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1981 Missouri Attorney General's Opinions

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1981 Missouri Attorney General's Opinions

OPINION DATE TOPIC SUMMARY
1-81 Jan 27 Opinion letter to The Honorable James F. Antonio
2-81 Jan 26 Opinion letter to Mr. J. H. Frappier
5-81 Oct 22 Opinion letter to Barrett A. Toan
6-81 Feb 3 SOLDIERS. Depreciation is to be considered as an operating cost when calculating the average per capita cost of each type of care provided for residents of the Missouri Veteran's Home, pursuant to Section 42.110, RSMo 1978, and that depreciation also is to be included in determining the actual cost of care for such residents pursuant to the above statute.
7-81 Mar 20 Opinion letter to Dr. James Frank
10-81 Jun 26 Opinion letter to Mrs. Jane Bierdeman-Fike
12-81 Jul 9 HOSPITALS.
COUNTY HOSPITALS.
COURT COSTS.
CIVIL COSTS.
A filing fee is not required in an action brought on behalf of a county hospital organized under the provisions of 205.160 for the collection of an overdue account.
13-81 Dec 21 SHERIFFS.
DEPUTY SHERIFFS.
A deputy sheriff may not serve as a security guard in his off duty hours and receive remuneration from a private entity for such service unless his job as a security guard does not encompass any of those duties which he is obliged to perform by virtue of his position as a deputy sheriff.
16-81 Feb 5 CRIMINAL LAW.
CRIMINAL PROCEDURE.
DEPARTMENT OF SOCIAL SERVICES.
A defendant receiving concurrent sentences on offenses committed both before and after the enactment of the present criminal code, can be held in prison beyond his conditional release date on the code sentence until he is granted release on the 7/12ths date on the pre-code sentence. However, the conditional release term should continue to run simultaneously with any periods of incarceration on the longer concurrent pre-code sentence.
17-81 Feb 5 CRIMINAL LAW.
CRIMINAL PROCEDURE.
DEPARTMENT OF SOCIAL SERVICES.
If a defendant is sentenced to serve concurrent sentences of unequal length under the present criminal code, he must have the shorter sentence run continuously with the longer sentence. The conditional release term on the shorter sentence should continue to run during the prison term on the longer sentence.
18-81 Dec 21 SUNSHINE LAW.
CLOSED MEETINGS.
It is the opinion of this office that the Coordinating Board for Higher Education must open all meetings, votes, and records unless the closing of such meeting, vote, or record is justified under the provisions of 610.025, RSMo; all business discussed or transacted in a closed meeting must fall within the exceptions under 610.025, RSMo; the board must duly vote at an open public meeting that the board will close the meeting; notification of a closed meeting is not required when the vote to close such meeting has been made at an open meeting of which the public has been notified; all members of the public should be removed from a closed meeting; and if the board lawfully votes to close a meeting, vote, or record under 610.025, the vote or record of such meeting is not open under the provisions of Chapter 610, RSMo.
20-81 Jan 7 Opinion letter to The Honorable William C. McIlroy
21-81 Jan 15 SOCIAL SECURITY.
PROSECUTING ATTORNEYS.
ASSISTANT PROSECUTING ATTORNEYS.
Counties where assistant prosecutors are employed under 56.700, RSMo Supp. 1980, are responsible for the employer's share of social security taxes and for fringe benefits provided to other county employees.
22-81 Jan 28 CITIES, TOWNS & VILLAGES.
CITY COUNCIL.
CITY OFFICERS.
COMPENSATION.
CONSTITUTIONAL LAW.
After a municipal election, the city council of a fourth class city must meet as soon as the results of the election can be declared, declare and certify such results, and allow the aldermen-elect to take office upon their taking the oath and qualifying. Such city has no authority to delay the aldermen-elect from taking office by ordinance provision delaying such date. A compensation increase passed with respect to such board of aldermen after the election and prior to the date the new aldermen take office to take effect when the new board of aldermen take office does not increase the compensation on that date of either the alderman-elect who was not previously an incumbent, the aldermen-elect who were incumbents, or the incumbents who were not up for election.
