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2020 Official Opinions

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.

December

Opinion #	Requestor	Summary
20-022	Honorable Louise Lucas, Member, Senate of Virginia	Funds contributed by members of the Portsmouth Public Schools' Section 125 Flexible Benefits Plan are not "local funds” that are subject to return to the City under § 22.1-100 if not expended during the year.

20-037	Honorable Dana Lawhorne, Sheriff, City of Alexandria	In a city with both a police department and a sheriff's office, the police department is the primary law-enforcement agency responsible for the service of protective orders issued pursuant to §§ 16.1-253.1, 16.1-253.4, 16.1-279.1, and §§ 19.2-152.8, 19.2-152.9, and 19.2-152.10 of the Code of Virginia.

20-025	C.H. "Chuck” Slemp III, Commonwealth's Attorney, County of Wise & City of Norton; and Timothy W. McAfee, Town Attorney, Town of Pound	The Town of Pound Police Department has authority to take certain actions outside of the Town's territorial jurisdiction to investigate crimes occurring within the Town. Effective law enforcement in any area of the Commonwealth, however, depends largely on a cooperative effort among all appropriate departments.

20-056	Honorable Jennifer B. Boysko, Member, Senate of Virginia	The Procurement Act provides public bodies the discretion to determine whether it is appropriate to include in a solicitation the requirement that a successful bidder or offeror pay its employees or contract workers a living wage. Ample evidence exists to show that a living wage requirement can improve the quality of goods or services obtained by a public body, and the amendments to the Procurement Act made by the General Assembly in 2015 make clear that adoption of a living wage requirement by a public body to meet its procurement needs is permitted.

November

Opinion #	Requestor	Summary
20-040	Honorable C.E. Cliff Hayes Jr., Member, Virginia House of Delegates	The use of the word "shall” in Virginia Code Sections 2.2-5205 and 2.2-5207 requires that each community policy and management team and family assessment and planning team include a parent representative.

October

Opinion #	Requestor	Summary
19-058	Honorable R. Creigh Deeds, Member, Senate of Virginia	The Virginia Department of Taxation has discretion under current state law to adopt a pro-rata methodology to calculate the amount of a retirement plan distribution that may be subtracted from Virginia taxable income pursuant to § 58.1-322.02(11).

20-043	Honorable Sally Hudson, Member, Virginia House of Delegates	Virginia Code § 15.2-1413 does not empower a locality to modify or indefinitely extend the deadlines for responding to requests for records set forth in § 2.2-3704(B) of the Virginia Freedom of Information Act (VFOIA). The time limits for responding to requests for records in VFOIA remain in place and must be complied with even during the current emergency.

20-047	Honorable Scott A. Surovell, Member, Senate of Virginia	Current Virginia law does not permit a political party or a candidate's campaign committee to conduct a raffle. The background check requirements of Virginia Code § 18.2-308.2:5 apply to any raffle where the prize to be awarded includes a firearm.

20-002	Honorable Colette Wallace McEachin, Commonwealth's Attorney, City of Richmond	Where a law enforcement officer serves a protective order, the lawfulness of any detention is governed by the standard of whether the officer has reasonable, articulable suspicion of criminal activity.

September

Opinion #	Requestor	Summary
19-063	Honorable David A. Reid, Member, Virginia House of Delegates	A transaction of a school board that impacts the salary and benefits of a large group of school employees, in which specific employees are not directly identifiable, is not a transaction that "affects the public generally” under § 2.2-3112(B)(3). Accordingly, a school board member who is married to a member of the group may not participate in the transaction under the provisions of § 2.2-3112(B)(3). The school board member may, however, participate in the transaction under § 2.2-3112(B)(1), and declaration of the member's personal interest is required. Even if the school board member has filed a written declaration of the personal interest, he or she must also orally disclose the existence of the interest during every meeting where the transaction is discussed.

20-036	Honorable Clinton Jenkins, Member, Virginia House of Delegates	In some instances, a local school board policy restricting the release of information may conflict with the Virginia Freedom of Information Act (VFOIA). VFOIA requires public bodies to operate in an open and accessible manner, and policies adopted by a school board should not impede access to public records by citizens of the Commonwealth.

