a better kauai May 31, 2008
Incident to a 2008 request for an advisory opinion concerning Section 20 ... A peremptory statement cannot responsibly be called an advisory opinion when it gives the public no insight as to the rationale used by the board and offers no guidance for similar questions that may occur in the future. (Lihue Garden Island, HA)
Ethics panel clears Moe; Sarich denies retaliation May 30, 2008
Besides the formal complaints the two city elected officials have filed against each other, Moe also previously requested an advisory opinion on Sarich's use of a community center after hours to play basketball with friends. That opinion, issued in March, cleared Sarich of any violations. (Laurel Leader, MD)
Board adopts forms May 24, 2008
The three-member panel agreed that the complaint and advisory opinion forms would be available at the town clerk's office and may be downloaded from the town's Web site, www ... The request for an advisory opinion, however, is not subject to the same strict confidentiality requirement ... "The advisory opinion request is public information, but complaints are not," said Mrs. Carolan. (Brookfield Journal, CT)
Religious Group Questions Fla. Judicial Ethics Code May 23, 2008
The Florida Judicial Ethics Advisory Committee, a board established by the Florida Supreme Court, had issued an advisory opinion saying candidates could respond to such a questionnaire as long as their response met certain conditions such as not promising to rule a certain way in a case, conditions that were incorporated into the final version of the Family Policy Council's questionnaire. But one successful candidate later would provide an affidavit saying he would have answered the... (Law.com)
Trinity wins approval to relocate; Brookwood unsure it will appeal decision May 23, 2008
An administrative law judge who heard 14 days of testimony last fall also sided with Trinity's desire to move and gave state regulators an advisory opinion in April recommending approval. Bill Heburn, Trinity's chief executive officer, said the hospital will begin immediately preparing for construction. (AL.com)
Panel finds no ethics conflict for lawmaker May 22, 2008
Meyer has long said he didn't have a conflict of interest under state law and asked the Select Committee on Legislative Ethics for the advisory opinion that confirmed that ... After the advisory opinion Tuesday, it appears Meyer is not even required to take that step. (Juneau Empire)
LR superintendent's firing, buyout at issue before court May 16, 2008
"Are we really just doing an advisory opinion that's not capable of repetition?" Brown asked. Welch also argued that the lawsuit was pointless because the money had already been paid. (Pine Bluff Commercial, AR)
Bill prompted by Anna Pou case gets House panel approval May 15, 2008
The panel would issue an advisory opinion recommending whether prosecutors should proceed with charges. But the panel would only be optional for prosecutors, not mandatory. (WWLTV.com, LA)
Ethics panel scorns auditor May 15, 2008
In the course of its investigation, the auditor's office learned that the legislator had asked the Ethics Commission for an advisory opinion. The commission, which is required to keep much of its work secret, declined to help. (News & Observer)
Putting a stop to closings May 14, 2008
Pontiac Daily Leader - News. Wednesday, May 14, 2008. (Pontiac Daily Leader, IL)
Ethics panel works in secret May 12, 2008
It issues advisory opinions, investigates complaints and keeps financial disclosure statements of elected officers and candidates ... Advisory opinion requests and responses are not subject to the state's Freedom of Information Law ... The commission also provides guidance on ethics laws through advisory opinions to legislators, staff and candidates. (Albany Times Union)
Offices wrestle to clean up N.C. May 10, 2008
The letter was critical of an "informal advisory opinion" from the commission that stated only the commission can investigate certain potential conflicts. Newson said the opinion is not a public record under the state ethics law. (News & Observer)
Process could be savior May 8, 2008
The commission must within 50 days after the closing recommendation issue an advisory opinion on the recommendation. Comments. (Pontiac Daily Leader, IL)
IDOT move must survive Facilities Closure Act May 4, 2008
Within 50 days after the closure documentation is filed, the commission issues an advisory opinion on whether the closure should proceed, and that advisory opinion, in turn, goes before a bipartisan panel of 12 lawmakers from both the House and Senate. "The transaction cannot go forward without the commission's approval, contrary to what some in the administration may believe," said Sen. (Harrisburg Daily Register, IL)
