2008 Opinions, Guidelines and
Certificates of Review

Table of Citations

Counties
Opinion 08-1 - Legislature has authorized both counties and state to regulate confined animal feeding operations (CAFOs) with overlapping authority; although counties have authority to regulate siting of dairy and beef cattle CAFOs, county ordinances that seek to impose operational constraints on ongoing operation of CAFO after it is sited are likely preempted by state law.

Guideline 1/7/2008 - County commissioners may not establish herd district absent receipt of petition from majority of owners of taxable real property within boundaries of proposed district.

Guideline 1/7/2008 - County probably cannot “assign liability” via passage of ordinance but may enact ordinance regulating movement of livestock within county, and that ordinance’s existence may lead to application of negligence per se doctrine in a negligence action.

Guideline 1/7/2008 - If outer boundary of herd district is already fenced, district need not place additional fences in already-fenced areas.

Education
Guideline 10/9/2008 - The educational support program funding provision contained in Idaho Code § 33-1003(1) pertaining to decreases in average daily attendance does not apply to public charter schools.

Idaho State Police
Guideline 7/2/2008 - Positions of POST Academy Training Coordinator II and III and Executive Director are not equivalent to positions of Idaho State Police Sergeant, Lieutenant and Major.

Guideline 7/2/2008 - POST Academy Training Coordinator II and III and Executive Director are not required to be commissioned; incumbents may, but are not required to, maintain current POST certification as condition of employment.

Guideline 7/2/2008 - Decision to commission or decommission positions of POST Academy Training Coordinators II and III and Executive Director is within discretion of Idaho State Police Director

Law Enforcement
Opinion 08-2 - Idaho municipal corporations cannot enter into joint powers agreement to exercise municipality’s police power with any entity other than State of Idaho or its political subdivisions

Opinion 08-2 - Employees of BYU-Idaho that were previously certified by POST Council as members of the University Division of the Rexburg Police Department qualify as de facto officers

Opinion 08-2 - POST Council can only certify peace officers who are employees of police or law enforcement agencies which are part of or administered by the State of Idaho or its political subdivisions

Legal Tender
Certificate 10/24/2008 - Initiative Regarding Legal Tender in Payment of Debts

Power Plants
Certificate 1/29/2008 - Initiative Relating to Coal and Nuclear Power Plants in Idaho

Open Meetings Act
Opinion 08-3 - Executive session exceptions in the Open Meetings Act should be interpreted narrowly in order to fulfill the broad public purpose of allowing citizens to observe their governments at work

Opinion 08-3 - Corrective action should be taken immediately upon recognition that an executive session has “drifted” from its stated purpose and governing bodies should implement an oversight mechanism to assist in preventing and recognizing “drift”

Topical Index:
A | B | C | D | E
F | G | H | I | J | K
L | M | N | O | P
Q | R | S | T | U
V | W | X | Y | Z

Year:
2014
2013
2012
2011
2010
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994
1993
1992
1991
1990
1989
1988
1987
1986
1985
1984
1983
1982
1981
1980
1979
1978
1977
1976
1975