State AG Opinions
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When a Tennessee officer is handed an out-of-state protective order requiring child custody transfer or firearm removal, does the officer have to take it to a local judge first?
No for firearm removal: an out-of-state order is enforced as written, no local ratification required. For child custody, the order may be registered under the UCCJEA but enforcement runs through a…
Does leaking what was said in a closed shade meeting violate Florida's Sunshine Law?
The AG said a council member's public disclosure of matters from a closed attorney-client meeting did not appear to violate section 286.011(3), which addresses violations of open-meeting…
Can a Florida property appraiser correct an assessment amount at any time?
The letter did not decide whether an appraiser may change an assessment without an error. It said section 197.122 allows correction of an act of omission or commission at any time without affecting…
Could a South Carolina conservation district use a land-use ordinance to stop trespassers damaging watershed structures?
The Attorney General questioned using a land-use ordinance for trespass protection because those ordinances addressed soil and water conservation through landowner regulation. In 2014 it identified…
Can an Arkansas sheriff's office release a deputy's suspension letter to a third-party FOIA requester even though the deputy was not involved in any of the matters the requester was investigating?
Yes. The suspension letter is an employee-evaluation record showing a violation of rules designed to avoid undermining public trust. As a law enforcement officer's discipline record meeting the…
Can the University of Idaho buy its own risk or property insurance instead of going through the state's Department of Administration?
Only if the premiums come from non-state funds. Idaho's Tort Claims Act and risk management statutes give the Department of Administration exclusive authority over liability and property insurance…
Do Washington police officers need a citizen's consent before recording with a body camera, and what happens to those recordings under public records law?
The AG concluded that the Washington Privacy Act does not require all-party consent to record on-duty officer interactions with the public, because such conversations are not 'private' under the…
Does Arkansas's 2014 lobbyist gift ban (Issue 3) prohibit a chamber of commerce from hosting a legislative reception that is open to all legislators?
No. Issue 3 defines 'gift' to exclude food or drink available at a planned activity to which a specific governmental body is invited. A reception open to the entire General Assembly meets the…
Can a Florida school district hire armed private security guards?
Likely yes, at the district's discretion. The AG advised that section 790.115 generally bans firearms on school grounds but allows them in support of an approved school-sanctioned activity, a term…
Can a Virginia locality require an archaeological survey before I develop property in a historic district?
Yes, with limits. The opinion concluded that Va. Code § 15.2-2306 allows a Virginia locality, as a condition of developing property in a designated area of known historical or archaeological…
If a magistrate issues an emergency protective order giving someone possession of a pet, can the JDR court enforce it by contempt if the other party takes the animal anyway?
Yes. The opinion concluded that a Virginia juvenile and domestic relations district court may use its inherent contempt powers, specifically indirect contempt initiated by a show cause summons, to…
When can a Virginia clerk waive estate filing requirements for a small estate, and what counts as enough proof?
The opinion concluded that under Va. Code § 64.2-1302, only a creditor seeking qualification as personal representative needs to have a claim exceeding the value of the estate in order to qualify…
Can a Virginia city use its zoning ordinance to ban advertising signs on bicycles or bike trailers ridden on public streets?
No, not through zoning. The opinion concluded that the City of Virginia Beach does not have zoning authority to prohibit or regulate advertising signs on bicycles or bicycle trailers ridden on…
Are the meetings and records of a committee or subcommittee created by an Arkansas state board open to the public under the FOIA?
Records of committees and subcommittees of public bodies are subject to the FOIA across the board. Meetings depend on the committee's makeup and whether it has decision-making authority. Complete…
Can the Connecticut Department of Administrative Services (DAS) sign service contracts for state agencies under its own Chapter 58 procurement authority, or does it have to use the personal-service-agreement procedures in Chapter 55a?
