Virginia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Virginia, with full citations and the original source on every page.
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Can a Virginia town council member also serve on an elected county school board?
Yes. A sitting member of an elected town council in Virginia may also serve as an elected member of the county school board. There is no constitutional bar in Article VII, § 5 or § 6 of the Virginia C…
Can a Virginia deputy sheriff also sit on the county board of supervisors at the same time?
Yes. Virginia's dual office-holding rules in Article VII, § 6 of the state constitution and Va. Code § 15.2-1534(A) only forbid simultaneous service in offices that are expressly listed in Article VII…
Can a Virginia county supervisor also work as executive director of a public service authority whose members are appointed by the board of supervisors?
Yes, the State and Local Government Conflict of Interests Act does not prohibit a county supervisor from also serving as executive director of a public service authority. But the dual role creates con…
If a Virginia electoral board member takes a part-time town attorney job, are they automatically off the board, and are any decisions they made still valid?
Off the board on acceptance, but past acts remain valid. The AG concluded that under Article II, § 8 of the Virginia Constitution and § 24.2-119, an electoral board member cannot simultaneously serve …
Can a Virginia city council appoint its own mayor or council members to the Fort Monroe Authority Board of Trustees?
No. Article VII, § 6 of the Virginia Constitution and Va. Code § 15.2-1535 prohibit a governing body from appointing its own members to other 'offices' the body fills, unless general law provides an e…
Can a Virginia town council member also serve on the county school board at the same time?
Yes. The AG concluded that a citizen could serve simultaneously on a town council and on the county school board for the county containing that town, so long as the usual residency and other eligibili…
Can a Virginia planning commission member also serve on a school board to which they were elected?
Yes. Section 22.1-30(A) prohibits certain local officers from being 'appointed' to the school board, but not from being 'elected' to it. A 1993 amendment deleted the words 'or serve,' confirming that …
Can a Virginia school division employee run for and serve on that same school board, and can a Department of Health employee run an outside radon-testing business?
No, an employee of a school board cannot serve as a member of that same school board. A Department of Health employee may run a radon-testing consulting business on personal time, as long as the work …
Can a Virginia town pass an ordinance preventing two spouses from holding interrelated elected offices at the same time?
No. The Virginia Constitution sets the qualifications to hold elective office, and the General Assembly has not authorized localities to add a 'no two spouses' restriction. Such a local ordinance woul…
Can a Virginia town council member or sitting member of a town historic review board or building code appeals board also serve on the town's wetlands board?
Yes. Va. Code § 28.2-1303(A) prohibits wetlands board members from holding other public office in a 'county or city,' but the statute omits towns from that prohibition. The omission is significant: a …
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Attorney general opinions in Virginia are written by the Virginia Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.