'Alabama' Primary Apr 23, 2008
"The draft AO [advisory opinion] states that Mr. Goldup may not pay himself a salary because he did not have earned income in the previous year." ... "The draft AO [advisory opinion] states that Mr. Goldup may not pay himself a salary because he did not have earned income in the previous year.". (Townhall.com)
Most Mass. workers entitled to meal breaks Apr 20, 2008
In 1994, the attorney general's fair labor and business practices division issued an advisory opinion that elaborated on the meal break provision. According to the advisory, an employee is entitled to compensation during a meal period where the employer restricts movement. (Boston Globe)
Barack Obama's patriotism Apr 20, 2008
Dukakis vetoed the legislation after an advisory opinion from the state supreme court called it unconstitutional. The facts didn't matter. (Boston Globe)
The Writers Art: When a Who Is Not a That Apr 17, 2008
seeks an advisory opinion on the deployment of whether or not. He asks, is the or not always redundant. (Dublin Courier Herald, GA)
Overused reflexive pronouns used badly Apr 10, 2008
Jay Weitz of Columbus, Ohio, asks the court for an advisory opinion on the intransitive verb to transition. In evidence he offers a column by David Brooks in The New York Times in February. (Dublin Courier Herald, GA)
Soares pushes travel probe Mar 27, 2008
Paterson responded Tuesday by asking Attorney General Andrew Cuomo for an advisory opinion on whether he could waive executive privilege on behalf of Spitzer, who resigned March 17 amid a prostitution scandal. Multiple agencies have been investigating an incident in which Spitzer's top advisers last June released to the Times Union records of Senate Republican Majority Leader Joseph L. Bruno's state-funded trips, which included travel on days of major political fundraisers. (Albany Times Union)
County enters lawsuit against the state Mar 19, 2008
On Feb. 25, Evans advised Hyde to enter litigation against the Attorney General in appeal of his advisory opinion. During their regular meeting, Commissioners Doug King, Richard Keese and Bruce Eliker ratified Evans' decision to institute the lawsuit and to retain Denton, Navarro, Rocha l, P.C. on the county's behalf. (Bandera Bulletin, TX)
Elton John Keys It Up for Clinton Mar 18, 2008
And FEC Advisory Opinion 1981-51 clearly concludes that a foreign artist donating services (in this instance, a painting) to a US senate campaign comes under this rule. Plus, the limit on contributions is $2,300. (New York Times)
Guest editorial Mar 18, 2008
Last year, King s office issued an advisory opinion on the issue after New Mexico State University decided not to treat e-mail as a valid request for public records. I think that agencies, if they want to, can accept e-mail requests because you can print them out and turn them into a written request basically. (Rio Rancho Observer, NM)
More of this story Mar 6, 2008
The county Purchasing Division was concerned about a possible conflict of interest so it requested an advisory opinion from the county Ethics Board, Rapozo said. I believe that there was no conflict because I recused myself from the grant approval when it was heard at the council meeting, disclosing my reasons on the record, he said. (Lihue Garden Island, HA)
Letters for Monday, March 3, 2008 Mar 3, 2008
He responded by temporarily recusing himself from the commission, asking the Board of Ethics for an advisory opinion, and continuing to appear in behalf of private interests before county agencies. On Feb. 14 the Ethics Board resisted telling Chun that his activities represented a violation of the charter and deferred their advisory opinion in order to ask for an opinion from the county attorney s office regarding an issue that is about as clear-cut as any ethics issue can be. (Lihue Garden Island, HA)
Stolen Generations payout challenged Mar 1, 2008
"It is asking the Supreme Court to give an advisory opinion, which courts do not do, " he said. Story Tools. (The Australian)
Former R.I. House majority leader sentenced to 3 years in corruption case Feb 23, 2008
Prosecutors said he concealed his relationship with the companies by omitting his signature from invoices, signing another person's name on business letters and failing to seek an advisory opinion from the state Ethics Commission. A Woonsocket Democrat who served in the General Assembly from 1987 to 2002, Martineau cried in court as he accepted responsibility, saying he had disappointed his family and contributed to public distrust in the political process. (San Diego Union-Tribune -- Business)
