Opinion No. 51-0111

Oklahoma Attorney General Reports

Opinion No. 51-0111

DecidedJanuary 11, 1951

StatusPublished

This text of Opinion No. 51-0111 (Opinion No. 51-0111) is published on Counsel Stack Legal Research, covering Oklahoma Attorney General Reports primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Opinion No. 51-0111, (Okla. Super. Ct. 1951).

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OPINION — AG — ** MILITARY LEAVE — CALL UP — ARMED FORCES — STATE EMPLOYEE ** (1) WHEN A PERMANENT EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY IS CALLED OR INDUCTED INTO ACTIVE MILITARY SERVICE, THE DEPARTMENT OF PUBLIC SAFETY " MAY EMPLOY A REPLACEMENT TO FILL THIS VACANCY STIPULATING BY LETTER AND THAT SUCH PERSON'S JOB STATUS IS ON A TEMPORARY BASIS "; AND THAT THE FILLING OF THE VACANCY ON SUCH A BASIS WOULD NOT BE IN CONFLICT WITH, BUT WOULD BE CONSISTENT WITH, THE PROVISIONS OF 51 O.S. 25.1 [51-25.1], 51 O.S. 25.4 [51-25.4] AND PERTINENT FEDERAL LAWS. THE A.G. IS OF THE OPINION THAT, ALTHOUGH PROBABLY ADVISABLE FOR PURPOSE " REPLACEMENT " IS EMPLOYED ONLY ON A TEMPORARY BASIS, IS NOT NECESSARY, SINCE ANY SUCH " REPLACEMENT " IS EMPLOYED SUBJECT TO THE STATUTORY PROVISIONS AS TO THE RETURN FROM ACTIVE SERVICE OF THE PERSON WHO WAS ORIGINALLY EMPLOYED. (MILITARY SERVICE, CALL UP, ARMED FORCES, NATIONAL GUARD) CITE: 72 O.S. 48 [72-48] (J. H. JOHNSON)

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OPINION — AG — ** MILITARY LEAVE — CALL UP — ARMED FORCES — STATE EMPLOYEE ** (1) WHEN A PERMANENT EMPLOYEE OF THE DEPARTMENT OF PUBLIC SAFETY IS CALLED OR INDUCTED INTO ACTIVE MILITARY SERVICE, THE DEPARTMENT OF PUBLIC SAFETY " MAY EMPLOY A REPLACEMENT TO FILL THIS VACANCY STIPULATING BY LETTER AND THAT SUCH PERSON'S JOB STATUS IS ON A TEMPORARY BASIS "; AND THAT THE FILLING OF THE VACANCY ON SUCH A BASIS WOULD NOT BE IN CONFLICT WITH, BUT WOULD BE CONSISTENT WITH, THE PROVISIONS OF 51 O.S. 25.1 [51-25.1], 51 O.S. 25.4 [51-25.4] AND PERTINENT FEDERAL LAWS. THE A.G. IS OF THE OPINION THAT, ALTHOUGH PROBABLY ADVISABLE FOR PURPOSE " REPLACEMENT " IS EMPLOYED ONLY ON A TEMPORARY BASIS, IS NOT NECESSARY, SINCE ANY SUCH " REPLACEMENT " IS EMPLOYED SUBJECT TO THE STATUTORY PROVISIONS AS TO THE RETURN FROM ACTIVE SERVICE OF THE PERSON WHO WAS ORIGINALLY EMPLOYED. (MILITARY SERVICE, CALL UP, ARMED FORCES, NATIONAL GUARD) CITE: 72 O.S. 48 [72-48] (J. H. JOHNSON)

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Opinion No. 51-0111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/opinion-no-51-0111-oklaag-1951.