PoliticsPress Release

Attorney General: Summary of Opinions Released

Opinion Number: 2021-016 Requestor:   Caldwell, Ronald The Honorable

Can the Jackson County Community and Economic Development Agency (JCCEDA), in following its official plan, elect to dissolve without concurrence of the quorum court, thereby dissolving and repaying the original investors and sharing the excess pro rata?  Is the resolution adopted by JCCEDA sufficient without any further action by the quorum court?  Q2) Does the quorum court have standing to reject the JCCEDA board’s plan of dissolution and make its own plan for dissolution?  Q3) Is it necessary for the quorum court to approve or reject the decision of the JCCEDA board?  Q4) Assuming the JCCEDA board and the quorum court are at odds, what is the method for determining the proper method for dissolving the revolving loan fund of JCCEDA?  RESPONSE: I read your first question as inquiring whether the JCCEDA may dissolve itself. It may not. The Agency’s dissolution, like its creation, would have to be accomplished by county ordinance. Consequently, the answer to your second question is “yes.” The answer to your third question is “yes” with respect to the dissolution of the agency, but “no” as to the disposal of the revolving loan fund’s excess money. In response to your fourth question, the JCCEDA has the authority to dispose of the surplus in accordance with the terms of its Official Plan.

Opinion Number: 2021-059 Requestor:   McGrew, Richard The Honorable

Representative McGrew asks a number of questions regarding the authority to carry a handgun in a courtroom, courthouse, county administrative office, and county-owned building, as well as a question regarding the proper interpretation of Act 1024 of 2021.  RESPONSE:  I must respectfully decline to issue an opinion on these questions because of pending litigation, the outcome of which could directly affect the issues these questions raise.  It is the long-standing policy of the Attorney General’s office, as a member of the executive branch, to decline to issue opinions on matters that are pending before the courts for resolution.

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