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Official Opinions


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

Opinion # Requestor




The Honorable Ray Ergenbright
Commissioner of the Revenue
      for the City of Staunton


Design, establishment, and maintenance of secure data processing system containing confidential taxpayer information primarily is question of fact for local commissioner of revenue; commissioner should balance administrative discretion with statute governing secrecy of certain information obtained in performance of his duties and Government Data Collection and Dissemination Practices Act. Information contained on and access to such system is subject to secrecy. Design and construction of system without access to confidential data is not necessarily subject to secrecy provisions that prohibit commissioner from divulging certain information.


The Honorable Robin P. Stanaway
Sheriff, Gloucester County
Retired law-enforcement officer, whether retired for service or disability, may request photo identification card from employing department or agency; no authority for department or agency to specify type of retirement.


Mr. Gregory S. Hancock
Special Justice, 29th Judicial Circuit
Community services board petitioner in civil involuntary commitment proceeding may also prepare board’s prescreening report for commitment hearing. In addition to prescreening report, independent examination is also required.


The Honorable Charles E. Jett
Sheriff for Stafford County
Local or regional jail officer who is not part of local police or sheriff’s department may meet definition of ‘qualified law enforcement officer’ for purposes of federal Law Enforcement Officers Safety Act of 2004. Regional jail authority may generally prohibit its officers, or prohibit particular officer, from carrying concealed weapon absent valid concealed handgun permit.



The Honorable Robert A. Nebiker
Director, Department of Health Professions


No violation of Conflict Act or Procurement Act for member of health regulatory board to vote for his board to contract with organization that administers licensure examinations; no violation to vote for board to become member of such organization; any reimbursement of allowable expenses to board member must be consistent with Conflict Act. Violation of Conflict Act and Procurement Act for board member to vote to contract with or to join organization where there is existing arrangement that organization will employ board member subsequent to his board service or for board member to accept payment of monies in excess of allowable per diem payments and travel reimbursement allowances.



Mr. Henry A. Thompson, Sr.
Sussex County Attorney


Authority for county to enforce Uniform Statewide Building Code in any town located within county with population of less than 3,500, provided that town has not elected, or contracted with another authorized governmental entity, to enforce Code. County may bring suit against public nuisance located anywhere within county, including any town.


The Honorable Harvey L. Bryant
Commonwealth’s Attorney for the City of Virginia Beach
Juvenile court retains jurisdiction over probationer who has reached age twenty-one prior to probation revocation hearing.