Solicitor General Opinions

Solicitor Gen. Op. 38-13
Date: January 29, 2013
Addressing whether Department of Labor Flex Labor workers are subject to withholding for state unemployment taxes.

Solicitor Gen. Op. 37-13
Date: January 08, 2013
Addressing whether individual Band Assembly members may offer Band members loans and/or grants.

Solicitor Gen. Op. 36-12
Date: December 10, 2012
Addressing whether the Gaming Regulatory Agency may independently acquire legal counsel.

Solicitor Gen. Op. 35-10
Date: April 08, 2010
Addressing whether the Chief Executive can request a commissioner to take a leave of absence while campaigning for elective office.

Solicitor Gen. Op. 34-08
Date: May 27, 2008
Addressing the Band Assembly’s authority to adopt resolutions.

Solicitor Gen. Op. 33-06
Date: February 01, 2006
Addressing whether the Chief Executive may terminate a Deputy Assistant without adhering to the statutory removal process.
Legislative Annulment: February 22, 2006

Solicitor Gen. Op. 32-05
Date: September 26, 2005
Addressing the Chief Executive’s oversight authority of the Corporate Commission.

Solicitor Gen. Op. 31-05
Date: January 06, 2005
Addressing whether the Chief Executive may unilaterally suspend an appointed official without pay.
Legislative Annulment: February 3, 2005

Solicitor Gen. Op. 30-04
Date: December 21, 2004
Addressing the authority of the Commissioner of Administration to discharge the duties of the Commissioner of Corporate Affairs when the position is vacant.
Legislative Annulment: January 13, 2005

Solicitor Gen. Op. 29-04
Date: December 21, 2004
Addressing the Chief Executive’s authority to direct the Band’s investment policy.
Legislative Annulment: January 13, 2005

Solicitor Gen. Op. 28-04
Date: February 11, 2004
Addressing the appointment process of the Director of the Office of Gaming Regulation & Compliance.

Solicitor Gen. Op. 27-03
Date: December 24, 2003
Addressing whether the Band may consent to a contractual arbitration clause limiting the appellate purview of the District Court.

Solicitor Gen. Op. 25-02
Date: April 22, 2002
Addressing the respective authorities of the Band Assembly and Executive Branch in relation to the District Community Centers.

Solicitor Gen. Op. 24-02
Date: March 26, 2002
Addressing the authority of the Commissioner of Administration to make interim commissioner appointments.

Solicitor Gen. Op. 23-00
Date: May 15, 2000
Addressing whether the Band Assembly must annually ratify changes to the Personnel Manual.
Legislative Annulment: May 16, 2000

Solicitor Gen. Op. 22-00
Date: May 15, 2000
Addressing whether the Band Assembly possesses authority to review Executive Branch contracts in excess of $25,000.00.
Legislative Annulment: May 16, 2000

Solicitor Gen. Op. 21-98
Date: August 28, 1998
Addressing the personnel supervisory authority of the Commissioner of Education.
Legislative Annulment: September 23, 1998

Solicitor Gen. Op. 20-98
Date: May 13, 1998
Addressing whether the Administration Policy Board needs to approve the wage increases of legislative personnel.
Legislative Annulment: June 1, 1998

Solicitor Gen. Op. 19-98
Date: January 13, 1998
Addressing the timeframe for a Chief Executive’s veto of a legislative bill.

Solicitor Gen. Op. 18-97
Date: November 21, 1997
Addressing the legislative bill service requirement upon the Office of the Chief Executive.

Solicitor Gen. Op. 17-97
Date: November 03, 1997
Addressing the extent of legislative and/or executive authority over the operation of the Corporate Commission and its board.

Solicitor Gen. Op. 16-95
Date: May 30, 1995
Addressing the interim implications of a newly enacted Judiciary act.

Solicitor Gen. Op. 15-92
Date: December 23, 1992
Addressing the authority of the Secretary-Treasurer to intercede and interrupt work being performed pursuant to a construction contract.
Judicial Annulment: May 24, 1993

Solicitor Gen. Op. 18-85
Date: October 22, 1984
Addressing the merits of an employment dispute in the capacity of statutorily designated mediator, including the permissible breadth of Indian preference.

Solicitor Gen. Op. 17-84
Date: August 31, 1984
Addressing the legality of a proposed governmental Personnel Manual by means of an advisory opinion.

Solicitor Gen. Op. 16-84
Date: August 31, 1984
Addressing a request to retroactively increase the salary of a contract employee, but deferring the issue since not governed by Band law.

Solicitor Gen. Op. 15-84
Date: July 20, 1984
Addressing the appropriateness of the Nay-Ah-Shing School Board entering into a subcontract with surrounding public school districts under the Johnson-O’Malley program.

Solicitor Gen. Op. 14-84
Date: May 18, 1984
Addressing the degree of authority retained over law enforcement officers, particularly Natural Resources Officers, by the Commissioner of Natural Resources.

Solicitor Gen. Op. 13-84
Date: January 09, 1984
Addressing the Secretary-Treasurer’s obligation to administer and preserve designated restricted trust funds, which cannot be expended for payroll purposes.

Solicitor Gen. Op. 12-84
Date: December 09, 1983
Addressing an inability to contractually confer civil regulatory authority to the state absent a referendum vote, and a corresponding inability of the state to make public entitlements and services contingent upon such a contract.

Solicitor Gen. Op. 11-84
Date: November 16, 1983
Addressing the discretion of the Nay-Ah-Shing School Board to determine the occurrence of a teacher’s voluntary resignation due to consecutive days of absence.

Solicitor Gen. Op. 10-84
Date: November 15, 1983
Addressing the legal requirements of a community block grant state contract.

Solicitor Gen. Op. 09-83
Date: September 27, 1983
Addressing constitutional and statutory censure, impeachment, removal and expulsion provisions relating to elected and appointed officials.

Solicitor Gen. Op. 08-83
Date: September 08, 1983
Addressing payroll requirements regarding exempt, salaried employees, and the mandate to work the annual powwow.

Solicitor Gen. Op. 07-83
Date: August 16, 1983
Addressing the Gaming Commission appointment process under the separation of powers form of government, and the Commission’s duties to sanction forms of gaming and to avoid conflicts of interest.

Solicitor Gen. Op. 06-83
Date: July 26, 1983
Addressing the conduct of gaming either approved or facilitated by a defunct Gaming Commission.

Solicitor Gen. Op. 05-83
Date: July 01, 1983
Addressing the degree of fringe and other employment benefits due to part-time employees.

Solicitor Gen. Op. 04-83
Date: June 28, 1983
Addressing the propriety of recent Administrative Policy Board actions at the direction of the Chief Executive.

Solicitor Gen. Op. 03-83
Date: May 18, 1983
Addressing the merits of an employment dispute in the capacity of statutorily designated mediator.