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Official Opinions


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

Opinion # Requestor


04-022 The Honorable Floyd H. Miles, Sr.
Member, House of Delegates
No requirement that governing body of locality provide local sheriff with unmarked vehicle for official use. 2004 Senate Bill 592, if enacted, will not change conclusion. May require service as agent for purchase or lease of marked or unmarked motor vehicle for sheriff.
04-035 The Honorable Ryant L. Washington
Sheriff for Fluvanna County
Sheriff may not modify statutorily prescribed standard uniform specifications, unless alternate clothing exception applies. Exception allows sheriff or deputy sheriff to wear alternate clothing when duties of such officer would be adversely affected by wearing of standard uniform.; does not allow for uniform variation based on intangible factors. No financial impediment to sheriff’s compliance with standard uniform specifications. Question whether sheriff’s office is complying with standard uniform specifications would be determined by appropriate civil court proceeding. Failure to take corrective action ordered by court may result in criminal contempt penalties. Failure to adhere to statutory requirement may be grounds for removal of offending officer from his position.
04-052 The Honorable Ilva M. James
Treasurer for Northampton County
Responsibility for treasurer of locality that created community services board, or treasurer of locality of fiscal agent of multi-jurisdictional board, to deposit all state and federal funds. Treasurer must maintain and control funds in accordance with statutes. Direct control over such funds by a community services board requires compliance with statutes governing treasurers and regulations promulgated by locality governing such boards. Attorney General declines to render opinions on matters of local concern and procedure.
04-065 The Honorable Frank D. Hargrove Sr.
Member, House of Delegates
No violation of Uniform Machine Gun Act for individual to display historic machine guns at Virginia War Memorial, provided such guns are properly registered and are not used offensively or aggressively.
04-068 Mr. John A. Rupp
City Attorney for the City of Richmond
Section 2-1240(b) of Richmond City Code may not be enforced regarding persons in classified or unclassified service until it is administratively precleared by Department of Justice or approved by declaratory judgment of United States District Court for District of Columbia. No authority for City of Richmond to define council members as unclassified employees subject to City’s personnel system. Prohibition requiring forfeiture of position with city government when standing as candidate for election for certain offices is not applicable to city council members. Regardless of application of § 2-1240(b) to city council members, statute must be submitted for preclearance prior to enforcement with respect to classified and unclassified city employees.
04-071 The Honorable Phillip P. Puckett
Member, Senate of Virginia
No authority for locality to use public funds to repair or maintain roads of ingress or egress to private cemetery as part of cemetery’s care and upkeep. Phrase, ‘in which free burial space is provided’ means free burial space that is provided to general public of locality.
04-072 The Honorable Robert J. McCabe
Sheriff for the City of Norfolk
Authority for sheriff and chief judge of circuit, general district, or juvenile and domestic relations general district court to designate number, type, and working schedules of courtroom deputies by agreement and only within parameters of relevant appropriations act. For cases presenting substantial security risk, judge may order sheriff to provide additional security; may not designate specific personnel.
04-074 Mr. Franklin P. Slavin, Jr.
County Attorney for Bland County
No express authority for school board to loan money to board of supervisors. School boards are subject to Dillon Rule and have only those powers that are expressly given and those that necessarily or fairly are implied from expressly granted powers.
04-075 The Honorable J. T. "Tommy" Whitt
Sheriff for Montgomery County
Use of state funds appropriated for local correctional facility limited to payment of expenses incurred for persons confined in facility. Surplus funds may be returned to local treasury to be used for such operating expenses; excess funds not so used must be returned to state treasury.
04-077 Mr. Franklin P. Slavin, Jr.
County Attorney for Bland County
Fees assessed by governing body for courtroom security that are appropriated to sheriff’s office may only be used to compensate deputy sheriff’s salary for time actually spent performing courthouse security duties and to fund equipment and other personal property related to such duties.