Yes, DAS can use Chapter 58. The AG concluded that DAS's contracting authority under Title 4a, Chapter 58 reaches all types of services because § 4a-50(3) defines 'contractual services' broadly with…
Could a Maryland town council change a comprehensive plan after its planning commission approved it?
The Attorney General concluded that a local legislative body could adopt or reject the planning commission's comprehensive plan, but could not adopt even minor substantive changes without first…
Could a South Carolina Education Oversight Committee member also serve on the Pickens County School Board?
The Attorney General concluded in 2014 that simultaneous service in those two positions would violate South Carolina’s dual office holding ban. It viewed both as public offices and said taking the…
Could Oconee County promise to defend and indemnify employees under its proposed 2014 ordinance?
The Attorney General said in 2014 that the proposal’s limits to acts within employment and exclusions for fraud, malice, intentional harm, and moral turpitude were relevant, but it flagged missing…
Could Simpsonville City Council undo a police chief appointment, create a deputy chief office, and reinstate a former chief?
The Attorney General concluded in 2014 that a council-form city could rescind prior personnel votes if its parliamentary rules allowed reconsideration, and could create a deputy chief office under…
When someone applies for a job with an Arkansas public employer, are their interview scores released to other applicants under the FOIA?
It depends on whether the applicant was successful and whether they were already a public employee. Successful applicants: name and scores released. Unsuccessful applicants who are already public…
Did on-call maintenance workers at a South Carolina state school earn comp time for every weekend hour at home?
The Attorney General said in 2014 that the answer depended on facts, including restrictions on the workers’ personal time, response time, and any employment agreement. It could not decide whether…
Under the Arkansas FOIA, must a city release internal complaint records to an employee who is the subject of a harassment complaint while the investigation is still ongoing?
For the records reviewed, yes, with one redaction. The AG said the employee’s access did not depend on whether the complaint documents were employee-evaluation records; the subject would ordinarily…
Did Kentucky’s pre-1956 overweight truck permits qualify for the federal highway weight-limit exception?
The Kentucky AG concluded in 2014 that pre-1956 state law allowed special permits for overweight loads, giving Kentucky a basis to continue that practice under the federal grandfather provision. A…
Can two Washington county commissions hold a joint meeting in person across the county line, or do they have to use video conferencing?
The AG concluded that county commissioners cannot transact county business at a meeting held outside their own county unless a specific statutory exception applies. They can, however, hold a joint…
Is a Florida water management district a public entity of the state?
Yes. The AG confirmed that the South Florida Water Management District, created by the Legislature under section 373.069(1)(e), is a political subdivision and public entity of Florida under section…
When can a Florida subdivision common element avoid separate property taxes?
Only when it is a true common element. The AG advised that under section 193.0235, a subdivision parcel escapes separate ad valorem taxation only if it was not sold into private ownership, is…
Could Pinecrest use Florida's biennial 5% business tax increase or section 205.043(1)(b) to raise its rates?
No. Based on the facts supplied, the AG said Pinecrest had not satisfied section 205.0535's conditions for a biennial increase of up to 5%, could not rely on a neighboring government's compliance,…
Can a Florida public hospital keep its sale-or-lease evaluation secret as a strategic plan?
No. The AG advised that the evaluation a public hospital board must perform under section 155.40(5) before selling or leasing the hospital is not a 'strategic plan' under section 395.3035. The board…
Can a Florida city use zoning to ban or limit vacation rentals?
No. The AG read section 509.032(7)(b) to let a city regulate vacation rentals but bar any ordinance that prohibits them or limits how long or how often a home is rented, so zoning could not be used…
When a Virginia constitutional officer dies or resigns and the highest-ranking deputy takes over until a special election, does the deputy have to live in the locality?
No. The opinion concluded that when the powers of a vacant Virginia constitutional office are assumed by the highest-ranking deputy under § 24.2-228.1(B), the deputy need not be a resident of the…
Can the Texas psychology board destroy a psychologist's patient records that a court placed in its custody?
