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AGO Opinions with Topic: COUNTY COMMISSIONER
AGO 2012 No. 4 >  May 15, 2012
COUNTIES - COUNTY COMMISSIONER - CONTRACT - LEGISLATIVE AUTHORITY
Power Of County Legislative Authority To Enter Into Contract That Binds The County Legislative Authority In The Future

A county legislative authority is generally prohibited from entering into contracts that bind the future legislative actions of the county.  The application of this principle depends upon a distinction between actions that are legislative in nature and those that are merely administrative or proprietary.

AGO 2014 No. 1 >  January 13, 2014
VACANCY - CONSTITUTION - COUNTIES - ATTORNEY, PROSECUTING - COUNTY COMMISSIONER - POLITICAL PARTIES
Process For Appointing A New County Prosecuting Attorney To Fill A Vacancy

 

  1. If the county commission appoints a person to fill a vacancy in the office of county prosecuting attorney within 60 days of the vacancy occuring, but the appointee declines to accept the position, the authority to fill the vacancy does not transfer to the governor 60 days after the initial vacancy arose.
  2. If an individual appointed by a county commission to fill a vacancy in the office of county prosecuting attorney declines to accept the position, the county commission may request that the relevant political party provide a new list of three nominees.
  3. The county commission lacks the authority to appoint a person who has not been nominated by the relevant political party to fill a vacancy in the office of county prosecuting attorney.
  4. If the county commission appoints an individual who has not been nominated by the relevant political party to fill a vacancy in the office of county prosecuting attorney, that individual lacks the legal authority to act as prosecuting attorney.
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