Oklahoma § 19-215.37

§ 19-215.37.

15, 1983.

Repealed by Laws 1983, c. 207, § 13, emerg. eff. June

§19-215.37A.

Maintenance and operating expenses.

Oklahoma Statutes - Title 19. Counties and County Officers

The furniture, books, records, papers and documents provided for

the use of the former county attorneys of this state which may be

still in use by the district attorney and his staff shall remain in

that service until such time as provided hereinafter. Effective

January 1, 1983, the state shall assume financial responsibility for

all proper expenses of maintenances and operations and capital

outlay of said offices except as provided in Section 215.36 of Title

19 of the Oklahoma Statutes. All expenses of the various district

attorney offices in the respective counties relating to maintenance,

operation and capital outlay of said offices shall be processed by

purchase orders and accounted for in the respective counties wherein

the expenses are incurred, such expenses to be paid by funds

appropriated and advanced by the respective counties and reimbursed

to said counties by the state, in the manner set out hereafter.

Expenditures shall be by county purchasing procedures.

Added by Laws 1983, c. 207, § 1, emerg. eff. June 15, 1983.

§19-215.37B. Certification of funds available for operation of

district attorney's office.

Prior to June 25 of each fiscal year, the District Attorneys

Council shall certify to each county clerk the amount of funds which

will be made available for the operation of the district attorney's

office in that county for the ensuing fiscal year. A copy of the

certification shall also be sent to the district attorney in whose

district the county is situated. The funds so certified shall not

exceed the state funds made available for such purposes. Provided,

if the amount of state funds has not been finalized, the Council

shall estimate the amount available and adjust the estimate when the

available funds have been determined in the manner hereinafter

provided.

Added by Laws 1983, c. 207, § 2, emerg. eff. June 15, 1983. Amended

by Laws 1988, c. 109, § 11, eff. Nov. 1, 1988.

§19-215.37C. Estimate of needs.

On or before July 1 of each fiscal year, each district attorney

shall file with the county clerk of each county in his district an

estimate of needs for the operation of his office in such county for

the ensuing fiscal year. The estimate of needs shall consist of two

sections as follows:

1. The first section shall include those appropriation requests

which are to be reimbursed from state funds. This section shall

consist of appropriation requests for "maintenance and operation"

and for "capital outlay" as defined in Section 2490 of Title 68 of

the Oklahoma Statutes, and such other accounts as may be prescribed

by the State Auditor and Inspector and approved by the District

Attorneys Council. The total of these requests shall not exceed the

Oklahoma Statutes - Title 19. Counties and County Officers

amount certified by the Council as being available for that county;

and

2. The second section shall include those appropriation

requests which are to be financed by county funds as provided by

law.

Added by Laws 1983, c. 207, § 3, emerg. eff. June 15, 1983. Amended

by Laws 1988, c. 109, § 12, eff. Nov. 1, 1988.

§19-215.37D. Incorporation of district attorney's requested

estimate of needs into county general fund's estimate of needs.

The district attorney's requested estimate of needs shall be

incorporated without change in the county general fund's estimate of

needs in the same manner as the estimate of needs of the various

offices, departments and agencies of the county are compiled for

submission to the county excise board. The amount certified by the

District Attorneys Council as being available to the county shall

also be included in the estimate of the county general fund's

miscellaneous revenue receivable.

Added by Laws 1983, c. 207, § 4, emerg. eff. June 15, 1983. Amended

by Laws 1988, c. 109, § 13, eff. Nov. 1, 1988.

§19-215.37E. Approval of appropriation requests.

A. It shall be mandatory for the county excise board to approve

the appropriation requests in the first section of the district

attorney's estimate of needs which are for expenditures to be

reimbursed from state funds, provided that the total does not exceed

the amount certified as available by the District Attorneys Council.

B. Appropriation requests in the second section of such

estimate of needs which are for expenditures to be financed from

county funds shall be considered in the manner provided by law for

similar requests for county general fund appropriations.

Added by Laws 1983, c. 207, § 5, emerg. eff. June 15, 1983. Amended

by Laws 1988, c. 109, § 14, eff. Nov. 1, 1988.

§19-215.37F. Changes in amount of funds certified as available for

operating expenses - Transfer of appropriations - Lapse of county

funds.

If for any reason, the District Attorneys Council should

determine that the amount originally certified as available to a

county for the current fiscal year has changed, it shall be the duty

of the Council to certify such change to the county clerk and

district attorney of the county. Within five (5) working days after

receipt of such notice, the district attorney shall give written

notice to the county excise board of the amount each appropriation

account is to be increased or decreased and the total net effect of

the change. If the net total of the changes agrees with the total

change certified by the Council, it shall be mandatory for the

Oklahoma Statutes - Title 19. Counties and County Officers

county excise board to approve the requested changes. Provided, any

transfer of appropriations between state reimbursable accounts which

does not change the net total appropriations of such funds shall be

requested in writing by the district attorney and shall be approved

as requested by the county excise board without other formality.

Provided further, no transfers shall be made between state

reimbursable appropriation accounts and county financed

appropriation accounts nor shall county funds be used to supplement

or otherwise increase the appropriation accounts required to be

financed from state funds. The unused or unencumbered balances in

the district attorney's county appropriation accounts at the end of

the fiscal year shall lapse to surplus in the same manner as other

county general fund appropriation accounts.

Added by Laws 1983, c. 207, § 6, emerg. eff. June 15, 1983. Amended

by Laws 1988, c. 109, § 15, eff. Nov. 1, 1988.

§19-215.37G. Purchases from district attorney appropriations.

