Inquiry of the Week (1/26/98)

Question:

What is the process for requesting an Attorney General Opinion through the Municipal Research Council?

Answer:

City and town officials are not eligible to request a formal opinion directly from the Attorney General's Office since that Office responds to formal requests only from state agencies, members of the legislature and county prosecutors. However, the Municipal Research and Services Center has a contractual relationship with a state agency, the Municipal Research Council, and through that agency may request opinions on legal issues affecting cities and towns.

The basic process for making a request through MRSC is as follows: First, the city must submit a letter to MRSC outlining the issue for which an opinion is requested. (Note that the Attorney General's Office will not respond to a question regarding the constitutionality of an enacted state law, nor will it respond to an issue which is the subject of a pending court case. They also will not respond to an issue which is really a factual dispute.) Once the letter is received, MRSC legal staff review the request to determine if the subject is an appropriate one for an opinion. If the request is determined by MRSC legal staff to meet the legal criteria for an Attorney General Opinion, then MRSC will forward the request to the Municipal Research Council for their review.

Basically, the Council will consider two questions. First, whether this is an issue which primarily affects cities and towns. If it does not, then it is likely that another state agency or state legislator should directly request the opinion instead of the Council. The sEcond consideration is whether the issue is of significant and widespread interest to cities and towns or of limited interest to only a few municipalities. The Office of the Attorney General does not accept many questions for review, but if it is an issue of significant interest to a substantial number of cities and towns, then the Municipal Research Council could request a formal Attorney General Opinion to help guide city officials.

This is not a quick process, and will not yield an immediate answer on an issue. However, if it is an ongoing issue of significant concern, usually involving statutory interpretation, then a formal opinion may be helpful and perhaps eliminate the need or risk of a lawsuit to resolve the issue.