State AG Opinions
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Were a custodian's FOIA decisions to release written reprimands and promotion-related letters from a former employee's file consistent with Arkansas FOIA?
The release decision was ultimately right, but the classification mistakes had to be corrected, and White-Out redaction was improper. Some records were evaluation records, some personnel records,…
If I want to be a Virginia police officer but I pled guilty or no contest to a disqualifying misdemeanor and then had it dismissed or expunged, am I still barred?
Yes, you are disqualified, but the bar can be waived. The opinion concluded that § 15.2-1705 disqualifies a prospective law enforcement officer from service if the individual has been convicted of,…
When a juvenile is sentenced as an adult under § 16.1-284 to local jail time, does the prisoner get standard good conduct credit?
Partial yes. The opinion concluded that a prisoner charged as a juvenile but sentenced under § 16.1-284 (when the offender was a juvenile at the time of the offense but had turned 18 by sentencing)…
Can a small Virginia town (under 3,500 population) take over maintenance of its own streets that are part of the state highway system and get reimbursed by VDOT?
Yes, with limits. The opinion concluded that § 33.1-42 allows a town with population of 3,500 or less, with the consent of the Commissioner of Highways, to maintain those of its streets that are…
Could Edgefield restore its old 81-mill property tax rate after reducing it to zero?
The AG said Edgefield could not simply restore the old 81-mill rate because the increase from zero exceeded South Carolina's millage cap. The town had to calculate a permitted rate under the statute…
Where do you appeal a Tennessee general sessions court's order of protection: the Court of Appeals or the local circuit/chancery court?
To the circuit or chancery court, not the Court of Appeals. The 2001 amendment to Tenn. Code Ann. § 36-3-601(3)(F) made this explicit: appeals from general sessions orders of protection go to the…
How does West Virginia's Emergency Ambulance Service Act of 1975 actually constrain how a county ambulance authority's board operates: appointments, terms, proxies, officers, billing, and ambulance management?
The AG worked through six questions for Mineral County. Only the county commission can appoint board members (the Act gives no role to squads or hospitals beyond recommending candidates). Members…
Who controls Arkansas county roads, the county judge or the quorum court, and can a court order either of them to act?
The county judge has discretionary executive control over county-road operations, while the quorum court retains a limited planning and funding role. Whether a particular quorum-court ordinance…
Could Oconee County keep late property-tax penalties in its general fund instead of sharing them with the school district?
The AG predicted that the county could retain late-payment penalties for its general fund unless a statute directed otherwise. The treasurer had to disburse collected money according to lawful…
Can a West Virginia county commission accept funds from a private oil-and-gas industry group to digitize and put online the county's property and mineral records, with the records remaining freely available to the public?
The AG found no apparent violation in the proposed Lewis County arrangement: an unsolicited donation for public records digitization, equal public access, county supervision, and a vendor chosen by…
Can Arkansas poll workers using electronic poll books take voter ID steps out of the order in A.C.A. § 7-5-305?
Yes. The statute lists steps that must occur before voting but doesn't dictate their order. The State Board of Election Commissioners has interpreted the statute that way in its training materials,…
Can the Tennessee Commissioner of Education waive the rule requiring TCAP test scores to count as 15 to 25 percent of students' final grades?
Yes. The Commissioner has waiver authority under § 49-1-201(d)(1), and § 49-1-617's TCAP-in-final-grade rule is not 'federal and state student assessment and accountability' under the (d)(1)(J)…
If a Texas city has a zero property tax rate, can voters still force a rollback election?
The AG concluded yes on both counts. Under section 26.07 of the Tax Code, a city whose rollback rate is zero (because it stopped levying property taxes) that then adopts any rate above zero triggers…
Can a Texas county juvenile board adopt a personnel manual for its probation department?
The AG concluded yes. Even though a special statute exempts the Rockwall County Juvenile Board from some of the general policy provisions that apply to other county juvenile boards, that exemption…
Could a South Carolina seller record a one-sided cancellation of a land contract after the buyer defaulted?
