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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

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