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1987 Missouri Attorney General's Opinions

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1987 Missouri Attorney General's Opinions

OPINION DATE TOPIC SUMMARY
8-87 Feb 13 Opinion letter to Richard C. Rice
11-87 Feb 13 Opinion letter to W. James Icenogle
12-87 Feb 13 Opinion letter to Paul S. McNeill, Jr.
13-87 Jan 27 ATTORNEYS.
BI-STATE DEVELOPMENT AGENCY.
CONFLICT OF INTEREST.
INCOMPATIBILITY OF OFFICES.
LEGISLATORS.
An attorney who is also a member of the General Assembly of the State of Missouri may not render legal services to the Bi-State Development Agency of the Missouri-Illinois Metropolitan District because such would constitute “employment under ... any municipality” of the State of Missouri and would be prohibited by Article III, Section 12, Missouri Constitution.
14-87 Jan 22 Opinion letter to The Honorable Merrill Townley
15-87 Feb 13 PORT AUTHORITY.
PROPERTY.
A regional port authority under Chapter 68, RSMo 1986, does have the authority to purchase real property outside of its designated boundaries, including property in an adjoining state, as long as it is necessary to fulfill the purposes of the port authority.
16-87 Mar 19 Opinion letter to Ronald R. Holliday
17-87 Mar 11 Opinion letter to Vic Downing
18-87 Mar 19 Opinion letter to Richard C. Rice
19-87 Mar 19 Opinion letter to Lewis R. Crist
21-87 Mar 19 Opinion letter to The Honorable Marion Cairns
22-87 Jan 27 Opinion letter to The Honorable Bob F. Griffin
25-87 Apr 6 Opinion letter to Gary E. Stevenson
26-87 Feb 3 Opinion letter to The Honorable Frank Bild
27-87 Dec 29 AREA AGENCIES ON AGING.
DIVISION OF AGING.
SOCIAL SERVICES, DEPARTMENT OF.
SUNSHINE LAW.
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.
30-87 Mar 19 Opinion letter to Richard C. Rice
32-87 Apr 6 Opinion letter to The Honorable Steve Danner
35-87 Apr 6 COUNTY HIGHWAY COMMISSION-DEPARTMENT.
COUNTY ROADS.
ROADS AND BRIDGES.
The provisions of Sections 230.235 and 230.240, RSMo 1986, are required to be implemented by third class counties which have adopted the alternative form of county highway commission.
36-87 Feb 24 MILITARY SERVICE.
STATE EMPLOYEES.
STATE EMPLOYEES' RETIREMENT SYSTEM.
When purchasing creditable prior service as a state employee for military service, the amount of payment computed is to bear interest at least from the date that the employee was employed by the state after leaving military service and, if the employee does not pay the required amount at the time of filing his election to purchase credit with the retirement system, the employee is to pay interest upon any unpaid balance.
41-87 Apr 23 Opinion letter to Richard C. Rice
44-87 Oct 2 Opinion letter to Thomas M. Johnson
46-87 Oct 30 Opinion letter to The Honorable Neil Molloy
48-87 Aug 25 Opinion letter to The Honorable Roy Cagle
49-87 Feb 24 TAXATION-PROPERTY.
TAXATION-RATE.
TAXATION-SCHOOLS.
REASSESSMENT.
(1) Political subdivisions may revise their property tax rates upward to the extent permitted by statute without a vote of the people, subject to limitations discussed herein;

(2) changes in assessed valuation constituting a general reassessment as defined in Section 137.073, RSMo 1986, are to be considered a general reassessment even if the changes are the result of implementing a biennial maintenance plan;

