These opinions were based on the law as it existed at the time the opinions were issued. They may have been superceded by changes in constitutional, statutory, or case law.
Applicability of Colorado Open Meetings and Open Records Acts to state institutions of higher education
Summary
Neither the Open Meetings nor the Open Records Act expressly apply to the state institutions of higher education. Thus, because of the holdings in Uberoi and Associated Students, supra, I must conclude that these institutions may adopt their own procedures concerning the disclosure of their records to the public and the conduct of their meetings.
Mandatory housing of violent offenders in major institutions for at least 6 months.
Summary
There is no statutory definition of the phrase "violent offender" which appears in section 17-25-103 so the department may interpret the phrase in accord with its commonly accepted meaning.
The 6 month time period required by section 17-25-103 should begin upon the inmate's reception at any diagnostic unit operated by the department and should not include any time spent in presentence confinement.
Re-enrollment of nonresident students changing tuition status
Summary
A requirement for qualified out-of-state students to re-enroll before being permitted to matriculate as in-state students requires legislative action by the general assembly. Such a legislative discrimination would withstand constitutional challenge only if it is part of a scheme that is rationally related to a legitimate state interest.
| FORMAL OPINION of |
Public employee use of annual leave to work on political campaigns
Summary
In accordance with the above principles of statutory construction, it is my conclusion that section 1-45-116(1)(d), C.R.S. (1980) does not prohibit an employee or officer of a public agency from using annual leave to work on a political campaign.
| FORMAL OPINION of DUANE WOODARD |
No. 84-24
AG Alpha No. EX AD AGANP |
Victims and witnesses assistance and law enforcement fund; application to penalty assessmentsSummary
The surcharge imposed on fines by section 24-4.2-104, C.R.S. (1984 Supp.) applies only to criminal actions charged pursuant to the penalty assessment provisions of sections 42-4-1501 and 33-6-104, C.R.S. (1984). The surcharge is to be collected by the clerk of the court after judgment is entered on the action by the court.
Appointment of members to the Joint Budget Committee
Summary
The speaker of the house has both the power and duty to appoint the house members to the Joint Budget Committee in a manner consistent with the statute.
| FORMAL OPINION of DUANE WOODARD |
No. 84-21
AG Alpha No. LE HR AGANZ November 28, 1984 |
Constitutional impediments to legislative action concerning the reorganization of higher education in Colorado
Interim appointments to the State Board of Equalization
Whether property that is used for mining operations or oil and gas production and managed by the State Board of Land Commissioners is subject to ad valorem tax.
Reimbursement of moving expenses upon rehire of employees on reemployment lists
Summary
Individuals on state reemployment lists are not "employees" in the state personnel system and thus are not entitled to reimbursement for moving expenses under section 24-50-134, C.R.S. (1982).
| FORMAL OPINION of DUANE WOODARD |
No. 84-18
AG Alpha No. AD AC AGAKH October 2, 1984 |