Question Submitted by: The Honorable Dorothy D. Conaghan, Oklahoma House of Representatives
1984 OK AG 56
Decided: 07/10/1984
Oklahoma Attorney General
Cite as: 1984 OK AG 56, __ __
¶0 The Attorney General has received your request for an official opinion asking, in effect:
When exercising the authority to designate holidays and the days county offices will be closed pursuant to 19 O.S. 350 (1981), may a board of county commissioners and members of a county excise board fail to designate a holiday mandated in 25 O.S. 82.1 (1981)?
¶1 The authority of boards of county commissioners and excise board members to designate and publish those holidays when county offices are to be closed is provided for in 19 O.S. 350 (1981):
"The county commissioners and members of the county excise board of each county shall designate and publish between the 1st and 20th of January each year which holidays the county offices will be closed." (Emphasis added).
¶2 It is the fundamental rule of statutory construction to ascertain and, if possible, give effect to the intention and purpose of the Legislature as expressed in a statute. Jackson v. Independent School District No. 16, 648 P.2d 26 (Okl. 1982). The above-cited statutory language expresses an unambiguous legislative intent that county commissioners and excise boards perform the two-fold duty under the relevant provisions of the above statute to designate what holidays county offices are to be closed, and then to publish those holidays.
¶3 In 25 O.S. 82.1 (1981), the Legislature designates some days and dates in Oklahoma as holidays:
"The designation and dates of holidays in Oklahoma shall be as follows: Each Sunday, New Year's Day on the 1st of January, Washington's Birthday on the third Monday in February, Memorial Day on the last Monday in May, Independence Day on the 4th of July, Labor Day on the first Monday in September, Columbus Day on the second Monday in October, Veterans' Day on the 11th day of November, Thanksgiving Day on the fourth Thursday in November, Christmas on the 25th day of December; and if any of such holidays other than Sunday at any time fall on Sunday, the succeeding Monday shall be a holiday in that year. Any act authorized, required or permitted to be performed on a holiday as designated in this section may be performed on the next succeeding business day and no liability or loss of rights of any kind shall result from such delay." ( Emphasis added).
¶4 The operative word in each of the foregoing statutes is "shall." In the construction of statutes, the word "shall" is usually given its customary meaning of "must." Sneed v. Sneed, 585 P.2d 1363 (Okl. 1978).
¶5 By the provisions of 25 O.S. 82.1 (1981), the Oklahoma Legislature designated as holidays some days and dates that boards of county commissioners and excise boards have no power or authority in determining. A county is an involuntary political subdivision of the State and has no inherent powers. Herndon v. Anderson, 25 P.2d 326 (Okl. 1933). Counties may exercise only such powers as are granted them expressly by statute or as may be fairly implied or incidental to those powers expressly granted. Shipp v. Southeastern Oklahoma Industries Authority, 498 P.2d 1395 (Okl. 1972). As to the holidays designated in 25 O.S. 82.1, then, boards of county commissioners and county excise boards have but to publish, as holidays county offices will be closed, those days and dates designated in the statute as provided by the Legislature.
¶6 The answer to your question must therefore be in the negative. A board of county commissioners and members of the same county's excise board may not fail to designate the holidays mandated in 25 O.S. 82.1 (1981) when exercising their authority to designate holidays and days county offices will be closed pursuant to 19 O.S. 350 (1981).
¶7 We would call your attention to the provisions of 25 O.S. 82.2 (1983) which provides for the further designation of additional holidays, which, at the option of banks and offices, including county offices, may close. 25 O.S. 82.2 states, in relevant part:
"The following additional days are designated as holidays: . . . provided any state, national or federal reserve bank, building and loan association, credit union, state, federal, county or municipal office may close on any day designated in this section as a holiday. . .
¶8 It is, therefore, the official opinion of the Attorney General that a board of county commissioners and county excise board, when exercising their authority pursuant to 19 O.S. 350 (1981) to designate holidays and days county offices will be closed, must designate and publish those holidays mandated by the provisions of 25 O.S. 82.1 (1981).
MICHAEL C. TURPEN
ATTORNEY GENERAL OF OKLAHOMA
ALAN B. FOSTER
ASSISTANT ATTORNEY GENERAL
| Cite | Name | Level |
|---|---|---|
| None Found. |
| Cite | Name | Level | |
|---|---|---|---|
| Title 19. Counties and County Officers | |||
| Cite | Name | Level | |
| 19 O.S. 350, | Holidays County Offices to Close - Designation | Discussed at Length | |
| Title 25. Definitions and General Provisions | |||
| Cite | Name | Level | |
| 25 O.S. 82.1, | Holidays | Discussed at Length | |
| 25 O.S. 82.2, | Additional Holidays - Acts Performable - Optional Closing by Banks and Offices | Discussed | |