The AG found no South Carolina statute authorizing the register of deeds to set its own cancellation-recording rules or allowing a seller's unilateral filing to settle the buyer's rights. It…
If Tennessee swept regulatory board fees into the general fund, would those fees become taxes that require new legislation?
No, not for relatively small transfers. The fees still serve a regulatory purpose. The General Assembly can sweep them into the general fund via § 4-3-1016's notwithstanding clause without…
Is the portion of Tennessee's $350 expungement filing fee that goes to the state general fund actually a tax?
No. Even though $145 of the $350 fee goes to the general fund, the statute earmarks it 'to implement this subsection.' Tennessee spent far more on criminal justice than the fee generates, so the…
Could Pickens County condition election-board funding on giving the council control over board operations?
The AG said the county council could not use a funding agreement to take operational control of the voter registration and elections board. It also said council could not withhold legally required…
Did a South Carolina mandatory reporter have to report an adult's disclosure of childhood abuse?
The AG predicted no duty under the child-abuse reporting statute for a mentally competent adult's disclosure of past abuse, provided no child was or might be at risk and no other law required a…
Under Arkansas's Public School Choice Act of 2013, does a district that previously declared exemption automatically remain exempt if it fails to give annual notice?
The statute required notice but did not say what happens if a previously exempt district gives neither notice. The AG said participation is barred regardless of notice only to the extent it would…
When a Virginia electoral board seat opens up mid-term, does the recommendation go to the political party of the new Governor or the prior Governor?
The new Governor's party. The opinion concluded that an appointment to fill the unexpired term of a Virginia local electoral board member must reflect political party representation based on the…
If a Virginia school board member is already in office when her spouse is elected to the board of supervisors, does the anti-nepotism statute force her to resign?
No. The opinion concluded that § 22.1-30 applies to school board appointments made by a school board selection commission (not just those made by the local governing body), but the prohibition only…
When my manufacturer buys used equipment at a bankruptcy sale, do I report 'original cost' for Virginia machinery and tools tax based on what I paid, or what the original owner paid?
The original purchaser's cost, not what the current owner paid. The opinion concluded that 'original cost' as used in § 58.1-3503(A)(17) and 'original total capitalized cost' as used in §…
Can a Tennessee city buy water from, or join, a water commission organized in another state?
Yes to both. Tennessee's Interlocal Cooperation Act authorizes a city to contract with another state's political subdivision for water services, and (assuming the other state allows it) to become a…
Can Tennessee courts qualify jurors and assign jury-service dates online?
Yes. Title 22's summons statutes expressly allow an 'alternative' method by which jurors may respond, which covers an online portal for qualification and scheduling.
How does a $55,000 deposit with the county judge work for vehicle financial responsibility in Texas?
The AG answered several questions about using a cash deposit, instead of auto insurance, to meet Texas's vehicle financial-responsibility law. A separate deposit of at least $55,000 must be made…
Can an Arkansas A&P Commission member whose term has expired but who keeps serving still vote on appointments, including their own reappointment?
A holdover A&P Commission member is a de facto officer whose votes are valid. The member can vote to fill another commissioner's seat and to reappoint a fellow holdover, but should recuse from…
Is the fireworks-sales exception for small municipalities in Tennessee's largest counties limited to specific businesses or available to anyone in those cities?
Not limited. The exception in Tenn. Code Ann. § 68-104-112(a)(4) applies to any seller in a qualifying municipality (population 600-620 per the 1980 census, in counties over 335,000 per 2010 census,…
Can a property owner in an Arkansas suburban improvement district pay the full assessment in a lump sum, or must they pay over time in annual installments?
The general SID statute does not universally forbid prepayment, and a related provision explicitly contemplates prepayments. Whether prepayment is allowed in a specific district can depend on the…
Does an Arkansas public employee have to try voluntary mediation before suing under the Whistleblower Act, and can civil-service rules block a whistleblower lawsuit?