Recognizing Kosovo could backfire for Ottawa, expert says Feb 22, 2008
"The rights of the other provinces and the federal government cannot deny the right of the government of Quebec to pursue secession, should a clear majority of the people of Quebec choose that goal, so long as in doing so, Quebec respects the rights of others," the court stated in its advisory opinion on Quebec's right to secede unilaterally. Prior to the 1995 referendum on sovereignty, then-premier Jacques Parizeau had secured a commitment from France as well as from member states of the... (Globe and Mail)
UISG battles over election panel Feb 19, 2008
"The advisory opinion is not binding," Noonan said. "Just because we didn't catch it once doesn't mean it should keep going on.". (Daily Iowan, IA)
Letters for Tuesday, February 19, 2008 Feb 19, 2008
At issue was a request from Jonathan Chun, chairman of the Charter Commission, for an advisory opinion which would allow him to appear on behalf of private interests before other county agencies ... Lost in the shuffle was the fact that Chun was asking for an after-the-fact advisory opinion ... By contrast, in nearly all cases persons asking for advisory opinions do so before engaging in questionable activity. (Lihue Garden Island, HA)
Reform Groups Urge Senator Obama to Reaffirm Commitment He Made Last Year to Use Public Financing System if His Opponent Also Agrees to Use System in General Election Feb 16, 2008
The letter states, "According to Politico (February 14, 2008), Mr. Burton stated that the commitment you made last year is an 'option,' not a pledge." The letter further states: Mr. Burton further said, "The only reason this is an option is because we pursued the decision from the FEC. As the Clinton campaign continues to remind you, Obama is not the nominee, but this is a question we will address when he is." The letter adds: According to the New York Times (February 15, 2008), "'We will... (PR Newswire)
School building money debate deadlocked Feb 13, 2008
The positions of all three parties [Sherborn s town counsel, Dover s town counsel and the School Committee s counsel] were made clear, but we left the meeting without any defined next step, he said, also asserting that it would be a good idea to speak with the attorney general s office to obtain an advisory opinion; it makes sense to go back to the people who caused the problem, namely the commonwealth. He added that avoiding litigation is our responsibility, and we need to exhaust every... (Dover Sherborn Tab, MA)
Embryo implanted after dad dies can't inherit from him, Ark. court says Jan 11, 2008
LITTLE ROCK - A child created through in vitro fertilization but implanted in the mother's womb after the death of his father does not automatically inherit property from the father, Arkansas' highest court said in an advisory opinion Thursday. The Arkansas Supreme Court responded to a question from a federal judge in an Arkansas woman's appeal of a Social Security Administration decision to deny her claim for "child's insurance benefits.". (Pine Bluff Commercial, AR)
R.I. Court Denies Lesbian Couple Divorce Dec 8, 2007
The couple's divorce petition drew a broad range of supporters, including Attorney General Patrick Lynch, who earlier this year released a nonbinding advisory opinion saying Rhode Island should recognize same-sex marriages performed in Massachusetts. Gov. Don Carcieri said he believed the decision was appropriate given that Rhode Island law "was designed to permit marriage - and therefore divorce - only between a man and a woman." He said the only way the law should be changed is through a voter... (Click2Houston, TX)
Annapolis conference a positive step Dec 2, 2007
2)Israel must take immediate measures to cease, under international control, all settlement activities in the Palestinian territories, including East Jerusalem and remove the existing settlements including the separation wall in the West Bank and in Al Quds surroundings and compensate people affected by this wall in accordance with its obligations under the relevant resolutions of international legitimacy and the advisory opinion rendered by the international court of justice in this regard. We... (Khaleej Times)
Cumberland man starts online petition calling for Crowley to quit Nov 6, 2007
