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Official Opinions

 

January 2005 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor

Summary

04-083 The Honorable Mitchell Van Yahres
Member, House of Delegates
Formal declaration of emergency under Virginia Emergency Services Disaster Law of 2000 affords Medical Reserve Corps volunteers immunity for acts of negligence; no immunity for acts of willful misconduct. Common law Good Samaritan doctrine may provide limited immunity to Corps volunteers acting within confines of law. Federal Volunteer Protection Act of 1997 provides broad immunity, both before and during declared emergency, for volunteers’ negligent acts provided they act within scope of their responsibilities; no immunity for claims of noneconomic damages, acts involving gross negligence or reckless misconduct, or awards of punitive damage. Whether Corps volunteers are agents of Commonwealth for purposes of sovereign immunity and workers’ compensation protection is factual determination.
04-087 The Honorable H. Lee Hart
Sheriff for Culpeper County
Names and identities of individual donors making voluntary donations to sheriff’s office may not be kept confidential and must be disclosed to citizens of Commonwealth and Commonwealth’s attorney.
04-090 The Honorable Danny W. Marshall, III
Member, House of Delegates
School board has authority to establish policies and procedures to enforce compulsory attendance law. Parent’s awareness and support of child’s absence from school does not allow repeated absenteeism, tardiness, or early departures.