No to both. Voluntary mediation under the WBA is opt-in, not a prerequisite to filing suit. And a civil-service rule that bars an administrative appeal of a particular adverse action does not block…
Can a private vendor use a non-disclosure clause to keep its contract terms and pricing secret from public records requests in Florida?
The AG did not decide whether a vendor's nondisclosure clause protects contract terms or pricing. It declined to comment on other public entities' actions without their request and offered general…
Can Tennessee physical therapists perform trigger-point dry needling under their existing license?
No. Dry needling involves inserting filiform needles for therapeutic purposes, which the AG concluded was too close to acupuncture (a branch of medicine) to fit within Tennessee's physical-therapy…
Did the Arkansas AG approve the ballot title for David Dinwiddie's 2014 proposal to create a blanket primary system?
No. The AG rejected the proposal entirely because a partisan blanket primary violates the First Amendment associational rights of political parties under California Democratic Party v. Jones (2000).…
Can a Florida city guarantee a private company's loan as an economic development incentive?
The AG advised that section 166.021(8) assigns a public purpose to spending public funds to attract and keep businesses, and its definition of 'economic development incentives' includes loan…
Does every private contractor that signs a contract with a Florida public agency have to follow the Public Records Law?
No, not automatically. The AG concluded that section 119.0701's public-records requirements apply only to contractors who both contract with a public agency and are 'acting on behalf of' that…
Can a Florida sheriff use contraband forfeiture funds to pay for a private-security crime-prevention pilot program?
Yes. The AG concluded that special law enforcement trust fund money under the Florida Contraband Forfeiture Act can pay for a time-limited pilot program using private security personnel to patrol…
Can a Florida town make a code violator pay the fees it pays its special magistrate as 'costs'?
No. The AG concluded that section 162.07(2), which lets a city recover the 'costs' of prosecuting a code violator, does not cover the compensation a town pays its special magistrate or the…
Did the Charleston County Aviation Authority have to pay local building-permit fees?
The AG predicted that the authority, as a special purpose district, was generally exempt from taxes but still subject to building-permit fees and construction rules in the local jurisdiction unless…
Is it constitutional for Tennessee to require liquor-by-the-drink bars and restaurants to pay wholesalers on delivery while letting package stores keep their 10-day credit?
Yes. SB2415 imposed payment-on-delivery on liquor-by-the-drink licensees and wine-selling grocery stores while letting package stores continue using 10-day credit. Because alcohol is not a…
Are Texas schools allowed to use Common Core to teach state standards?
The AG concluded that Texas school districts may not use the Common Core State Standards to satisfy their legal duty to teach the state's required curriculum. A 2013 law (House Bill 462) added…
Can a Texas Type B economic development corporation pay for a city's comprehensive plan?
The AG did not give a yes-or-no answer, because whether a specific expense is an authorized project is a fact question the corporation's own board must decide, not the Attorney General. Speaking…
Does a public body violate Delaware's open meetings law if the hearing room turns out to be too small for everyone who shows up?
Not necessarily, according to the AG. Delaware's FOIA requires a public body to pick a reasonably sized venue when it knows a meeting will draw a crowd, but it does not require the body to guarantee…
Could La Grange require every visiting lawyer to buy a city business license?
The Kentucky AG concluded in 2014 that La Grange could license resident lawyers and those practicing there regularly and continuously. It could not impose the license on lawyers whose city contacts…
Could James Island use local-option sales-tax credit funds to reduce county taxes and pay for district services?
The AG predicted the town could arrange to use its property-tax credit funds to reduce county property taxes owed by town residents and use excess funds for public services from a special purpose…
Could the cities of Springdale and Johnson, Arkansas enter an interlocal agreement to jointly design and do environmental work for a 56th Street widening project?
Yes. The AG approved the interlocal agreement. It met all of the Interlocal Cooperation Act's required elements, designated the Mayor of Springdale as administrator (dispensing with the need for a…
Could a full-time Louisiana State Parks officer also serve as an elected constable?
