ATTORNEY GENERAL LOVING HAS RECEIVED YOUR LETTER OF JULY 17, 1992, REQUESTING AN INFORMAL ATTORNEY GENERAL OPINION ADDRESSING, IN EFFECT, THE FOLLOWING QUESTION:
IN VIEW OF HOUSE BILL 1973, MAY THE AD VALOREM TASK FORCE INCREASE THE SALARY OF ITS COORDINATOR MORE THAN 5% UP TO THE MAXIMUM PROVIDED FOR IN SECTION 6 OF H.B. 2422?
THE ATTORNEY GENERAL HAS ASKED THAT I RESPOND TO YOUR REQUEST FOR AN INFORMAL OPINION CONCERNING THE ABOVE-REFERENCED QUESTION. TO PROVIDE A COMPLETE ANSWER TO YOUR QUESTION, IT IS NECESSARY TO EXAMINE A PATCHWORK OF OVERLAPPING HOUSE BILLS.
GENERALLY, THE LAW REGARDING RAISES FOR STATE EMPLOYEES FOR FISCAL YEAR 1993 IS FOUND IN HOUSE BILL 1973 ENACTED DURING THE LAST SESSION OF THE LEGISLATURE, WHICH READS IN PERTINENT PART:
"NO EMPLOYEE SHALL BE GRANTED MORE THAN TWO STEPS OR FIVE PERCENT (5%) INCREASE IN PAY PURSUANT TO THIS SECTION DURING THE FISCAL YEAR ENDING JUNE 30, 1993."
1992 OKLA. SESS. LAWS, C 367, S 23(N) (EMPHASIS ADDED).
THE FUNDAMENTAL RULE OF STATUTORY CONSTRUCTION IS TO ASCERTAIN AND, IF POSSIBLE, GIVE EFFECT TO THE INTENTIONS AND PURPOSES OF THE LEGISLATURE AS EXPRESSED IN THE STATUTE. JACKSON V. INDEPENDENT SCHOOL DISTRICT NO. 16 V. PAYNE COUNTY, 648 P.2D 26 (OKLA.1982).
WHERE LANGUAGE OF A STATUTE IS PLAIN AND UNAMBIGUOUS, AND NO OCCASION EXIST FOR APPLICATION OF RULES OF CONSTRUCTION, THE STATUTE WILL BE ACCORDED THE MEANING AS EXPRESSED BY THE LANGUAGE THEREIN. CAVE SPRINGS PUBLIC SCHOOL DIST. I-30 OF ADAIR COUNTY V. BLAIR, 613 P.2D 1046 (OKLA.1980). THE ABOVE CITED STATUTE IS UNAMBIGUOUS IN ITS LANGUAGE THAT NO STATE EMPLOYEE SHALL RECEIVE MORE THAN A TWO-STEP OR 5% PAY RAISE PURSUANT TO SECTION 23. IF THE COORDINATOR OF THE AD VALOREM TASK FORCE IS AN EMPLOYEE OF THE STATE, THEN HE TOO IS SUBJECT TO THIS LIMITATION INSOFAR AS A PAY RAISE PURSUANT TO SECTION 23 IS CONCERNED.
THE DEFINITION OF " EMPLOYEE " IS FOUND IN SECTION 25 OF HOUSE BILL 1973 AND READS IN PERTINENT PART, "'EMPLOYEE' MEANS ANY STATE EMPLOYEE AS DEFINED IN THE OKLAHOMA PERSONNEL ACT, 74 O.S. 840.1 ET SEQ., OF TITLE 74 OF THE OKLAHOMA STATUTES." SECTION 74 O.S. 840.3(2), DEFINES "STATE EMPLOYEE" AS "AN ELECTED OR APPOINTED OFFICER OR EMPLOYEE OF THE EXECUTIVE, JUDICIAL OR LEGISLATIVE BRANCH OF GOVERNMENT EXCEPT MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE." THE COORDINATOR OF THE AD VALOREM TASK FORCE IS APPOINTED BY THE AD VALOREM TASK FORCE PURSUANT TO AUTHORITY CONFERRED UPON IT BY THE LEGISLATURE IN 68 O.S. 2946.1 ET SEQ. BECAUSE OF THIS, HE FALLS WITHIN THE PURVIEW OF THE DEFINITION OF "EMPLOYEE." THEREFORE, THE COORDINATOR OF THE AD VALOREM TASK FORCE MAY NOT RECEIVE MORE THAN A 5% RAISE FOR FISCAL YEAR 1993 PURSUANT TO SECTION 23 OF HOUSE BILL 1973.
NOTWITHSTANDING THE FOREGOING, THE QUESTION REMAINS, WHETHER THERE IS A SEPARATE STATUTORY AUTHORITY WHICH WOULD AUTHORIZE THE AD VALOREM TASK FORCE TO APPROVE A RAISE OF MORE THAN 5% FOR FISCAL YEAR 1993 TO ITS COORDINATOR. IN