Legal Team Responds To 2006 Attorney General Opinion on Contractor Parity

Read the full Memo by our lawyer Jeffrey Fogel (PDF)

This is what he concludes. The legal research is surprisingly easy to follow even for non-lawyers, so I suggest reading the full memo. Fogel argues that the University is not bound by Bob McDonnell’s 2006 opinion, are no different than municipalities with unchallenged Living Wage laws, the University already legally sets the minimum hiring rate, and requiring contractors to pay a Living Wage would not violate the Procurement Act.

1. Do the legal opinions of the attorney general of Virginia bind public bodies and state courts?

No.

2. Are public universities legally distinct from the Virginia municipalities that have enacted living wage ordinances that remain unchallenged by the attorney general?

No.

3. Under the Dillon Rule of strict interpretation, has the General Assembly granted the University the authority to set a floor for contractor wages that is above the state and federal minimum wage?

Yes.

4. If University has been granted such power, would setting such a floor be a violation of the Virginia Public Procurement Act?

No.

Read the full Memo by our lawyer Jeffrey Fogel (PDF)

One Response to Legal Team Responds To 2006 Attorney General Opinion on Contractor Parity

  1. Sathya says:

    I don’t think so that this memo is sufficient for the procurement act.

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