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Official Opinions

 

June 2003

Please click on Opinion number to view entire opinion.

Opinion # Requestor

Summary

 03-023

The Honorable Fenton L. Bland, Jr.
Member, House of Delegates

Petersburg city council candidate may be nominated by political party. State or local government employee who exercises no functions in connection with federally financed activity, and who is seeking election to city council as political party nominee or is opposed by party nominee, is not subject to Hatch Political Activity Act; such employee who exercises no functions in connection with federally financed activity, and who is nonpartisan candidate not opposed by partisan candidate in city council election where partisan candidates are seeking other election in other council wards, is not subject to Hatch Act. Federal employee, or state or local government employee who exercises function in connection with federally financed activity, generally is subject to Hatch Act and may not participate as partisan candidate in city council election. Federal employee, or state or local government employee who exercises function in connection with federally financed activity, should request determination from United States Office of Special Counsel as to whether Hatch Act prohibits specific political activity.
03-029

Mr. James P. Fisher
Town Attorney for the town of Warrenton

Authority for town of Warrenton to transfer surplus water and sewer utility funds to town’s general fund for construction of recreation center, provided utility is not independent entity.
03-030

The Honorable John R. Newhart
Sheriff for the City of Chesapeake

Sheriff is not entitled to statutorily authorized 5% commission for serving distress warrant on behalf of local treasurer for collection of delinquent taxes, which subsequently are paid to treasurer’s office.
03-047

The Honorable Ryan T. McDougle
Member, House of Delegates

Recordation tax may not be collected on federal land credit association deeds of trust.