20-046	Honorable Marcus B. Simon, Member, Virginia House of Delegates	Virginia and federal law prohibit conduct at polling places that intimidates or harasses voters, or that hinders or impedes their ability to cast a ballot freely. These laws are designed to protect the right to vote, which is fundamental to our democratic system of governance.

August

Opinion #	Requestor	Summary
19-062	Honorable Philip J. Kellam, Virginia Beach Commissioner of the Revenue	Virginia law does not require a commissioner of the revenue or similar local official to deny a business license to a non-citizen applicant who fails to produce a permanent resident card.

July

Opinion #	Requestor	Summary
20-033	Del. Marcia S. "Cia” Price, Del. Lashrecse Aird, Del. Jeion A. Ward, Del. Patrick A. Hope, Del. Marcus B. Simon, Del. Paul E. Krizek, Del. Kelly K. Convirs-Fowler, Del. Jeffrey M. Bourne, Del. Kathy K.L. Tran, Del. Alex Q. Askew, Del. Chris L. Hurst, Del. Lee J. Carter	The CARES Act and recent enactments of the General Assembly contain various protections for those facing potential eviction in Virginia. Additionally, the branches of Virginia government each possess tools that, depending on the facts and circumstances, may be used to aid those facing eviction.

June

Opinion #	Requestor	Summary
19-033	Ms. Patricia S. Bishop, Director, Virginia Retirement System	A member of the Board of Trustees of the Fairfax County Employees' Retirement System who is appointed to that position by the Fairfax County Board of Supervisors is prohibited under § 51.1-124.26(C) from serving on an advisory committee of the Board of Trustees of the Virginia Retirement System.

May

Opinion #	Requestor	Summary
20-024	Honorable Eileen Filler-Corn, Speaker, Virginia House of Delegates	Items 4-0.01 in House Bill 29 and House Bill 30 permit the House of Delegates and the Senate of Virginia to meet electronically during an emergency, provided certain conditions are met.

20-020	Honorable Ken Stolle, Sheriff, City of Virginia Beach	If a first responder becomes ill from a work-related exposure to COVID-19, such illness is likely compensable under the Virginia Workers' Compensation Act. Similar to benefits under the Line of Duty Act, any particular claim will depend on the facts of the case. The General Assembly could create a statutory presumption to benefit police officers, sheriffs' deputies, firefighters, emergency medical technicians, and other first responders who contract COVID-19 because the nature of their duties place them at greater risk for contracting the disease.

March

Opinion #	Requestor	Summary
20-011	Honorable Richard C. (Rip) Sullivan Jr.	Virginia State Code § 2.2-3708.2(A)(3) permits public bodies that are unable to assemble in person because of the unique characteristics of the COVID-19 virus to meet electronically to make decisions that must be made immediately and where failure to do so could result in irrevocable public harm. Whether any particular action by a public body fits within that description requires a fact-specific determination that should be made in consultation with that public body's counsel. It is also my opinion that Code § 44-146.21 does not authorize local governing bodies to hold meetings solely by electronic communication during the pendency of the emergency, but that Code § 15.2-1413 provides additional authority for localities to ensure continuity of government during the declared emergency. Even when a public body is authorized to meet via electronic communication means, Virginia State Code § 2.2-3708.2(A)(3) details further procedural steps such bodies must take to comply with the Virginia Freedom of Information Act, including arrangements for public access to such meeting.

February

Opinion #	Requestor	Summary
19-055	Honorable Gordon F. Erby, Clerk of the Circuit Court for the County of Lunenburg	Virginia Code § 18.2-308.03 requires the clerk of the circuit court to charge a fee of $10 for processing a complete application for a concealed handgun permit; authorizes the State Police to assess a fee not to exceed $5 to cover the cost of processing the application; and authorizes a sheriff's office serving as a county's sole law-enforcement agency to charge a fee not to exceed $35 for the background investigation. In such circumstances, neither the county's board of supervisors, nor the circuit court is authorized to set such fees.

19-053	Charles W. Haney and Mary G. Turner, Appomattox Electoral Board	A general registrar is subject to the policies and practices established by the governing body of the locality in which he or she serves, but only to the extent that such policies and practices do not interfere with the orderly function of the duties of the registrar. The term "benefits” as used in Virginia Code § 24.2-111 does not include an annual raise in the general registrar's salary but does include leave, such that a county or city is required to provide the same leave retention benefits to a general registrar that are provided to other employees of the locality.