Unofficial Opinions

UN2008-2	Georgia law prohibits the Office of Child Support Services from honoring a request from a custodial parent to disburse any portion of child support monies it receives to a private collection agency.
UN2008-1	A probate judge serving in a county with a population of over 96,000, where jury trials are authorized in the probate court, must have been both admitted to the practice of law and be a member of the Georgia Bar for seven years prior to his or her election.
UNU2006-2	The documentation requirement in O.C.G.A. § 35 8 22, as amended, does not prevent a governmental unit from seeking reimbursement after July 1, 2003, for the training of a peace officer hired before July 1, 2003.
UNU2006-1	Pursuant to O.C.G.A. � 43-9-12.1, a chiropractor, duly licensed and properly practicing in the state of Georgia, can refer a patient for X-rays or magnetic resonance imaging if the referral is needed to determine appropriate chiropractic care or for treatment for or evaluation of conditions which are outside the scope of practice of the chiropractor, assuming the referral is otherwise prudent and proper. This opinion supersedes 1993 Op. Atty Gen. 93-11.
UNU2005-5	The clerk of superior court is mandated by law to file and record in the real property records of the superior court any plat meeting the requirements of O.C.G.A. § 15-6-67(b) and (d), whether or not such plat meets any other requirements which may have been imposed by a local government.
UNU2005-4	The additional monetary penalties provided in O.C.G.A. § 15 21 73 may not be added to the civil monetary penalties imposed pursuant to O.C.G.A. § 40 6 20.
UNU2005-3	Drug offenders who are later pardoned are ineligible to obtain a license to carry a concealed pistol or revolver pursuant to O.C.G.A. § 16 11 129, although they are permitted to possess a pistol or revolver inside their home, vehicle, or place of business without violating Georgia law.
UNU2005-1	Agencies covered by the Georgia Open Records Act may not by contract with a federal agency create an exception to the Act and make otherwise public documents in the hands of the agency confidential unless the contract provision is mandated by federal law or regulation.
UNU2004-2	An impermissible conflict of interest arises when a member of the Walker County Board of Elections and Registration is also employed as the boards full time chief clerk.
UNU2004-1	Legal entities and individuals who seek to obtain collegiate athletic scholarships for high school athletes do not fall under the provisions of O.C.G.A. § 20 2 317 and 20 2 318 or the 2003 amendments to Chapter 4A of Title 43.
UNU2003-1	O.C.G.A. § 45-18-52 authorizes the Employee Benefit Plan Council to create an optional automobile or homeowner insurance program for state employees.
UNU2002-8	Hospital authorities are subject to the gratuities clause of the Georgia Constitution but nonetheless may offer a prospective employee a signing bonus if the authority receives a substantial benefit in exchange for the signing bonus. However, a hospital authority may not assume payment of a prospective employees educational loan without explicit statutory authority to do so.
UNU2002-7	A state paid assistant district attorney may not offer for and hold a part time elective office with a political subdivision of this state, as the duties of that office conflict with the performance of the official duties of assistant district attorney in the Northern Judicial Circuit of Georgia.
UNU2002-6	Fulton Countys obligation to accord equal treatment to all superior court judges of the Atlanta Judicial Circuit, already judicially determined with respect to county salary supplements, is equally applicable to all county funded support services, including staffing (e.g., law clerks, secretaries, court reporters, case managers, and the like) and the operating budget required for a superior court judge properly to perform his or her constitutional and statutory duties.
UNU2002-5	The distance provisions of O.C.G.A. § 3-3-21(a)(1)(A) with regard to the location of church buildings require that the building containing the premises licensed for the sale of distilled spirits must be located no less than one hundred yards from any church building.
UNU2002-4	O.C.G.A. § 3-7-2 does not apply to private clubs conducting sales of alcoholic beverages by the drink where the sales are authorized under a provision of law other than Chapter 7 of Title 3.
UNU2002-2	O.C.G.A. § 20-2-506(b)(4) is not applicable to that certain contract dated July 1, 1997, between the City of Dalton and The City of Dalton Building Authority with respect to the currently outstanding $15,000,000 The City of Dalton Building Authority Revenue Bonds (Dalton Public School System Project), Series 1997.
UNU2002-1	The General Assemblys direct legislative command that an individual appointed to fill a newly created superior court judgeship shall receive the same salary supplement provided for the other judges of the circuit cannot be varied by a county ordinance or resolution.
UNU2001-4	County jail inmates generally may not be utilized to clean graffiti from private property unless it can be clearly demonstrated that the use of such inmates for this purpose confers a substantial public benefit.
UNU2001-3	Miscellaneous questions regarding residency requirements for the General Assembly in light of reapportionment
UNU2001-1	A citizen who served as a firefighter and was a member of the Firefighters' Pension Fund from 1971 through 1984 and then resumed service as a firefighter and applied for reinstatement to the fund in 1992 is not eligible to receive pension credit pursuant to O.C.G.A. � 47-7-87 for his years as a firefighter prior to his break in service.
UNU2000-12	Georgia counties may enact ordinances regarding enforcement of traffic control devices by the use of cameras. Such cameras may be erected at intersections of roads within the state highway system, provided their placement is approved by the Department of Transportation.
UNU2000-11	In order for a search warrant or an arrest warrant to be valid, it must be signed by a magistrate who is authorized to hold a court of inquiry under O.C.G.A. § 17-7-20 and who is physically present in the county in which he or she serves.