The School Committee chairman requested an advisory opinion before last year's election, asking the Ethics Commission if he or his wife, Rosa Crowley, could cast votes for each other if they were both elected. Crowley said the commission ruled they could not vote for each other. (Pawtucket Times, RI)
YMCA weighs the options Nov 2, 2007
The Catoosa County Board of Assessors told YMCA officials in an advisory opinion in early October that the material presented to the board thus far regarding the planned YMCA has not convinced members of the board that the use is a purely public charitable purpose. Board members are James Dycus, chairman; Tony Henson, vice chair; and Jim Clark, Wendell Folks and Tom Manton. (Catoosa County News, GA)
Ethics panel closes lobbying loophole Nov 2, 2007
Although Leadership West Virginia is affiliated with the state Chamber of Commerce, the group does not lobby the Legislature, according to the request for an advisory opinion ... Organizers indicated in their request for an advisory opinion that they tentatively plan to hold the reception on the first evening of the 2008 session, after the governors State of the State address, which draws additional state officials and other dignitaries to the Capitol. (Charleston Gazette, WV -- News)
Rep. Jackson seeks to move funds to wife to unseat Beavers Nov 1, 2007
Mr. Jackson submitted his advisory opinion request to the Federal Election Commission on Oct. 15. He said the FEC indicated it would have an answer before the end of December, but he hopes for an expedited response in advance of the Feb. 5 vote. (Crain's Chicago Business)
No Disney World Nov 1, 2007
Already a draft of an FEC advisory opinion, dated Oct. 26 and obtained by this column, concluded that XM's provision of free airtime to presidential candidates does in fact fall under the "press exemption" of the Federal Election Campaign Act of 1971, which nevertheless was enacted before anybody conceived of satellite radio and its wealth of channels. District-based XM, which features more than 200 channels and more than 8 million subscribers, announced recently the launch of a 24-hour,... (Townhall.com)
COMEDY CENTRAL serious about Colbert run; Lawyers on stand-by... Oct 27, 2007
In 2003, the firm won F 00001515 EC approval for a reality show about a mock presidential campaign called " which aired on Showtime, at the time a subsidiary of Comedy Central s current parent company, Viacom. In an requested by Wiley Rein, the FEC ruled that the show, hosted by Montel Williams and running only one season, qualified for the media exemption to campaign finance rules. Colbert s situation raises more issues, though, because he hosts his show and has actually taken steps to get on... (The Drudge Report)
* European Court of Justice throws out `Volkswagen law' Oct 24, 2007
However, anticipating the ruling would follow an advisory opinion against the Volkswagen law, fellow German automaker Porsche AG increased its holding in Volkswagen to 31 percent, while Lower Saxony raised its stake to 20. 36 percent, giving Porsche and Lower Saxony together 51 percent -- or enough clout to stop a takeover. (Taipei Times, Taiwan -- World)
Volkswagen loses takeover protection Oct 23, 2007
Anticipating the ruling would follow an advisory opinion against the Volkswagen law, fellow German automaker Porsche AG increased its holding in Volkswagen to 31 per cent, while Lower Saxony raised its stake to 20. 36 per cent - giving Porsche and Lower Saxony together 51 per cent, or enough clout to stop a takeover themselves. (Sydney Morning Herald -- Business)
Ethics appeal may result in tough new rules for Pa. state workers Oct 22, 2007
In both cases, the commission s advisory opinion was that the secretaries would have to be insulated and removed from any involvement in the grant process, including access to confidential information about it ... Ethics Commission chief counsel Robin M. Hittie, in a brief filed last month, dismissed the administration s scenarios about how the advisory opinion might have repercussions for thousands of state workers. (Carlisle Sentinel, PA)
EU ruling on 'VW law' test case on governments' ability to shield companies from takeovers Oct 20, 2007
The European Court of Justice in Luxembourg is widely expected to overturn the decades-old law, after an advisory opinion in February said the German government was excessively protecting Volkswagen AG. The court backs such advice about 80 percent of the time ... Anticipating the ruling will go against the VW Law after the advisory opinion, fellow German automaker Porsche AG increased its holding in Volkswagen to 31 percent while Lower Saxony raised its number of shares to 20 ... State Governor... (San Diego Union-Tribune -- Business)