25-81 May 18 PEACE OFFICERS.
JUVENILE OFFICERS.
Juvenile officers do not fall within the definition of peace officers as provided by Section 590.100(2), RSMo.
29-81 Jun 10 Opinion letter to The Honorable Gary E. Stevenson
31-81 Apr 28 MENTAL HEALTH. In considering 205.975 through 205.990, RSMo, in their entirety, before any entities can receive community mental health fund moneys levied and collected by counties under 205.975 through 205.990, the entities are required to be designated by the Department of Mental Health in the state plan as providers of comprehensive mental health services in the catchment areas where the entities are located.
32-81 Feb 4 Opinion letter to The Honorable Edward D. Daniel
34-81 Feb 4 Opinion letter to The Honorable Estil Fretwell
35-81 Oct 2 DEPARTMENT OF PUBLIC SAFETY.
TORT DEFENSE FUND.
ADJUTANT GENERAL.
The Tort Defense Fund does not extend generally to the officers, agents, employees and members of the Office of the Adjutant General, to those in the Disaster Planning and Operations Office, or to those in the Office of Air Search and Rescue except to the extent that individuals so employed are the Adjutant General or members of the Missouri National Guard.
36-81 Mar 12 Opinion letter to The Honorable George E. Murray
39-81 Jan 29 LIBRARIES. Under the terms of 137.073.3, RSMo Supp. 1980, if a library district is on a calendar year and the assessed valuation of real or real and personal property combined within the district has increased by ten percent or more over the prior year's valuation by action other than general reassessment, the tax rate set in 1980 must be lowered to the extent necessary to produce substantially the same amount of tax revenue as estimated in the library district's 1980 annual budget.
40-81 Nov 16 STATE EMPLOYEES' RETIREMENT SYSTEM.
MEDICAL CARE PLAN.
HEALTH INSURANCE AND ACCIDENT INSURANCE.
The Board of Trustees of the Missouri State Employees' Retirement System has authority under the provisions of 104.515, RSMo Supp. 1980, to include in any health benefits plan offered to its members the option of membership in a health maintenance organization organized under Chapter 354, RSMo 1978, and the Missouri State Employees' Retirement System must offer its members the option of membership in a qualified health maintenance organization, where twenty-five (25) or more system members reside in that HMO's service area.
43-81 Jun 26 RETIREMENT.
STATE EMPLOYEES' RETIREMENT SYSTEM.
Under 104.310, et seq., as amended by House Committee Substitute for House Bills Nos. 835, 53, 591 and 830 of the 81st General Assembly, if the employee does not use his accrued annual leave while he is an employee, and accrued annual leave is paid as a lump sum on the payroll for the employee's last month of work, the accrued annual leave is excluded from calculations of average final compensation and creditable service. Retirement benefits then commence the day after the last day worked.
45-81 Jan 13 CITIES, TOWNS AND VILLAGES. Section 71.015, SSHB No. 1110, 80th General Assembly, is not applicable to cities, towns, or villages located in first class charter counties. The provisions of 71.860, RSMo, refer to repealed 71.015, RSMo 1978, which still applies to cities, towns, or villages in first class charter counties.
47-81 Feb 19 Opinion letter to Mr. Joseph Frappier
49-81 Jan 8 Opinion letter to The Honorable Emory Melton
50-81 Mar 2 Opinion letter to Senator Edwin L. Dirck
51-81 Sep 21 Opinion letter to The Honorable Samuel C. Jones
52-81 Jan 13 INSURANCE. Section 71.015, SSHB No. 1110, 80th General Assembly, is not applicable to cities, towns, or villages located in first class charter counties. The provisions of 71.860, RSMo, refer to repealed 71.015, RSMo 1978, which still applies to cities, towns, or villages in first class charter counties.
