Tennessee Attorney General Reports and Opinions V. 1990

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1990 Tennessee Attorney General Reports and Opinions 1 (1990)

handle is hein.sag/sagtn0101 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE
Published by Authority of Chapter 276
Public Acts of 1971
July 1990
90-73 CONFLICT OF INTEREST: Legislators: A member of the
General Assembly serving as a lobbyist for a municipal
government or any other group regarding state
legislative or administrative matters would not
constitute a violation of the conflict of interest
statute, but would appear to be a common law conflict
of interest; serving in these dual capacities could
also be a violation of state laws regulating lobbyists
as well as the House and Senate ethics codes; the
gravity of the conflict created is evident in that the
essential terms of this dual role raise questions as
to the applicability of state ctiminal laws dealing
with official misconduct. Tenn. Const. Art. X, 52;
T.C.A. S§3-6-101 et seg., -102, -104, -106, -108,
512-4-101, §§39-16-102, -402; Op. Tenn. Atty. Gen.
85-36 (February 14, 1985).
90-72 CONSTITUTIONAL LAW, TENNESSEE: Executive
Branch-Powers: The Tennessee Constitution, in
conjunction with applicable statutes, provides the
legal authority for the Governor to impose a
moratorium on the issuance of permits for medical
waste incinerators or solid waste processing
facilities. Tenn. Const. Art. III, S1; T.C.A.
SS68-25-102, -106, S§68-31-101 et seg., -102, -106,
568-31-601 et sg., -602, -603; Op. Tenn. Atty. Gen.
88-69 (March 25, 1989).
90-70 CONSTITUTIONAL LAW, UNITED STATES: Searches and
Seizures: Substance abuse testing of certain job
applicants for government employment would violate the
fourth amendment prohibition against unreasonable
searches and seizures unless the job involves public
safety; although there is no law against asking
pre-employment questions regarding medical history,
disqualifying an applicant because of a condition that
qualifies as a handicap may constitute unlawful
discrimination; it is not advisable for an employer to