UNU2000-10	Disclosure of a public officers direct ownership interest in a tract of real property is required pursuant to O.C.G.A. § 21-5-50(b)(4) where the net fair market value of the interest exceeds $20,000.00 as of December 31 of a covered year, regardless of where the real property is located.
UNU2000-9	A senior superior court judge, who is not being appointed in his senior judge capacity pursuant to O.C.G.A. § 15-1-9.1, may be appointed to serve as a part-time state-funded juvenile court judge and, so long as the hours worked annually do not exceed 1040 hours, there is no effect on the senior judges retirement.
UNU2000-8	Several questions regarding rights under the Superior Court Judges Retirement System and under the appellate judges option of the Employees' Retirement System.
UNU2000-7	Municipalities are not prohibited by Georgias Constitution or laws from enacting ordinances regarding enforcement of traffic control devices by the use of cameras.
UNU2000-6	A candidate for the position of local director of emergency management who has been convicted of a felony and fully pardoned is not eligible to hold that position under O.C.G.A. § 38-3-27(a)(2)(B).
UNU2000-5	County criminal and traffic ordinance violations are covered by the Peace Officer and Prosecutor Training Fund Act of 1983, O.C.G.A. § 15-21-70 et seq.
UNU2000-4	The billing and payment records of public employees and officials to a municipally owned and operated public utility system are subject to disclosure under the Georgia Open Records Act, barring the proper application of any exception. Additionally, any special treatment of those public officials by such utilities may need to be disclosed under the Ethics in Government Act and the failure to do so could subject the recipients to legal action.
UNU2000-3	Local legislation is not necessary to establish a juvenile court for Liberty County alone, but the powers of the juvenile court cannot be restricted to only that county.
UNU2000-2	The Governor's power to veto individual appropriations does not include the power to reduce an appropriation.
UNU2000-1	Under the Georgia Electronic Records and Signatures Act, departments, agencies, authorities, and instrumentalities of the State of Georgia and its political subdivisions have the legal authority to determine how and the extent to which they will create, send, receive, store, recognize, accept, be bound by, or otherwise use electronic records and electronic signatures, in situations where there is no other controlling law specifying a different type of record or signature.
UNU99-11	Limitations placed upon municipal home rule powers by O.C.G.A. § 36-35-6 expressly preclude a municipality from providing by either ordinance or charter amendment, for a fine or forfeiture in excess of $1,000.
UNU99-10	The Board of Regents is within its statutory and constitutional authority in establishing a supplemental retirement plan at the Medical College of Georgia in consideration of continued service by employees during significant institutional change.
UNU99-8	Where a vacancy is created by the prospective resignation of a member of a local board of education, the board may move to fill that vacancy prior to the effective date of the resignation.
UNU99-9	Interest from cash bonds transferred by a sheriff to the appropriate clerk of court is not required to be remitted to the Georgia Indigent Defense Council unless the statute governing the particular clerk of court requires that the clerk remit interest to the Council. Also, since O.C.G.A. § 15-16-27(b) applies to cash bonds held by the sheriff, it does not apply to bonds posted by professional bondspersons.
UNU99-5	Persons sentenced to community service may be utilized to assist counties or municipalities in preserving and protecting abandoned cemeteries or burial grounds.
UNU99-6	A probate judge may not employ an attorney to prosecute criminal cases in the probate court.
UNU99-7	Members of a county board of education may be employed by a separate school system even if the county board of education contracts with that system for use of its middle and high schools.
UNU99-4	A teacher at a charter school, which is operated by a non-profit corporation as permitted by the Charter Schools Act of 1998, shall be a member of the Teachers Retirement System.
UNU99-3	There is no general prohibition against a teacher employed by a local board of education serving as a county commissioner. However, such a prohibition could arise under the terms of a local law or because the county commission is able to directly affect the terms or conditions of the teachers employment.
UNU99-2	Except as provided in O.C.G.A. � 43-14-12, a local government does not have the authority under O.C.G.A. § 48-13-9 to impose additional licensing requirements, including regulatory fees, upon state licensed electrical contractors who conduct business within the jurisdiction of the local government.
UNU99-1	School systems in counties with a population of less than 100,000 may not authorize their school security employees to carry firearms. However, law enforcement personnel who are authorized to carry firearms from some source other than the school board may provide security at school functions.
UNU98-15	Under current precedent the Georgia Constitution does not permit direct grants to private persons solely to induce economic activity for the general welfare.
UNU98-16	The General Assembly is within its power to require information of the Board of Regents under Code Section 45-12-88 so long as its exercise of the power does not infringe upon the constitutional power of the Board to govern the University System, particularly its power to receive and allocate as a lump sum "[a]ll appropriations made for the use of any or all institutions in the university system."
UNU98-14	Local school system employee suggestion programs do not violate the constitutional prohibition against gratuities.
UNU98-13	A superior court judge who was a member of the Superior Court Judges Retirement System and who paid the requisite contribution to obtain spousal benefits under that system may not recoup those spousal contributions if she subsequently chooses to reject spousal benefits under the new Georgia Judicial Retirement System.
UNU98-12	The governing authority of a county may supplement the salary of a state judicial employee without separate local legislation. Further, a state employee may not contract with a county to perform services during the same forty-hour work week.
UNU98-11	The City of Atlanta Solicitors office does not have the authority under O.C.G.A. � 35-3-37(d) to approve the expungement by an original agency of a criminal arrest record involving a felony or misdemeanor state offense which is dismissed in municipal court and for which no indictment or accusation has been drawn.
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