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1990 Tennessee Attorney General Reports and Opinions 1 (1990)

handle is hein.sag/sagtn0106 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority o Chapter 276 Public Acts of 1971 December 1990 90-106 CONFLICT OF INTEREST: It is an inherent and unlawful conflict of interest for a county trustee or municipal tax collector or employee thereof to sit on a county board of equalization and to take part in such matters coming before the board; service on a county board of equalization by a county trustee, municipal tax collector or empxoyee of either would violate the oath of impartiality contained in T.C.A. §67-1-402(a). T.C.A. §§67-1-401, -402, §67-5-1402. 90-105 CONSTITUTIONAL LAW, UNITED STATES: Equal Protection Clause: First Amendment Freedoms/Freedom of Speech: The constitutionality of a school board policy allowing certain groups to use public school facilities while prohibiting political parties or recognized political organizations from doing so under the same conditions will rest largely on a factual determination as to whether the facilities in question are determined to be public fora, limited public fora, or non-public fora; Tennessee law would only prohibit the use of school property for political party fundraisers where the local school board already allows admission fees to be charged by private interests using school facilities if these facilities are determined to be public buildings as that term is defined by T.C.A. §2-19-201(2), and if reasonably equal opportunities or access to such buildings could not be provided to all sides or points of view. U.S. Const. Amend. I; Tenn. Const. Art. 1, §19; T.C.A. 5§2-19-201, -202, -206, §49-1-102, §49-2-203, §49-3-311, S§49-6-2001, -2004, -2006. 90-105 COUNTIES: Powers: The constitutionality of a school board policy allowing certain groups to use public school facilities while prohibiting political parties or recognized political organizations from doing so

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