(3) school districts can adjust their Proposition C rollback pursuant to Section 164.013, RSMo 1986, as discussed herein; and (4) to the extent there is a conflict between Section 137.115, RSMo 1986, and Section 137.073, RSMo 1986, in adjusting tax rates, the provisions of Section 137.115, RSMo 1986, apply. We do not opine on whether the maximum tax rate calculated in 1985 under Article X, Section 22 of the Missouri Constitution can be exceeded in 1987 without a vote of the people.
51-87 Jun 4 Opinion letter to The Honorable W. O. 'Bob' Howard
52-87 Sep 4 Opinion letter to The Honorable Edward E. Quick
55-87 Jun 4 COUNTIES.
COUNTY COMMISSIONS.
COUNTY COURTHOUSE.
COUNTY OFFICES.
The county commission in a third class county has the authority under Section 49.265, RSMo 1986, to require all county offices, except the sheriff's office, to be open five and one-half days each week; therefore, such county commission has the authority to require county offices, except the sheriff's office, to be open Saturday mornings after being open Monday through Friday during regular working hours. The county commission may require any office to be open six days a week when the public convenience so requires.
58-87 Apr 28 Opinion letter to The Honorable Phil B. Curls
59-87 Jun 4 Opinion letter to Timothy W. Perigo
61-87 Apr 28 CITIES, TOWNS & VILLAGES.
CONSTITUTION.
CONSTITUTIONAL LAW.
FREEHOLDERS.
SAINT LOUIS CITY.
1. A board of freeholders organized under Article VI, Section 30(a), Missouri Constitution (as amended 1966) has the power to propose for a vote by the qualified electors of the City of St. Louis and St. Louis County a plan involving the disincorporation of existing municipalities and the incorporation of new municipalities provided the changes affect all or part of both the City of St. Louis and St. Louis County.

2. The people of the City of St. Louis and St. Louis County do not have the power under Article VI, Section 30(a) to enact a plan which consolidates municipalities in St. Louis County without providing for changes in all or part of the City of St. Louis.

3. The language in Article VI, Section 30(a) which provides “to establish a metropolitan district or districts for the functional administration of services common to the area included therein” does not authorize the board of freeholders to consolidate existing municipalities and incorporate new municipalities.
63-87 Mar 20 LOTTERIES.
LOTTERY COMMISSION.
To meet statutory requirements, lottery advertising must:

(1) not be false or fraudulent;

(2) contain information indicating the payout ratios for the games;

(3) contain a disclaimer that the advertising is for informational and educational purposes only and not intended to induce any person to participate in the lottery or purchase a lottery ticket;