Plenty of 'baloney' over opponents now being served in ads Oct 19, 2007
The Ethics advisory opinion has two parts: The first says Barbour's income disclosure satisfies part of the law, but goes on to say that because it does not know which assets are in the fund, it cannot say if he has a potential conflict of interest. If, as published reports say, Barbour's blind trust includes a stake in his old Washington-based lobby firm - which lobbies for Big Tobacco - his veto of a bill to raise the state cigarette tax could be interpreted as a conflict of interest. (The Clarion-Ledger)
Wealthy donor avoids limits with 100 political action committees Oct 17, 2007
Sinquefield pointed to a 1997 Missouri Ethics Commission advisory opinion stating that the establishment of multiple political action committees by a single association does not violate state campaign finance laws. Joe Carroll, the Ethics Commission's campaign finance director, said Monday that the 1997 opinion remains valid today. (Jefferson City News Tribune, MO)
UN adviser criticises Quartet Oct 16, 2007
For instance, the Quartet has never even mentioned the 2004 advisory opinion of the International Court of Justice, which sets out the legal framework for dealing with the Palestinian territory, he said. Dugard, a South African law professor who is the UN's special rapporteur on human rights in the Palestinian territories, said: "If the UN is not able to persuade other members of the Quartet, particularly the US, to acknowledge that Israel is a serious violator of human rights and is in serious... (Aljazeera.Net)
Lesbian couple petitions court for divorce Oct 10, 2007
Attorney General Patrick Lynch earlier this year issued a nonbinding advisory opinion saying the state would recognize same-sex marriages performed in Massachusetts. The justices did not indicate when they would rule. (Atlanta Journal-Constitution -- World)
Abu-Manneh: Israel's Colonial Siege Oct 8, 2007
As the International Court of Justice advisory opinion clearly states: Around 80 per cent of the settlers living in the Occupied Palestinian Territory, that is 320,000 individuals, would reside in that area, as well as 237,000 Palestinians. Moreover, as a result of the construction of the wall, around 160,000 other Palestinians would reside in almost completely encircled communities. (Zmag.org)
State Ethics Commission debates where lobbying starts Oct 5, 2007
Commission members postponed a vote Thursday on the advisory opinion, to give Ethics Commission attorneys time to rewrite the opinion. To contact staff writer Phil Kabler, use e-mail or call 348-1220. (Charleston Gazette, WV -- News)
Planned YMCA complex denied tax exempt status Oct 2, 2007
In an advisory opinion from the board, she also said that the material presented to the board thus far regarding the planned YMCA has not convinced members of the board that the use is a purely public charitable purpose. McCurdy said based on the $7. (Catoosa County News, GA)
House to weigh in on gambling expansion (6:09 am) Oct 2, 2007
House Speaker Marco Rubio has even asked for a nonbinding advisory opinion from Attorney General Bill McCollum stating that Crists negotiations arent necessary. The dispute is likely headed for court. (Pensacola News Journal)
Walker alderman fined $500 for ethics violation Sep 26, 2007
The advisory opinion, which Philips said he requested, came down September 18th, 2006, a week after the Board of Aldermen approved the police commission ... He said yesterday that he paid the penalty, apologized for the error and should have waited for the advisory opinion. (KSLA.com, LA)
* UN MEMBERSHIP: Taiwan belongs in UN, experts say Sep 15, 2007
Although the International Court of Justice has not found any Security Council decision to be ultra vires ("beyond its powers") under the Charter, Paust said that Taiwan should ask its allies to demand that the UN General Assembly request an advisory opinion from the International Court of Justice on the propriety of a particular decision of the Council or an attempted veto by one of its permanent members. Joining Paust in support of Taiwan's application, Dennis Hickey, a professor of... (Taipei Times, Taiwan -- Business)
EDITORIAL: Ethics and money Sep 9, 2007
