Attorney General opinions are to be followed
To the editor:
At the Cape Coral Council meeting on Nov. 24, Council-member Brandt sought an opinion of the attorney general on the issue between the city administration and the state auditor general on the handling of city funds. I, by this letter do not intend to get into the merits of that issue, but to set out an adequate argument made by the city administration regarding an opinion of the attorney genera that such an opinion is not binding. While it technically is true, it fails to set forth adequately the status of an opinion of the attorney general. An opinion of an attorney general is considered the highest authority on a legal matter in the city short of an appellate court decision on that issue or a circuit court decision with the specific city on the issue. For example, a circuit court decision on the same issue with the city of Fort Myers is also not binding in the city of Cape Coral. Thus to argue against an attorney general’s opinion because is not binding or in law does not constitute stare decisis is not a proper position for a city to take. It is a specious argument for the city to oppose an opinion from the attorney general on the basis that the opinion is not binding.
Arnold E. Kempe
Cape Coral