(4) bear some rational relationship to the odds of winning, average return on the dollar, time, date, and place of conducting the lottery, the prize structure, the type of lottery game being conducted, the price of tickets, or the locations where tickets may be purchased. We do not opine on the constitutionality of the applicable statute.
64-87 Mar 10 Opinion letter to Carl M. Koupal, Jr.
65-87 Jul 31 COUNTIES.
COUNTY EXTENSION.
COUNTY TAXES.
ELECTIONS.
PROPERTY TAX.
The Monroe County Commission is without authority to submit at referendum the proposition of levying and collecting a special tax for the benefit of the county agricultural extension program.
66-87 Nov 10 CITIES, TOWNS AND VILLAGES.
CITY ANNEXATION.
FOURTH CLASS CITIES.
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.
67-87 Jul 31 COLLEGES.
SUNSHINE LAW.
STATE COLLEGES.
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.
71-87 Sep 4 ASSESSORS.
LAND SURVEYORS.
STATE TAX COMMISSION.
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.
72-87 Oct 2 Opinion letter to The Honorable Glenn H. Binger
74-87 Oct 5 STATE AUDITOR.
DEPARTMENT OF MENTAL HEALTH.
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.
78-87 Oct 31 ARREST.
CITY POLICE.
POLICE.
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.
86-87 Sep 4 CIRCUIT COURT DRAINAGE DISTRICT.
CONFLICT OF INTEREST.
DRAINAGE DISTRICT.
INCOMPATIBILITY OF OFFICES.
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.
89-87 May 12 COUNTY SHELTERED WORKSHOPS.
DEVELOPMENTAL DISABILITIES PROGRAM.
TAXATION-SALES TAX.
Transportation sales tax monies distributed under Section 94.645.5, RSMo 1986, and which are expended to the boards of directors established in the City of St. Louis and in St. Louis County under Section 205.970, RSMo 1986, must be used to pay the transportation costs of those clients designated in subsection 5 of Section 94.645, RSMo 1986, regardless of whether those clients reside in the City of St. Louis or in St. Louis County.
90-87 Jun 4 Opinion letter to The Honorable Edwin L. Dirck
91-87 May 12 Opinion letter to The Honorable Robert L. Dunning
99-87 Jun 16 Opinion letter to Charles G. Ankrom
104-87 Dec 18 Opinion letter to The Honorable Jeremiah W. (Jay) Nixon
113-87 Aug 14 Opinion letter to Paul S. McNeill, Jr.
114-87 Jul 31 Opinion letter to The Honorable Kenneth B. Jacob
115-87 Aug 5 Opinion letter to The Honorable William C. Linton
118-87 Oct 2 Opinion letter to Carl M. Koupal, Jr.
126-87 Oct 2 CANDIDATES.
SHERIFFS.
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.
128-87 Oct 30 DEPARTMENT OF PUBLIC SAFETY.
DIVISION OF WATER SAFETY.
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.
132-87 Jul 17 Opinion letter to Roy D. Blunt
133-87 Jul 17 Opinion letter to Roy D. Blunt
134-87 Jul 17 Opinion letter to Roy D. Blunt
138-87 Dec 18 HIGHER EDUCATION, DEPARTMENT OF.
LIBRARIES.
PUBLIC RECORDS.
RECORDS.
SOVEREIGN IMMUNITY.
SUNSHINE LAW.
STATE LIBRARY.
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 OCLC as those restrictions are set forth in Appendix 3 to the OCLC/MLNC 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 OCLC/MLNC agreement because to do so would be an unauthorized waiver of sovereign immunity.
140-87 Jul 31 Opinion letter to Roy D. Blunt
143-87 Aug 5 Opinion letter to Roy D. Blunt
144-87 Aug 5 Opinion letter to Roy D. Blunt
145-87 Aug 5 Opinion letter to Roy D. Blunt
146-87 Dec 4 BONDS.
COUNTY COLLECTORS.
COUNTY COMMISSIONS.
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.
147-87 Aug 10 Opinion letter to Roy D. Blunt
153-87 Aug 13 Opinion letter to The Honorable John Ashcroft
154-87 Aug 14 Opinion letter to Roy D. Blunt
155-87 Aug 14 Opinion letter to Roy D. Blunt
156-87 Oct 29 Opinion letter to The Honorable Truman E. Wilson
158-87 Aug 21 Opinion letter to Roy D. Blunt
159-87 Aug 21 Opinion letter to Roy D. Blunt
160-87 Aug 21 Opinion letter to Roy D. Blunt
162-87 Aug 28 Opinion letter to Roy D. Blunt
165-87 Dec 4 ATTORNEYS.
CITY ATTORNEY.
CITIES, TOWNS AND VILLAGES.
FOURTH CLASS CITIES.
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.
168-87 Sep 24 DEPARTMENT OF REVENUE.
LOTTERIES.
LOTTERY COMMISSION.
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.
170-87 Oct 30 Opinion letter to The Honorable Norman Merrell
173-87 Sep 4 Opinion letter to Roy D. Blunt
174-87 Dec 4 CIRCUIT CLERKS. The circuit clerk may not invest funds deposited into the registry of the circuit court in mutual funds.
178-87 Sep 15 Opinion letter to The Honorable John E. Scott
179-87 Oct 30 Opinion letter to Frederick A. Brunner, Ph.D., P.E.
180-87 Oct 2 Opinion letter to The Honorable Joe McCracken
182-87 Oct 30 Opinion letter to The Honorable Joseph L. Driskill
186-87 Sep 24 Opinion letter to Roy D. Blunt
188-87 Nov 25 Opinion letter to Hugh C. Harvey
190-87 Oct 9 Opinion letter to Roy D. Blunt
195-87 Oct 22 Opinion letter to Roy D. Blunt
196-87 Oct 30 Opinion letter to The Honorable Norman Merrell
198-87 Oct 29 Opinion letter to Roy D. Blunt
199-87 Nov 9 Opinion letter to Gordon Rolla Upchurch
204-87 Dec 4 BALLOTS.
COUNTIES.
COUNTY ELECTIONS.
COUNTY HOSPITAL.
ELECTION BALLOTS.
ELECTIONS.
The Boone County Commission is not authorized to call a nonbinding preference election on the sale or lease of Boone County Hospital.
214-87 Dec 22 Opinion letter to The Honorable George K. Hoblitzelle
 
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