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 They may have been superceded by changes in constitutional, statutory, or case law.
Whether Boards of County Commissioners Can Remove Health Board Members Without Cause
Summary
County board of health members are appointed for terms fixed by statute. Consequently, they do not serve at the pleasure of the appointing authority and may not be removed without cause.
| FORMAL OPINION of DUANE WOODARD |
No. 89-1
AG Alpha No. LO AD AGARC May 1, 1989 |
Colorado's status as a "right to work" state.Summary
An agreement requiring membership in a labor organization as a condition of employment is, under certain circumstances, permitted in this state. The Colorado Labor Peace Act explicitly provides that employers "shall not be prohibited" from entering such agreements, provided certain preconditions are met. Consequently, Colorado does not fall within the traditional meaning of a "right to work" state.
Applicability of Section 18-5-210, C.R.S. (1986) to savings and loan associations operating in Colorado.
Governor's request for legal advice concerning the constitutionality of conditions and limitations contained in the 1988 Long Bill headnotes and footnotes.
Modification of Military Leave of Absence Fringe Benefit
Summary
Neither federal statute nor regulation constrains or limits a modification resulting in reduction of payment of wages while on military leave. Reduction of wages payable during the exercise of military leave of absence can be effected only by statutory change to the provisions of Section 28-3-601, C.R.S. (1982). The State Personnel Board may recommend statutory changes to the legislature, and may itself require employees to turn over reserve pay received while on military leave of absence.
Waiver of Amount applied to Underpayment of Estimated Tax
Summary
The added amount which the executive director must impose to an underpayment of estimated tax, pursuant to Section 39-22-605(5), C.R.S. (1988 Supp.), at the rate provided in Section 39-21-110.5, C.R.S. (1982) cannot be waived unless the rate imposed is in excess of the amount permitted under Section 39-21-110.5, C.R.S. (1982). If excessive, the excessive director can take action disapproving the excess amount pursuant to Section 39-21-103, C.R.S. (1982 & 1988 Supp.).
Payment of Expenses of Challenging Recall Petitions
Representation of taxpayers before the Board of Assessment Appeals.
Legal Opinion Regarding Disclosure Of Information To The Health Data Commission
Summary
Section 25-3-109 (H.B. 1037) (1988) and section 12-43.5-101 through 103, C.R.S. (1985 & 1987 Supp.) do not authorize health care facilities to refuse to supply information to the Health Data Commission.
| FORMAL OPINION of DUANE WOODARD |
No. 88-3
AG Alpha No. LO CH AGAQQ July 12, 1988 |
Mile High Kennel Club's payment of a Commerce City tax
Summary
In rendering this opinion, I am not unmindful of its impact on Commerce City and Mile High Kennel Club. However, a thorough review of the constitutional and legislative history underlying this issue justifies no other legal conclusion.
| FORMAL OPINION of DUANE WOODARD |
No. 88-2
AG Alpha No. RG RA AGAQM March 4, 1988 |