OUT OF FEAR THAT THE SALARY COULD NOT BE RAISED LATER. SUCH A RESULT WOULD BE CONTRARY TO PUBLIC POLICY AND THE INTENT OF THE LEGISLATURE.
MOREOVER, IT IS IMPORTANT TO REMEMBER THAT SECTION 6 OF HOUSE BILL 2422 IS A STATUTE WHICH SPECIFICALLY ADDRESSES THE RESPONSIBILITY AND THE SALARY OF THE COORDINATOR. IN REUBIN V. THOMPSON, 406 P.2D 263, 265 (OKLA.1965), THE OKLAHOMA SUPREME COURT CITING AN EARLIER OPINION, STATED:
(TEXT OF DECISION)
HOUSE BILL 1973 IS A GENERAL STATUTE WHICH APPLIES TO ALL STATE AGENCIES AND STATE EMPLOYEES, WHEREAS HOUSE BILL 2422 CONTAINS A SPECIFIC APPROPRIATION OF FUNDS TO THE AD VALOREM TASK FORCE TO PAY THE SALARY OF ITS COORDINATOR AND OTHER EMPLOYEES. HOUSE BILL 2422 MERELY CARRIES FORWARD THE SALARY THAT WAS IN PLACE FOR THE FISCAL YEAR OF 1992. NEITHER HOUSE BILL 1973 NOR HOUSE BILL 2422 CONTAINS LANGUAGE INDICATING THAT THE LEGISLATURE WANTED TO PRECLUDE THE TASK FORCE FROM RAISING THE COORDINATOR'S SALARY TO THE STATUTORY MAXIMUM. TO THE CONTRARY, HOUSE BILL 2422 PROVIDES THAT THE TASK FORCE MAY TAKE SUCH ACTION FOR FISCAL YEAR 1993.
IT IS THEREFORE THE OPINION OF THE UNDERSIGNED ATTORNEY THAT THE AD VALOREM TASK FORCE MAY INCREASE ITS COORDINATOR'S SALARY TO THE STATUTORY MAXIMUM AS FOUND IN SECTION 6 OF HOUSE BILL 2422 WITHOUT VIOLATING SECTION N OF HOUSE BILL 1973.
(JOSEPH L. MCCORMICK)