Judges: W.A. DREW EDMONDSON, Attorney General of Oklahoma
Filed Date: 10/12/1998
Status: Precedential
Modified Date: 7/6/2016
Dear Executive Coordinator Atwood,
¶ 0 This office has received your request for an Attorney General Opinion addressing the following question:
Does the District Attorneys Council have the authority,pursuant to 19 O.S. 1991, § 215.35B[
¶ 1 Article
¶ 2 The Oklahoma Budget Law of 1947, 62 O.S. 1991 and Supp.1997, §§ 41.1 to 41.47, provides the procedures by which allotments and appropriations are made. Section 41.21 provides:
After claims or payrolls or both have been properly audited and recorded against the respective contracts, purchase orders, other commitments and appropriation allotment accounts, the Division of Central Accounting and Reporting shall certify such claims or payrolls to the State Treasurer for payment. It shall be the responsibility of the Division of Central Accounting and Reporting to determine:
a. that all material legal requirements concerning the expenditure of monies involved in each claim or payroll have been complied with, and
b. that funds have been properly and legally allotted for the payment of the claim or payroll and that a sufficient balance exists for the payment of same.
62 O.S. Supp. 1997, § 41.21[
¶ 3 Both the Oklahoma Constitution and the Budget Law of 1947 mandate that an agency payroll can only be paid if sufficient cash is available. There is no provision for partial payment.
¶ 4 You have requested that this office review the authority of the District Attorneys Council regarding payroll claims submitted by district attorneys. The District Attorneys Council ("the DAC") is created at 19 O.S. 1991, § 215.28[
The District Attorneys Council, which may hereinafter be referred to as the "Council", a special division of the Attorney General's Office, is hereby designated as the state agency for the administration and disbursement of all salaries and expenses of the offices of district attorneys authorized by law. All such payrolls and claims against State Treasury funds must be approved by the Council prior to submission to the Office of State Finance for payment.
19 O.S. Supp. 1997, § 215.30[
¶ 5 In addition to Section 215.30, Section 215.35B provides for administration of payroll by the DAC:
All personnel employed by a district attorney, regardless of funding source, shall be carried on the payroll administered by the District Attorneys Council. It shall be the duty of the Council to prepare and process payroll and other claims and do all necessary acts connected with receiving funds for such purposes.
19 O.S. 1991, § 215.35B[
¶ 6 In construing a statute, the fundamental rule of statutory construction is to ascertain and give effect to the intention and purpose of the Legislature by considering the language of the statute as a whole in light of its general purpose. PublicService Company of Oklahoma v. Oklahoma Corporation Commission,
¶ 7 It is, therefore, the Opinion of the Attorney Generalthat:
Pursuant to the authority granted at 19 O.S. 1991, §215.35B[
W.A. DREW EDMONDSON ATTORNEY GENERAL OF OKLAHOMA
DOUGLAS F. PRICE ASSISTANT ATTORNEY GENERAL