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Official Opinions


January 2002 Opinion Index

Please click Opinion number to view entire opinion.

Opinion # Requestor


00-044 Mr. William J. McGhee
Town Attorney for the
   Town of Christiansburg
Act prohibits collection by agency of personal information that is secret; permits installation of surveillance cameras and audio monitoring equipment in and on premises of recreation center, provided notices advising of such surveillance are clearly visible.
02-001 The Honorable M. Kirkland Cox
Member, House of Delegates
Proposed amendment requesting increase in appropriation for secure confinement does not constitute special legislation and favors no specific organization that provides enhanced faith-based services to inmates or is controlled by church or sectarian society.
02-003 Ms. Phyllis C. Katz
County Attorney for New Kent Co.
Treasurer is not required to relinquish his office when involuntarily recalled to active military duty. No statute prevents treasurer from continuing to oversee and manage his office via use of Internet, or in person during evening hours and weekends when he is physically present in county. Treasurer may continue to receive compensation for performing duties of his office while involuntarily recalled to active duty.
00-082 Mr. B. James Jefferson
County Attorney for Franklin Co.
Planning commission of Franklin County may not review for compliance with comprehensive plan existing locations of telecommunications towers in areas of county not subject to zoning. Such review may be undertaken only when application for telecommunications is made with county.
01-129 Mr. William H. Leighty, Director
Virginia Retirement System
Time spent as local elected official does not constitute time spent employed by locality and is not time purchasable as prior service credit.
01-099 The Honorable M. Kirkland Cox
Member, House of Delegates
Boat registered in Virginia county but normally garaged, docked, or parked in North Carolina has acquired taxable situs in both states. No statute requires county to refund or reduce payment of taxes on boat.
99-117 Mr. Larry W. Davis
County Attorney for Albemarle Co.
Determination whether property of Christian Aid Mission may be classified as tax exempt rests within judgment of commissioner of revenue, after careful consideration of attendant facts. Unused and undeveloped parcels are subject to real estate taxation while they remain as such. Any portion of such land used by other entities may be exempt if activities of using entities are charitable, religious or educational. Rent paid by using entity considered source of revenue or profit to Mission is taxable.
01-086 The Honorable K. Mike Fleenor Jr.
Commonwealth’s Attorney for
   Pulaski Co.
Pharmacist, prior to filling prescription, may obtain fingerprint from customer as proof of identification, provided pharmacist returns or destroys print within 21 days of transaction’s completion or termination; may provide to law-enforcement officials fingerprint of any customer suspected of prescription fraud.