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Official Opinions


September 2003

Please click on Opinion number to view entire opinion.

Opinion # Requestor



The Honorable Stephen H. Martin
Member, Senate of Virginia

Meaning of ‘members of collegial bodies appointed at state level,’ ‘state level’ for purposes of receiving compensation and expense payments for service on collegial bodies. Only members of collegial bodies established or authorized by General Assembly are entitled to compensation or reimbursement for expenses; members of ad hoc collegial bodies established on authority of state-level official or entity are not entitled to compensation and expense payments. Collegial body members are not entitled to compensation or expenses if enabling legislation establishing body specifically prohibits such payments; § 2.2-2813 applies to compensation where collegial body’s enabling statute provides specifically for expense reimbursement but is silent as to compensation; § 2.2-2813 provides method and amount of compensation and reimbursement of expenses for collegial body members where enabling statute is silent as to such payments. Only in instances where § 2.2-2813 and enabling statute are irreconcilably repugnant or inconsistent would timing of enactment be implicated.
03-042 The Honorable David B. Albo
Member, House of Delegates
Director of Department of Corrections may permit prisoners to be trained, housed and paid by private ship-disposal firm to dismantle ships at James River Reserve Fleet site, provided Director receives Governor’s prior approval and properly designates site as state correctional facility.

The Honorable Gary W. Waters
Sheriff for the City of Portsmouth

Law-enforcement officer may not enter dwelling without warrant or consent of dwelling owner for purpose of serving misdemeanor summons.
03-065 The Honorable Philip J. Kellam
Commissioner of the Revenue for the City of Virginia Beach
Local revenue officials may assert qualified privilege to disclose confidential tax information to federal government in response to federal grand jury subpoena or administrative subpoena or summons issued pursuant to I.R.C. § 7602. Once privilege is asserted, tax information may be forwarded to court in sealed envelope, with instructions not to open until there is review and judicial order consistent with federal law.
03-076 The Honorable Jackie T. Stump
Member, House of Delegates
Board of trustees of county public library, when using competitive sealed bidding method of procurement, must award contract to lowest responsive and responsible bidder, regardless of source of funding used to pay for procurement.