The AG concluded that the boxes of a psychologist's patient records a court placed in the custody of the State Board of Examiners of Psychologists are likely not 'state records' under chapter 441 of…
Can someone with a moral-turpitude misdemeanor become a bail bond surety again after judicial clemency in Texas?
The AG concluded that a person disqualified from acting as a bail bond surety because of a misdemeanor involving moral turpitude can likely act as a surety again if a judge granted 'judicial…
Is a video recording of a Florida school board meeting a public record?
Likely yes. The AG advised that a video of a school board meeting, made at a board member's direction and intended to perpetuate the discussion, appears to be a public record under Chapter 119,…
Can a Texas agency photocopy and keep a police officer's ID when the officer asks to keep their info private?
The AG concluded that section 552.1175 of the Government Code neither requires nor forbids a governmental entity from photocopying the credentials a law enforcement official submits to verify status…
Can a Texas county juvenile board hire its own full-time in-house attorney instead of relying on the district attorney?
The AG concluded that the Dallas County Juvenile Board could hire an attorney as a full-time, in-house employee to provide legal services to the board and its juvenile department, so long as the…
Did membership on South Carolina’s Real Estate Commission count as a public office under the dual office holding rule?
The Attorney General concluded in 2014 that commission membership was a public office because members had fixed terms and oaths, and the commission exercised state regulatory power over real estate…
If an Arkansas DWI offender already paid the statutory fee for an alcohol treatment program, can the state make them pay it again for an alcohol education program?
No. A person ordered to a treatment program who paid the A.C.A. § 5-65-115 fee for that program cannot be required to pay the same fee a second time for an education program. The Office of Driver…
Could a Livingston Parish recreation commissioner also serve as a town alderman?
No, on the facts presented. Although the commissioner role was part-time, the AG said the district's transfer of funds to the town made the two offices incompatible under the dual-officeholding law.
Could the South Carolina Coroners Association report coroners who missed annual training to the Governor, including nonmembers?
The Attorney General said in 2014 that the law did not clearly assign anyone responsibility for certifying coroners’ training compliance or reporting noncompliance to the Governor. The association…
Can Arlington County put the proposed Columbia Pike streetcar on the ballot as a non-binding advisory referendum?
No. The opinion concluded that Arlington County does not have authority to conduct an advisory referendum regarding the proposed 7.4-mile streetcar system (Columbia Pike and Crystal City segments).…
Can Florida tourist development tax money pay for boat ramps and parks?
Generally not for boat ramps. The AG advised that under section 125.0104(5)(a)5., tourist development tax revenue for inland lakes and rivers must relate to the physical preservation of the water…
Can an Arkansas city pay its outside contract attorney for time spent answering FOIA requests, or does the FOIA forbid it?
The FOIA does not govern what a city pays its outside counsel for FOIA work, as long as those fees are not passed on to the requester. The act regulates what custodians may charge requesters, not…
Does an Arkansas law requiring consolidated school districts to donate or lease unused buildings to charter schools and other entities apply to districts consolidated before 2013?
No. A.C.A. § 6-21-108(b)(3), enacted in 2013, does not apply retroactively to school districts whose consolidation and two-year vacancy window both predated the statute's effective date. The statute…
Could texts or emails found on a spouse’s phone or shared computer be used in a South Carolina family court case?
The Attorney General declined in 2014 to decide the hypothetical cases. It explained that privacy claims depended on how the messages were accessed and any authorization, while admissibility still…
What did the Arkansas AG do with the Arkansas Hemp and Marijuana Amendment ballot title in 2014?
The AG certified the popular name as submitted and substituted a more suitable ballot title. The substituted title kept the proposal's substance while warning voters that the activities remain…
Did the Connecticut $3,000 property tax exemption for disabled veterans (§ 12-81(20)) require the veteran to have served during wartime, the way the parallel exemption in § 12-81(19) does?