A confidential advisory opinion issued in April at the request of Barbour's attorney, Ed Brunini, said it could not determine if a specific conflict of interest exists in the trust holdings because the trust information on assets is only current to the time the trust was formed. The crux of the issue is speculation flourishing around reports that Barbour indeed has a financial interest in the lobbying firm Barbour, Griffith and Rogers - the firm in which he said he had no ownership before he was... (Northeast Mississippi Daily Journal)
Ethics test at the State House Sep 5, 2007
But a 2004 advisory opinion by the ethics commission says, "Prospective employment negotiations are synonymous with discussions and are not limited to the final meetings during which the parties review salary and other terms of employment.". Bright lines of separation between government and industry are especially in order at a time when the Patrick administration has embraced biotech as an engine of the state's economic growth. (Boston Globe)
Palestinians celebrate rare victory over hated barrier Sep 5, 2007
However, in an advisory opinion in 2004 the International Court of Justice ruled that the barrier was illegal where it crossed into the West Bank, and should be taken down. Palestinians and human rights groups say the barrier is an attempt to take land in the West Bank. (Guardian Unlimited -- World)
* Fight for Taiwan's future at the ICJ Sep 3, 2007
Only nations may file a legal action with the ICJ. If we are blocked from filing ourselves, asking the ICJ to issue an advisory opinion should be feasible through our allies ... UN Secretary-General Ban Ki-moon said that Taiwan is not a nation, but we can ask Taiwan's diplomatic allies to request that the court issue an advisory opinion to the 16 UN specialized organizations, since they and the UN are the only bodies that can ask for such an opinion. (Taipei Times, Taiwan -- Business)
N-deal must be debated Aug 30, 2007
Even if Parliament has no right to ratify an international accord, doesn't it at least have the right to dissect its clauses and offer an advisory opinion. If India's first nominated PM has his way, Parliament will have no role to play other than hold an academic debate on arrangements under the deal. (India Times, India)
Statute forbids issue-oriented polls Aug 28, 2007
" The problem: Only polls on candidates, not issues, are authorized. Election officials say the omission means issue-oriented polls are not allowed. TALLAHASSEE - Florida elections officials will begin enforcing a law which changesthe state's "rules of political engagement": campaigns can't ask voters about the issues.For example, political committees that push or want to defeat ballot initiatives, such as changing Florida's property tax structure, can't survey voters to find out how they feel... (Florida Today)
Patrick aide stayed mum on job talks Aug 27, 2007
But a 2004 advisory opinion issued by the ethics commission states that courts and the commission have determined that negotiating occurs when a public official and an organization meet to discuss employment. "Where a public employee and a person or organization have scheduled a meeting to discuss the availability of a position and the employee's qualifications for that position, the employee will be regarded as negotiating for prospective employment with that person or organization," the... (Boston Globe)
Brevard approves fire fee changes Aug 22, 2007
"Property tax reform is partly to blame.Commissioners considered a proposal in April to lower fees for mobile home residents but delayed a vote as concerns built about reform-fueled budget cuts.A state attorney general advisory opinion had already said the assistance provided to qualifying low-income residents was illegal.The fire service fees were created after a court decision forced the county to stop using assessments to pay for emergency medical services. In a swap, emergency medical... (Florida Today)
• Petition Woes For Perez Challengers Aug 9, 2007
She confirmed her interpretation of the law Wednesday afternoon with lawyers from the secretary of the state's office, who gave her an advisory opinion on the matter. She also said the law is explained in clear language on the instructions given to candidates who take petitions from her office. (FOX61, CT)
Karkar: Israel's Illegal Settlements Aug 7, 2007
In making the ruling, the Israeli High Court ignored the 2004 advisory opinion of the International Court of Justice which had not only rejected Israels security justifications, but had declared the Wall illegal and said that it must come down. Regrettably, the Israeli High Courts ruling normalised what is illegal in the first instance the building and maintenance of settlements on occupied Palestinian land. (Zmag.org)