53-81 Sep 21 Opinion letter to The Honorable Kenneth L. Oswald
60-81 Jan 30 CONSTITUTIONAL LAW.
STATE MONIES.
CRIMINAL PROCEDURE.
It is within the power of the general assembly to pass substantive legislation aiding crime victims and to appropriate money therefor from general revenue. The general assembly also has the power to pass general legislation compensating crime victims from the proceeds of a pool of money originating from a surcharge on court costs and to require a defendant as part of his criminal punishment to compensate his victim.
61-81 Apr 3 Opinion letter to The Honorable John A. Birch
63-81
Addendum
Jan 14 Opinion letter to The Honorable Morris Westfall
64-81 Apr 3 Opinion letter to Mr. W. David Blackwell
65-81 Feb 2 CITIES, TOWNS & VILLAGES.
CITY COUNCIL.
CITY ORDINANCES.
Under the holding of State ex rel. Stwart v. King, 562 S.W.2d 704 (Mo. App., K.C.D. 1978), an alderman of a fourth class city who abstains from voting, under 79.130, RSMo, does not have his abstention counted as a vote.
67-81 Mar 12 Opinion letter to Mr. Fred A. Lafser
68-81 Jan 16 Opinion letter to The Honorable Kaye Steinmetz
69-81 Feb 2 CONSTITUTIONAL LAW.
SALARIES.
COMPENSATION.
JUVENILE OFFICERS. JUVENILE COURTS.
Amendment of Section 211.381 RSMo increasing salaries of juvenile court personnel who are paid out of local funds would not require payment of such increases by the state.
71-81 Mar 13 EMPLOYMENT COMPENSATION.
CONSTITUTIONAL LAW.
STATE REVENUES.
Only such sums as are expended from the unemployment compensation fund for payment of administrative expenses pursuant to an appropriation by the legislature are properly includable in the definition of total state revenues found in Section 17, Article X of the Missouri Constitution.
72-81 May 6 SCHOOLS.
DEPOSITARIES.
SCHOOL DISTRICTS.
Local school districts are not required to bid depositaries in accordance with the provisions of Chapter 165, RSMo, because it is "unlawful” for a banking institution to pay interest upon demand deposits.
73-81 Apr 2 MERIT SYSTEM.
STATE EMPLOYEES.
REORGANIZATION ACT.
Division directors of the Department of Social Services may designate only one exempt assistant pursuant to 36.030.1(1), RSMo Supp. 1980.
76-81 Mar 20 Opinion letter to The Honorable James R. Strong
77-81 Mar 20 Opinion letter to The Honorable Jerry E. McBride
80-81 Feb 25 Opinion letter to Dr. James F. Antonio
84-81 Feb 25 Opinion letter to The Honorable Fred Lynn
85-81 Mar 11 Opinion letter to The Honorable Harold L. Lowenstein
86-81 May 27 SHERIFFS.
COUNTIES.
COUNTY COURT.
A contract entered into with the United States Secretary of the Army under 57.109, RSMo Supp. 1980, for special law enforcement services by a sheriff must have the approval of the county court. The sheriff does not receive any additional compensation for the performance of such services, although the contract may contain provisions for direct reimbursement of mileage expense for the sheriff or his deputies using personal vehicles.
87-81 Feb 24 EMPLOYMENT SECURITY. The half percent increase in the employer's contribution to the unemployment compensation fund under 288.123, RSMo Supp. 1980, is effective for the quarter following the ensuing quarter after any quarter in which the cash balance in the unemployment fund on any day is below 150 million dollars, but is not a cumulative increase.
88-81 Mar 3 Opinion letter to The Honorable Gary D. Sharpe
89-81 Jun 8 Opinion letter to The Honorable William R. O'Toole
90-81 Mar 23 Opinion letter to The Honorable Lester Patterson
91-81 Mar 6 Opinion letter to The Honorable Robert B. Langworthy
92-81 Jun 16 Opinion letter to The Honorable Paul Bradshaw
93-81 Mar 4 Opinion letter to Mr. Fred A. Lafser
94-81 Mar 6 Opinion letter to The Honorable Al Nilges
96-81 Nov 30 GOVERNOR.
STATE LAND.
STATE UNIVERSITIES.
NORTHEAST MISSOURI STATE UNIVERSITY.
REORGANIZATION ACT.
