Missouri AG Opinions — 1987

An area agency on aging which is a not-for-profit corporation incorporated under Chapter 355, RSMo, comes within the provisions of Sections 610.010 through 610.030, RSMo, the Sunshine Law, because it is a “public governmental body” as defined in Section 610.010(2), RSMo Supp.1987.

Opinion letter to The Honorable George K. Hoblitzelle

The Missouri State Library, the libraries of Missouri public institutions of higher education and local public libraries formed under Chapter 182, RSMo 1986, can enter into the restrictions on the copying of records received from as those restrictions are set forth in Appendix 3 to the / agreement and in the Principles and Guidelines attached thereto without violating state laws regarding the availability of governmental records for copying by the public, but the aforementioned governmental entities may not enter into the hold harmless clause in paragraph 10 of Appendix 3 to the / agreement because to do so would be an unauthorized waiver of sovereign immunity.

Opinion letter to The Honorable Roger B. Wilson

The Boone County Commission is not authorized to call a nonbinding preference election on the sale or lease of Boone County Hospital.

The circuit clerk may not invest funds deposited into the registry of the circuit court in mutual funds.

A fourth class city may allocate funds to pay for attorney fees on behalf of the members of the board of aldermen and the mayor when they are sued in their official capacity under the facts described herein.

The amount of the bond of the county collector in a third class county where the county commission has required daily deposits may not be in a sum less than one-fourth of the largest amount collected during any one month of the year immediately preceding the county collector's election or appointment, plus ten percent of the amount.

Opinion letter to Hugh C. Harvey

Section 71.012 and Section 71.014, RSMo 1986, provide alternative methods of annexation. A city of the fourth class in St. Charles County has the option of proceeding under either of these sections.

Opinion letter to Gordon Rolla Upchurch

Opinion letter to The Honorable Molloy

Opinion letter to The Honorable Norman Merrell

Opinion letter to The Honorable Joseph L. Driskill

Opinion letter to Frederick A. Brunner, Ph.D., P.E.

Opinion letter to The Honorable Norman Merrell

Water patrolmen do not have jurisdiction on all waterways of this state but only upon the waterways enumerated in Section 306.165, RSMo 1986, as described herein. Their jurisdiction upon land is as described herein.

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable D. Blunt

1. The State Auditor is not permitted to conduct performance audits of the Department of Mental Health and its facilities, but may postaudit the financial condition of the Department and its facilities. 2. To the extent that records relate to the duty of the State Auditor to postaudit the financial condition of the Department of Mental Health and its facilities, the Office of the State Auditor is entitled under the provisions of Section 630.080, RSMo 1986, to receive access to the following records of the Department of Mental Health in its audit examination of the Department and its facilities: A. Patient medical records, except drug and alcohol abuse records subject to federal confidentiality regulations; B. Physician peer review minutes or records where review of patient care was the subject of the meeting; C. Abuse and neglect investigation reports; D. Records of patient death cases. 3. To the extent that records relate to the duty of the State Auditor to postaudit the financial condition of the Department of Mental Health and its facilities, the Office of the State Auditor is entitled under the provisions of Section 630.080, RSMo 1986, to receive access to records relating to litigation pending against the Department of Mental Health in its audit examination of the Department and its facilities. However, where the doctrine of attorney-client privilege or work product privilege is properly assertable in pending or imminent litigation, the State Auditor is not entitled to access to those records. 4. Any of the foregoing facilities to the State Auditor shall not be divulged by the State Auditor in such a way to reveal personally identifiable information, and the Office of the State Auditor is reminded of the confidentiality provisions of Sections 29.070 and 29.080, RSMo 1986.

Opinion letter to The Honorable Glenn H. Binger

Opinion letter to Thomas M. Johnson

Opinion letter to The Honorable Joe McCracken

In order for a person to be eligible for the office of sheriff under Section 57.010, RSMo 1986, such person need not have been a registered voter of that county for one whole year before filing for that office.

Opinion letter to Carl M. Koupal , Jr.

Opinion letter to The Honorable D. Blunt

The decision whether to enter into an agreement with other states for operation of a joint on-line game as discussed herein rests solely with the State Lottery Commission. Provided that the proposed joint on-line game complies with the restrictions in the Missouri Constitution and applicable state statutes, the State Lottery Commission is not foreclosed from participating in such multi-state game. These constitutional and statutory restrictions include, among others, the following: (1) Of moneys received from the sale of Missouri state lottery tickets a maximum of forty-five percent shall be awarded as prizes, a maximum of ten percent shall pay all commissions, administration and promotion costs, and a minimum of forty-five percent shall be deposited in the state treasury to the credit of the general revenue fund. (2) Advertising shall provide only statistical information setting forth the odds of winning and the average return on the dollar in prize money to the public and strict factual statements of (a) the time, date and place of conducting the lottery; (b) the prize structure; (c) the type of lottery game being conducted; (d) the price of tickets; and (e) the locations where tickets for the Missouri state lottery are sold. Advertising shall not be designed to induce persons to participate in the lottery.

Opinion letter to The Honorable John E. Scott

A member of the Board of Supervisors of a drainage district organized under Chapter 242, RSMo, may not accept pay for work such as contract mowing, brush clearing or other similar services.

The Missouri State Tax Commission and county assessors can engage in cadastral mapping to the extent necessary to perform their duties under the law without being registered as land surveyors in Missouri.

Opinion letter to The Honorable Edward E. Quick

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable Cagle

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable D. Blunt

Opinion letter to Paul S. McNeill , Jr.

Opinion letter to The Honorable John Ashcroft

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable D. Blunt

Opinion letter to The Honorable William C. Linton

A municipal police officer responding to an emergency situation outside the limits of the municipality pursuant to Section 70.820, RSMo 1986 does have arrest powers for violations of state law, but does not have arrest powers for violations of municipal ordinances.

While the Student Government Association of Southwest Missouri State University is not normally a "public governmental body" as defined in Section 610.010(2), RSMo 1986, the provisions of Sections 610.010 to 610.030, RSMo 1986, applicable to "public governmental bodies" may become applicable to the Student Government Association when it participates by way of delegation from the Board of Regents in decisional authority beyond the perimeters of policies, rules and regulations previously formulated and promulgated by the Board of Regents or when the Student Government Association exercises de facto authority tacitly approved or summarily accepted by the Board of Regents.

Opinion letter to The Honorable D. Blunt