Unofficial Opinions

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U98-14	Local school system employee suggestion programs do not violate the constitutional prohibition against gratuities.
U98-13	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.
U98-12	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.
U98-11	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.
U98-10	Cities that are located in more than one county may be consolidated with a county government. However, in the absence of a change in county lines or some additional general legislation to provide for consolidating governments of a city and more than one county, the city would have to give up some of its territory.
U98-9	In light of the 1997 amendments to the School Safety and Juvenile Justice Reform Act limiting the exclusive jurisdiction of the superior courts to the trials of juveniles charged with offenses enumerated in O.C.G.A. § 15-11-5(b)(2)(A), judges of the magistrate court may issue arrest warrants for juveniles charged with such offenses.
U98-8	Dual service as a volunteer firefighter and a member of a city council or county commission does not appear to violate the prohibitions of either O.C.G.A. § 36-30-4 or § 45-2-2. However, cities and counties confronted with this situation must determine for themselves, based on the unique circumstances presented by dual service in their particular jurisdiction, whether a common law conflict of interest exists.
U98-7	Official Code of Georgia Annotated § 15-21-90 does not prohibit a county from considering a reduction on a citys inmate housing bill in the amount equivalent to the ten percent add on monies paid to the county pursuant to the statute.
U98-6	The proposed Columbus ordinance regulating the manner and location in which a firearm may lawfully be placed in a home, building, trailer, vehicle, or boat would be ultra vires in that the ordinance conflicts with the general laws of the State of Georgia and because the regulation of firearms, with exceptions not relevant hereto, has been preempted by the General Assembly.
U98-5	Marriage ceremonies in Georgia may be performed by any judge, including those from outside the state.
U98-4	The Chairman of the Newton County Commissioners has sole authority to hire and fire county employees. In the case of employees who do not work in the road and bridge department, his authority is limited by a provision requiring the approval of the entire Commission.
U98-3	The Open Meetings Act generally requires agencies to make official meetings open to the public, but portions of such meetings may be closed or conducted in executive sessions under certain specific circumstances if the proper procedures are followed.
U98-2	The Georgia Constitution authorizes the General Assembly to create special schools. Pursuant to that authority the General Assembly may create a statutory mechanism by which one school could serve a multi- district area and provide for its governance by a governing board appointed by the local boards of the affected systems.
U98-1	A municipal government may not create rules that make annexations effective prior to the time they are made effective by O.C.G.A. § 36-36-2.
U97-33	The Privacy Act of 1974 (5 U.S.C. § 552a) does not apply to the provisions of O.C.G.A. § 40-5-28, which authorize the Department of Public Safety to require, as a condition of licensing, that applicants submit to fingerprinting.
U97-32	The Erosion and Sedimentation Act requires an applicant for a land disturbing permit to obtain certification that there are no past due ad valorem taxes owed on the property for which the permit is requested.
U97-31	Interpretation of O.C.G.A. 43-10A-7 regarding school counselors using the title "Professional School Counselors."
U97-30	Georgia Military College is not a local school system as that term is defined in the Quality Basic Education Act and therefore is ineligible to be a member of a regional educational service agency (RESA). The State Board of Education is not authorized to waive the statutory definition so as to allow Georgia Military College to be a RESA member.
U97-29	For the purposes of O.C.G.A. § 16-11-129, marijuana is a controlled substance such that a conviction arising out of the possession thereof should preclude an applicant from obtaining a license to carry a pistol or revolver.
U97-28	The provisions of O.C.G.A. § 15-21-131 which impose an additional penalty of five percent for criminal offenses includes traffic offenses.
U97-26	A first-term chief magistrate, who previously completed a four-year term as a magistrate after December 31, 1995, is entitled to a five- percent longevity increase under the provisions of O.C.G.A. § 15-10- 23(j).
U97-27	Official Code of Georgia Annotated § 45-2-1, which creates a one- year residency requirement for county office-holders, prevents a county from creating a more stringent residency requirement for its office-holders.
U97-25	Residency requirements for the election of local school board members cannot be established by board bylaws.
U97-23	Under O.C.G.A. § 42-1-12, as effective July 1, 1997, the sheriff must release relevant information relating to sexually violent predators and is given the authority to determine what information and in what manner such information will be released.
U97-24	Covered multifamily dwellings are not subject to the 2% cap on fully accessible or adaptable rental apartment complexes of 20 units or more which is found in O.C.G.A. § 30-3-2(8).
U97-22	The geographic jurisdiction of a city housing authority established under the Housing Authority Law is governed primarily by the definition of "area of operations" in O.C.G.A. § 8-3-3(1).