Section 15.10 of Omnibus State Reorganization Act of 1974 governs as to real property of Northeast Missouri State University notwithstanding Section 174.040(3), RSMo Supp. 1980, and title to such property vests in the Governor and can only be conveyed pursuant to statutory authorization.
97-81 Mar 6 Opinion letter to Dr. Arthur L. Mallory
98-81 Mar 30 Opinion letter to The Honorable Fred B. Brummel
99-81 Mar 17 Opinion letter to The Honorable Travis Morrison
102-81 Mar 24 Opinion letter to The Honorable Steve Vossmeyer
104-81 May 13 HANCOCK AMENDMENT.
TAXATION (MERCHANTS & MANUFACTURERS).
The change by the St. Louis County Board of Equalization in the formula for calculation of the merchants' and manufacturers' tax does not constitute an increase in the levy of an existing tax or the imposition of a new tax and need not, therefore, be submitted for voter approval according to the Hancock Amendment.
106-81 May 16 Opinion letter to The Honorable Gary E. Stevenson
107-81 Jun 26 Opinion letter to The Honorable Kenneth L. Oswald
109-81 May 5 HANCOCK AMENDMENT.
CONSTITUTIONAL LAW.
CITIES, TOWNS & VILLAGES.
The city of Warrensburg may, by appropriate ordinance, establish a special business district within such city. The provisions of the Hancock Amendment notwithstanding, the district so established may in turn impose the taxes provided for within 71.800, RSMo 1978, against the owners of real property within such district without obtaining further approval by election authorizing such taxes.
113-81 Jun 26 Opinion letter to The Honorable Paul L. Bradshaw
115-81 Jul 9 ASSESSMENTS.
REASSESSMENT.
HANCOCK AMENDMENT.
CONSTITUTIONAL LAW.
STATE TAX COMMISSION.
With regard to the statewide reassessment currently in process the "state financed proportion” required to be maintained according to the Hancock Amendment (Art. X, 21) is to be measured by the percentages set forth in 137.750, RSMo Supp. 1980, and that accordingly, the state is responsible for reimbursement to the counties based upon the application of those percentages to actual approved expenses incurred in each county of the state.
116-81 May 1 Opinion letter to The Honorable John G. Meyer
119-81 May 14 Opinion letter to The Honorable David Doctorian
120-81 Apr 30 Opinion letter to The Honorable Joe Moseley
122-81 Apr 22 Opinion letter to The Honorable Larry E. Mead
123-81 Oct 2 HANCOCK AMENDMENT.
CONSTITUTIONAL LAW.
The state's July 1, 1980, opening balance is properly to be included within the definition of "total state revenues” for purposes of computation of the FY 1982 revenue limit under the Hancock amendment.
124-81 May 1 HANCOCK AMENDMENT.
CONSTITUTIONAL LAW.
The charges imposed by the Board of Public Works of the city of Fulton for electricity and natural gas consumption do not constitute any type of tax, license, or fee within the meaning of Art. X, 22, Mo. Constitution, and that increases in those charges do not, therefore, depend for their validity upon voter approval prior to imposition.
126-81 May 7 Opinion letter to The Honorable James F. Antonio
128-81 Dec 31 LAND RECLAMATION COMMISSION.
STATE CONTRACTS.
STATE PURCHASES.
The Land Reclamation Commission in implementing the Surface Coal Mining Law, Sections 444.800 to 444.940, RSMo Supp. 1981 , is subject to requirements of the Purchasing Law, Chapter 34, RSMo 1978.
129-81 Sep 25 Opinion letter to The Honorable Stephen C. Bradford
130-81 Jul 1 Opinion letter to The Honorable Estil Fretwell
132-81 Dec 24 Opinion letter to The Honorable Lester R. Patterson
135-81 Jul 1 HANCOCK AMENDMENT.
CONSTITUTIONAL LAW.
FIRE PROTECTION DISTRICTS.
Black Jack Fire Protection District may, without additional voter approval, increase its levy to the full amount authorized to that entity by the voters under 321.241, RSMo 1978, as of November 4, 1980.
137-81 Sep 28 Opinion letter to The Honorable Phil Snowden
139-81 Sep 28 Opinion letter to The Honorable Jerry E. McBride
145-81 Jul 8 Opinion letter to The Honorable John A. Birch
153-81 Dec 3 ACCIDENT REPORTS.
JUVENILES.
PEACE OFFICERS AND PEACE OFFICERS' RECORDS.
TRAFFIC OFFENSES.
TRAFFIC VIOLATIONS.
Peace officers:

