses. Further, such a watchman has no authority to make an arrest in St. Louis County for a misdemeanor not committed in his presence.

A court cannot grant a limited hardship privilege where a license has been revoked under the provisions of Section 302.291, RSMo.

The Reynolds County Hospital District organized under Chapter 206, RSMo., may provide an ambulance service to the inhabitants of the hospital district as an incident to the operation of the hospital. Such service may only be provided after the hospital is established. The District cannot furnish a general ambulance service provided for in Section 67.300, RSMo Supp. 1967.

(1) Teachers may join in groups, including unions, for the purpose of making proposals to school boards, but the boards cannot enter into binding agreements with such groups; (2) School boards may consider teacher group proposals and are not precluded from acting favorably upon such proposals to the extent that they do not conflict with applicable law or superior regulation; (3) School boards may enter into binding contracts with individual teachers which extend beyond the term of the school board, provided that the individual contract is not for an unreasonable term, in bad faith, fraudulent or in conflict with any statutory provisions or superior regulations; (4) No school board can enter into a contract which involves more than one teacher; (5) The school boards exercise a function of the sovereign and as such cannot delegate and cannot bargain or contract away any sovereign powers or duties.

Stenographic and clerical help employed by prosecuting attorneys of third and fourth class counties under the authority of Section 56.245, RSMo Supp. 1967, are employees of the county and not of the prosecuting attorney, and, therefore, such employees are entitled to receive compensation from the county for the period between the date of death of the prosecuting attorney and the date the vacancy of the office was filled by appointment by the Governor during which period there was an acting prosecuting attorney. The person appointed as special prosecutor upon the absence of the prosecutor is not entitled to any remuneration for his services other than that as provided by Section 56.130, RSMo 1959.

Section 321.220, RSMo Cum. Supp. 1967, granting certain powers to board of directors of fire protection district of first class county empowers directors to require removal of obstructions in streets within district.

Opinion letter to the Honorable R. Jack Garrett

Civilian employees of the Missouri National Guard may join labor organizations under the provisions of Section 105.510, but the organization may not enter into a collective bargaining contract binding on the state.

It is the opinion of this office that the services of a podiatrist are not “physician’s services” as provided in Section 208.152, RSMo. Supp. 1967, providing for benefit payments for medical assistance on behalf of needy persons.