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Official Opinions

 

February 2011 Opinions
Please click on Opinion number to view entire opinion.

Official opinions will be posted as they are issued, generally within 24 to 48 hours. Please check this page at regular intervals to determine whether additional opinions have been issued.

IMPORTANT NOTE:  Official opinions represent the attorney general’s analysis of current law based on his thorough research of existing statutes, the Virginia and United States constitutions, and relevant court decisions.  Official opinions do not create new law, nor do they change existing law.  Creating and amending laws are the responsibility of the General Assembly, not the attorney general.  

Official opinions are legal advice, not personal opinions, and do not reflect the attorney general’s personal views about what the law should be.  Such advice is provided to ensure clients/the requester are in compliance with the law.  While the opinions may be given deference by the courts, they are not binding on the courts.

The official opinions issued by the attorney general are part of the duties of the office (see Code § 2.2-505).  A person authorized by statute, such as the governor, a member of the General Assembly, a constitutional officer, or the head of a state agency, can ask the attorney general for an official opinion on the law. Members of the general public are not authorized to ask for opinions.

 

Opinion
#
Requestor Summary
11-003 The Honorable G. Glenn Oder
Member, House of Delegates
The authority to establish payroll dates for school division employees rests with the school board, but the Code of Virginia contemplates the establishment of regular payroll period and the mechanics of making the payments to schools rests with the treasurer of the locality.  Also, § 22.1-116 is satisfied if the treasurer maintains separate internal accounts of the funds of the City and of the school division for accounting purposes; the treasurer is not required to maintain a separate bank account for school board funds.
10-115 The Honorable William K. Barlow
Member, House of Delegates
When an employee who is installing wiring or equipment has access to “confidential information concerning the design, extent, status . . . or location of an end user’s electronic security equipment,” the contractor or subcontractor employing this individual must obtain a license from the Department of Criminal Justice Services as required by § 9.1-138, et seq.
11-010 The Honorable James M. Shuler
Member, House of Delegates
No constitutional violation occurs when the justices of the Supreme Court of Virginia decline to sign an order or to identify themselves as members of the panel that ruled on a particular matter before the Court.
10-128

The Honorable Bill Janis
Member, House of Delegates

The statute of limitations for written contracts applies to credit card agreements in the situation where the agreement consists of a series of documents, provided that at least one of the documents referencing and incorporating the others is signed by the cardholder, and also provided that the written documents evidencing the agreement contain all essential terms of the agreement.
10-075 The Honorable L. J. Ayers, III
Sheriff for Amherst County
Writs of fieri facias, debtor interrogatories and garnishments are distinct, though related, proceedings, so that, although the sheriff or other executing officer may be required to levy on the tangible personal property of a judgment debtor when executing a writ of fieri facias, no such requirement is imposed when serving a Summons for Interrogatories or Garnishment Summons. In addition, the fees sheriffs may charge for these services are governed by the express terms of § 17.1-272.