(1) may release the names of sixteen-year-old juveniles involved in traffic accidents;

(2) may release the names of sixteen-year-old juveniles who are alleged to have violated non-felony state or municipal traffic ordinances or regulations in connection with a traffic accident;

(3) may not release the names of sixteen-year-old juveniles who are alleged to have violated state or municipal traffic ordinances or regulations the violations of which are felonies;

(4) may not release the names of juveniles under the age of sixteen who are alleged to have violated state or municipal traffic ordinances or violations; and

(5) consistent with this opinion's holding on the release of names, may release other pertinent information concerning a traffic accident to inquiring parties.
158-81 Dec 3 SOIL AND WATER DISTRICTS COMMISSION.
REORGANIZATION ACT.
GOVERNOR.
DEPARTMENT OF NATURAL RESOURCES.
Members of State Soil and Water Districts Commission are to be appointed pursuant to Section 10.4 of Reorganization Act.
159-81 Jul 24 Opinion letter to The Honorable Orvey C. Buck
160-81 Aug 18 CIRCUIT CLERKS.
DEPUTY CIRCUIT CLERKS.
STATE EMPLOYEES' RETIREMENT SYSTEM.
1. A person who was a deputy circuit clerk in the City of St. Louis on June 30 1981 and who became a state employee the next day is a member of the Missouri State Employees' Retirement System and entitled to creditable prior service for all service rendered to the City of St. Louis if the individual complies with the provisions of paragraphs (a), (b), (c) and (d) of 104.345.3(1) of House Committee Substitute for House Bills Nos. 835, 53, 591 and 830 of the 81st General Assembly.

2. The allowance for creditable prior service provided for in House Bills Nos. 835, 53, 591 and 830 of the 81st General Assembly, for deputy circuit clerks of the City of St. Louis is not contingent upon the City of St. Louis Retirement System consenting to the transfer of funds.
163-81 Aug 18 Opinion letter to The Honorable John Schneider
167-81 Dec 21 TEACHERS.
TEACHER EMPLOYMENT.
SCHOOL DISTRICTS.
Under Section 168.221, a metropolitan school district

(1) is not required to give a probationary teacher any reason for nonretention of the teacher for the subsequent school year, and

(2) is not required to give a probationary teacher whose work has been determined unsatisfactory in March of a given year a statement of the reason or reasons for nonretention or a written statement setting forth the nature of the teacher's incompetency, or to allow the teacher a period of one semester within which to improve.
170-81 Oct 8 Opinion letter to The Honorable Kaye Steinmetz
175-81 Dec 24 DEPARTMENT OF PUBLIC SAFETY.
LIQUOR.
LICENSES.
The supervisor of the Division of Liquor Control may not issue a license for the sale of light wines not in excess of fourteen percent by weight by the drink at retail for consumption on the premises where sold in cities under 20,000 inhabitants or unincorporated areas outside the city limits unless a majority of the qualified voters of said city have authorized him to do so. The supervisor of the Division of Liquor Control retains his statutory discretion to issue a license for sale by the drink at retail for consumption on the premises where sold of light wines not in excess of fourteen percent in cities and unincorporated areas not within the purview of Section 311.090.
177-81 Dec 17 WORKERS' COMPENSATION.
CRIME VICTIMS.
The Workers' Compensation Fund, Section 287.710, may not be expended for salaries and expenses relating to the administration of Chapter 595, pertaining to crime victims.
178-81 Dec 17 CONFLICT OF INTEREST.
PRESIDING JUDGE COUNTY COURT.
SCHOOL BOARDS.
SCHOOL CONTRACTS.
Presiding judge of county court is not a regular member of school board under Section 162.301.3, RSMo Supp. 1981 , and, therefore, Section 105.458, RSMo, is not applicable to presiding judge.
180-81 Dec 28 Opinion letter to The Honorable Jack Goldman
181-81 Nov 17 Opinion letter to The Honorable George E. Murray
182-81 Nov 13 Opinion letter to The Honorable James C. Kirkpatrick
183-81 Dec 21 JUDGES.
JUDICIAL RETIREMENT.
STATE EMPLOYEES' RETIREMENT SYSTEM.
A judge who requests and receives a refund of retirement contributions as provided in subsection 4 of Section 476.585, RSMo Supp. 1981 , will not suffer any reduction or elimination of benefits on his or her own behalf or on behalf of a spouse under the provisions of Sections 476.535, 476.540 and 476.545 which they would otherwise be eligible to receive.
199-81 Dec 22 Opinion letter to The Honorable James F. Antonio
 
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