No. The AG classified the State Parks role as full-time state employment and the constable role as local elective office. It said Louisiana's dual-officeholding law barred holding both at once.
Could a full-time district attorney employee serve as a part-time deputy clerk in two parishes?
Yes, under the dual-officeholding law examined. The AG said the full-time district attorney staff job could coexist with two part-time deputy clerk appointments limited to subpoenas. It raised…
When a Connecticut municipality refinances its pension deficit funding bonds, do all the contribution and 'deemed appropriated' rules in § 7-374c(c)(3) carry over, and can refunding proceeds also pay off other municipal debt?
Probably yes, with caveats. The AG concluded the better reading of § 7-374c was that the 'deemed appropriated' provision applied to refunding bonds, even though the statutory text only literally…
I just moved to Tennessee. How long can I keep using my old state's concealed-carry permit?
Six months. A new Tennessee resident with an out-of-state handgun permit may rely on it for six months after establishing Tennessee residency. After that, the resident must have a Tennessee handgun…
Does Florida law spell out exactly how a tax collector must run a tax certificate sale?
The AG declined to issue a formal opinion because the question was tied up in pending litigation, but offered informal guidance pointing to its 2004 opinion. Section 197.432 authorizes tax…
Can an Arkansas rural fire protection district board raise the assessment caps written into the original petition, or charge different flat fees by commercial property type, without a new election?
The AG predicted a court would treat Act 35 assessments as fees, not taxes. The board could not exceed caps in the founding petition without voter approval. This district, formed in 1982, could not…
Could a Colleton County school trustee continue serving after also becoming a deputy sheriff?
The AG said dual office holding vacated the first office by law, but only a court could remove the trustee. Without court action, the trustee could keep serving as a de facto officer until a…
Could South Carolina make highway median tree removal depend on approval from a regional council of governments?
The AG concluded that the 2013-14 budget proviso giving the regional council a veto over transportation spending for that work was invalid. It also said a shared-decision reading exceeded the…
Did the Heritage Act protect the Confederate battle flag displayed in The Citadel's Summerall Chapel?
The AG concluded in 2014 that the flag was a protected memorial on state property under the Heritage Act and could not be moved or relocated. The opinion applied the statute as it then stood to the…
Can MEMS (Metropolitan Emergency Medical Services) release the names, job titles, departments, and salaries of all employees under Arkansas FOIA, even when 33 employees object?
Yes. MEMS is subject to Arkansas FOIA. Name, job title, department, and salary are personnel records that must be released unless disclosure would be a 'clearly unwarranted invasion of personal…
Is it legal in Florida to record a police officer during a traffic stop on your cell phone?
The AG declined to issue a formal opinion because the matter was in litigation, but gave informal comments. Florida's wiretap law (Chapter 934) protects 'oral communications' where a person has a…
Can Texas revoke a company's bingo license because an officer or director has a criminal record?
Not by itself. The AG concluded that Chapter 53 of the Occupations Code does not let the Lottery Commission deny or revoke a corporate entity's bingo-related license based only on a criminal…
How much of California's 2013 industrial hemp law became operative under the federal Agricultural Act of 2014?
Only the research provisions authorized by federal law became operative on February 7, 2014. Qualifying higher-education institutions and the California Department of Food and Agriculture could…
Did the Arkansas AG approve the popular name and ballot title for Robert Reed's 2014 Arkansas Hemp and Cannabis Amendment initiative?
The AG approved the popular name 'The Arkansas Hemp and Cannabis Amendment' as submitted but substituted his own ballot title. The substitute clarifies the hemp/cannabis distinction, separates…
Can a Texas school district keep employees hired under the small-county nepotism exception after the county grows past 35,000?
Yes. The AG concluded that the nepotism rule in Government Code section 573.041 bars only the appointment of a relative, not the ongoing employment of someone already lawfully hired. So when a…
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