U97-21	When sheriffs hold cash bonds, and when clerks of superior court, state court and magistrate court hold funds paid in for security or judicial disposition, the funds must be placed in interest-bearing trust accounts, and the interest must be remitted to the Georgia Indigent Defense Council unless otherwise provided by law.
U97-20	The Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture and Commissioner of Labor must be elected by a majority vote.
U97-16	Official Code of Georgia Annotated § 27-3-1(a) applies to persons engaged in hunting who enter upon property of others without permission, but does not apply to intrusions by hunting dogs.
U97-17	A chief clerk need not be reappointed after the reelection of the probate judge, but continues on as an employee of this county officer and is therefore eligible to assume the duties of the probate judge under O.C.G.A. § 15-9-11.1 should a vacancy occur in that office.
U97-18	A coroner may not serve as a deputy sheriff. A deputy coroner should not serve as a deputy sheriff. A coroner or deputy coroner also should not serve as a city police officer.
U97-19	The salary of a sheriff may be supplemented by the General Assembly through local law or by the board of commissioners when the board has been delegated that authority through local law enacted by the General Assembly.
U97-14	In order for a publication to become a countys official legal organ, under the recently amended O.C.G.A. § 9-13-142, an independent audit must show that the publication has had an 85% paid circulation rate for the twelve months prior to its being declared the official legal organ.
U97-15	The one mill tax limitation of O.C.G.A. § 48-5-220(20) limits the amount of ad valorem tax funds a county may pay to a county development authority for certain purposes.
U97-13	Under Georgia law, active duty military personnel are exempted from the requirement of a firearms permit. The exemption is not limited to the performance of military duty. These personnel may, upon request, obtain a firearms permit if otherwise qualified. Their dependents may be issued a permit if otherwise qualified only upon establishing residency in this state. Law enforcement officers are also exempt from the requirement to obtain a permit.
U97-12	All persons or entities who sell to or contract with state government and who give any gifts to public employees which in the aggregate exceed $250.00 in value must by February 1 of each calendar year file a disclosure report with the State Ethics Commission.
U97-11	A member of the General Assembly may serve as a member of the Albany-Dougherty County Planning Commission without there being a per se constitutional, statutory or common-law conflict of interest.
U97-10	Restoration of all civil and political rights, excluding the right to receive, possess, or transport in commerce a firearm, is not determinative of whether an applicant for professional bondsperson "is a person of good moral character and has not been convicted of a felony or crime involving moral turpitude."
U97-9	The General Assembly must offer to qualified individuals with disabilities appropriate auxiliary aids or services when necessary to provide an equal opportunity to take part in programs and services during the legislative session.
U97-8	Questions regarding charter schools.
U97-7	Georgia statutes authorizing the Department of Public Safety to require applicants for a driver's license or identification card to submit fingerprints do not violate the constitutional rights of Georgia citizens.
U97-5	Under the Constitution, the General Assembly is responsible for appropriating federal funds, but federal funds are continually appropriated.
U97-4	The definition of "emergency condition" found at O.C.G.A. § 31-11-81(1) would control over any contrary definition contained in any insurance policy issued in Georgia after the effective date of the Emergency Services Law; further, any managed care plan offered to a Georgia resident after the effective date of the Patient Protection Act of 1996 must contain, as a plan provision disclosed to participants, the definitions of "emergency services" and "emergency care" found at O.C.G.A. § 33-20A-3(2).
U97-3	Neither a district attorney nor members of the district attorney's staff should be present for deliberations of the grand jury.
U97-2	When requesting a student's social security number, local school districts must tell the student whether disclosure is mandatory or voluntary, what use will be made of it, and by what authority the number is requested.
U97-1	Under the Ethics in Government Act, an elected official is not required to report as the receipt of a campaign contribution the estimated "value" of his or her attendance at an event sponsored by a public or private entity, where the purpose of the appearance is not designed to bring about the nomination or election of the official.
U96-25	Race-based classifications and gender-based classifications in government disadvantaged business enterprise programs are inherently suspect.
U96-24	The Cairo Development Authority may transfer assets, including cash and contract rights, to a joint, city-county development authority in return for services; in activating the joint authority, the governing bodies of the city and county may agree with one another not to appoint elected officials to the new entity.
U96-22	The provisions of O.C.G.A. � 16-11-127, which prohibit the carrying of deadly weapons to or at public gatherings, while not limited in application to the enumerated places and functions in the statute, do not apply to every place in which the public may be present, but only to those places in which the public is gathered.
U96-23	The provisions of O.C.G.A. § 3-7-2 authorize validly licensed private clubs to sell alcoholic beverages at any time on Sundays without regard to the laws of local counties and municipalities.
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