Purchases made from district attorney appropriations shall be

made in accordance with the procedures prescribed by statute for

county officers, departments and agencies except that neither the

purchases nor the expenditures for such purchases shall be subjected

to the approval of the board of county commissioners. It shall be

the mandatory duty for the designated county officials to issue,

sign, attest, register and pay the warrants required to pay such

obligations.

Added by Laws 1983, c. 207, § 7, emerg. eff. June 15, 1983.

§19-215.37H. Temporary appropriations - Availability of funds.

The requirements for temporary appropriations pending final

approval of the county's estimate of needs and the prohibition on

expenditures during the tax protest period shall not apply to the

requested appropriations for the district attorney's office which

are to be reimbursed from state funds. The entire amount certified

by the District Attorneys Council shall be available for the

purposes requested unless otherwise restricted in writing by the

Council and filed with the county clerk.

Added by Laws 1983, c. 207, § 8, emerg. eff. June 15, 1983. Amended

by Laws 1988, c. 109, § 16, eff. Nov. 1, 1988.

§19-215.37I. Report of expenditures or encumbrances Reimbursement.

Within five (5) working days after the end of each month, the

county clerk shall report to the District Attorneys Council the

amount expended or encumbered from the state reimbursable

appropriations during the preceding month. The report shall list

each warrant or purchase order number, the payee and the amount and

shall be totaled to show the full amount to be reimbursed to the

Oklahoma Statutes - Title 19. Counties and County Officers

county. Warrants or purchase orders issued from appropriations of a

prior fiscal year shall be listed separately in the report of the

month in which the warrants or purchase orders were issued. The

Council shall immediately reimburse the county from state funds

appropriated for that purpose.

Added by Laws 1983, c. 207, § 9, emerg. eff. June 15, 1983. Amended

by Laws 1988, c. 109, § 17, eff. Nov. 1, 1988; Laws 1995, c. 168, §

1, eff. July 1, 1995.

§19-215.37J. Exemptions from reimbursement provisions.

The reimbursement provisions contained herein shall not apply to

county appropriations made and provided for office space, law

library, legal publications, expenses connected with handling of

county suits and matters and other matters to be borne by the county

as provided in Section 215.36 of Title 19 of the Oklahoma Statutes.

Added by Laws 1983, c. 207, § 10, emerg. eff. June 15, 1983.

§19-215.37K. Costs and expenses of investigation, prosecution or

defense of county action - Claims - Audits.

Payment by the county to the office of the district attorney for

the costs and necessary expenses of investigation, prosecution or

defense of any action, actual or contemplated on behalf of said

county, called for by Section 215.4 of Title 19 of the Oklahoma

Statutes, shall be made upon certification of the amount of such

expense by the district attorney by the filing of a regular purchase

order with the county commissioners for payment out of their account

for general government operation, or other account, as may be

appropriate. Such claim shall be approved and paid forthwith

whether or not encumbered in advance. An audit as to procedure and

accounting of the process shall be made by the State Auditor and

Inspector as a part of the regular county audit, the costs of which

shall be part of the costs of regular county audit performed by such

office.

Added by Laws 1983, c. 207, § 11, emerg. eff. June 15, 1983.

§19-215.37L. Forms and procedures.

It shall be the duty of the State Auditor and Inspector to

prescribe the necessary forms and procedures necessary to implement

the provisions and requirements of this act.

Added by Laws 1983, c. 207, § 12, emerg. eff. June 15, 1983.

§19-215.37M. Contracts with private attorneys.

A. If the district attorney and the board of county

commissioners of any county agree, legal representation in any civil

case in which the county is interested or a party and the district

attorney is required to represent the county pursuant to Section

215.4 of this title may be provided by contract with a private

Oklahoma Statutes - Title 19. Counties and County Officers

attorney. The costs of such contract shall be paid by the board of

county commissioners out of its account for general government

operation, or other account, as may be appropriate.

B. If the district attorney and the board of county

commissioners of any county agree, legal representation in any civil

case in which a county officer or employee is a party and the

district attorney is required to represent the county pursuant to

Section 215.25 of this title may be provided by contract with a

private attorney. The costs of such contract shall be paid by the

board of county commissioners out of its account for general

government operation, or other account, as may be appropriate.

C. If a district attorney and the District Attorneys Council

agree, prosecution of any criminal matter may be provided by

contract with an attorney not employed by a district attorney, who

shall be designated as a special assistant district attorney, if the

case load of the office of the district attorney is such that

adequate representation of the interest of the state is not possible

without appointment of one or more special assistant district

attorneys. The special assistant district attorney shall be

appointed by the district attorney. The special assistant district

attorney may serve with or without compensation, however,

compensation shall be allowed only if the cost of compensation can

be paid out of funds for the current fiscal year, designated for the

salaries and operating expenses, for the office of the district

attorney requesting the appointment or appointments. No

supplemental appropriations shall be authorized for appointment of

special assistant district attorneys.

D. If the district attorney and the board of education of any

school district agree, legal representation in any ad valorem tax

matter in which the district attorney is required to represent the

school district may be assisted by an attorney employed or retained

by the school district. The board of education is authorized to pay

the costs of such representation out of its account for general

government operation, or other account, as may be appropriate.

However, this subsection shall not be construed to permit a school

district or any other entity to be a party to the proceeding or give

standing to such entity to be a party to the civil case in which the

county is interested.

Added by Laws 1992, c. 316, § 61, eff. July 1, 1992. Amended by

Laws 1996, c. 24, § 4, emerg. eff. April 3, 1996; Laws 1997, c. 337,

§ 4, eff. July 1, 1997; Laws 2008, c. 334, § 4, eff. Nov. 1, 2008.