No. The AG concluded that § 12-81(20) imposes no wartime-service requirement. The text says only that the applicant must have 'served, or is serving' in the armed forces and meet a disability rating…
Do National Guard firefighters who are classified as state employees have the right to collectively bargain under Delaware law, or only federal law?
Both, according to this opinion. The AG concluded that Delaware National Guard firefighters classified as state employees could use Delaware's Police Officers' and Firefighters' Employment Relations…
Can a Virginia city refuse a building permit until the landowner dedicates land for street widening and rebuilds the drainage ditch?
Only when the need is generated by the proposed development. The opinion concluded that a Virginia local governing body may require dedication of land for street widening and construction of…
Is a pharmacy a 'health care entity' under Tennessee's physician self-referral law, so that a doctor with an ownership stake in a pharmacy generally cannot send prescriptions there?
Yes. A pharmacy is a health care entity under Tenn. Code Ann. § 63-6-601, so a physician with an investment interest in a pharmacy generally cannot refer patients to that pharmacy unless one of the…
Could a Kentucky school board member also serve as a public library trustee?
The Kentucky AG concluded in 2014 that a school board member could also serve on a library board created directly by local government, but not as a trustee of a taxing public library district.…
Could Kentucky’s horse racing commission enforce a medication protocol before adopting it as an administrative regulation?
The Kentucky AG concluded in 2014 that the racing commission had to adopt generally applicable rules affecting licensees through the procedures of KRS Chapter 13A. It could not enforce the proposed…
After a California court struck down that state's teacher-tenure law in Vergara v. State, were Tennessee's teacher-tenure and dismissal statutes also unconstitutional?
No. The AG concluded the Tennessee statutes differed in material ways from the California ones at issue in Vergara. Tennessee has a five-year tenure probation (vs. two), a faster and cheaper…
Do Tennessee's health-related licensing boards have to follow the state Central Procurement Office's rules when they hand out impaired-professional peer-assistance grants?
Yes. Health-related regulatory boards are not exempt from Title 12 procurement rules or the Central Procurement Office rules, and those rules apply to peer-assistance grant contracts authorized by §…
Can I legally drive my four-wheeler on a Tennessee state highway?
Only if it qualifies and is registered as a medium-speed vehicle, the operator has a valid Class D license, and the state highway is posted at 40 mph or less. The opinion gives the four-wheel and…
Can members of a Tennessee county commission form a Democratic or Republican caucus, and do those caucus meetings have to be open to the public?
Yes, county commissioners can establish partisan caucuses. But if the caucus deliberates on actual county business that the commission has authority to decide, the meeting is a 'meeting' under…
Can an Arkansas county sheriff's department withhold a 13-year-old letter of reprimand and suspension issued to a deputy just because the underlying incident never became publicly controversial?
No, in the AG's view. Age and lack of public controversy alone are not enough to defeat the compelling-public-interest test for releasing a law enforcement officer's disciplinary record, especially…
Are unmarked police cars exempt from tolls in Florida?
No, not by statute. The AG noted that section 338.155 exempts only marked law enforcement vehicles on official business from paying tolls, so unmarked police cars are not covered. The office…
Under Arkansas FOIA, can a school district withhold documents that formed the basis for firing a teacher who worked daily with students?
The AG had not seen the records and could not decide whether they were personnel records or employee-evaluation records, or whether they had to be disclosed. He said a compelling public interest…
Can a Tennessee hospital open an off-campus outpatient facility (including a 24/7 ER) without a certificate of need?
Sometimes. Hospitals could provide outpatient diagnostic and therapeutic services off campus, including 24/7 emergency-style care, under § 68-11-209(f) without a separate license, but a…
After Tennessee's 2014 expansion of the sex-offender 1,000-foot rule, do colleges and universities have to fire a registered offender hired before July 1, 2014?
No. Section 40-39-211(a)(2) regulates the offender's conduct (accepting new residence or new employment), not the employer's. A person already employed before the law took effect is not 'accepting…
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