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Official Opinions

 

November 2004
Please click on Opinion number to view entire opinion.

Opinion # Requestor

Summary

04-067

Mr. Peter E. Broadbent, Jr.
Chairman, The Library Board

‘Librarian’ is synonymous with ‘library director’ or ‘library administrator.’ Librarian serving as director of local/regional library, and other persons holding full-time professional positions, must meet qualification standards established by Library Board. Branch librarian serving under direction of regional library board, in full-time position of librarian or other full-time professional librarian position, must be certified librarian. Board must seek legislative or regulatory authority to provide standards and guidance for alternative credentialing. Local and regional libraries may employ, and pay with public funding, library personnel who do not have American Library Association-accredited training or its equivalent, provided such individuals are not employed in full-time professional librarian positions. No authority for Library Board to ‘grandfather’ librarians serving before 1988 who do not meet current qualifications or to charge fee for considering applications of library systems requesting waivers of certain regulatory requirements for receiving state aid.
04-076

The Honorable Robert G. Marshall
Member, House of Delegates

Requirement that charitable organization resubmit initial registration with payment of $100 initial fee and required annual registration fee when registration with Commissioner of Agriculture and Consumer Services lapses absent request for extension.

04-081

The Honorable Danny W. Marshall, III
Member, House of Delegates

Local elected officials are not ‘nonelected citizens’ for purposes of Board of Trustees of Institute for Advanced Learning and Research. Exemption for current Board members appointed prior to July 1, 2004; upon expiration of terms of current Board members, future appointments limited to ‘nonelected citizens.’ After July 1, 2004, common law doctrine of incompatibility of offices applies resulting in vacation of Board membership when ‘nonelected citizen’ is elected to public office.