State AG Opinions
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Which Tennessee agency has authority to authorize off-highway vehicle (OHV) use in state forests, and can it do so by emergency rule?
The AG concluded that the Department of Agriculture's Division of Forestry must give approval for OHV access in state forests, that the approval must come by rule (Division of Forestry rules already a…
Is a county ethics commission hearing examiner an 'office' that triggers Florida's ban on holding two public offices at once?
The Attorney General's office declined to decide, because answering would mean commenting on two counties' actions. It offered only the general framework: whether a position is an 'office' (triggering…
Can a New York county assign its General Municipal Law §§ 239-l, 239-m, and 239-n review function to its county planning department instead of its planning board?
The AG concluded that a county could, by local law, assign GML §§ 239-l, 239-m, and 239-n review of referred municipal zoning and planning actions to its planning department instead of its planning bo…
Can a city council reveal job candidates' names and discuss the hiring process for a new city attorney in a closed personnel session?
No, under the law as it stood in 2011. The AG found that after New Castle's city council properly handled a personnel matter in executive session, it violated FOIA by using that same closed session to…
After Tennessee's 2010 amendment to § 13-3-103, can the Carter County mayor appoint the regional planning director if the county was created by a private act that lets the planning commission appoint employees and staff?
The AG concluded that Carter County's 1972 private act, which lets the planning commission appoint 'such employees and staff as it may deem necessary,' counts as a 'provision relating to the appointme…
Can a special district board repeal its bylaws by simple majority when the bylaws require a supermajority to amend them?
Probably not. The AG's office gave only informal comments (it does not formally interpret local bylaws), but pointed to Sterling v. Brevard County, where a board could not lower its own supermajority …
Can a Tennessee city governing body add hiring criteria or ethics policies on top of the Municipal Electric Plant Law's qualifications for the superintendent of the city's electric board?
The AG concluded that the 1935 Municipal Electric Plant Law gives the electric board exclusive authority to set hiring criteria and ethics policies for the superintendent; the city governing body cann…
Can DC's elected Chief Financial Officer hire, fire, and direct the financial staff at the DC Housing Authority, even though DCHA is technically an independent agency that gets most of its money from federal HUD?
Yes. Congress has repeatedly amended the Home Rule Act since 1995 to give the DC CFO control over financial personnel at all DC agencies, including independent ones. DCHA is part of the DC government …
Can a Texas civil service commission charge firefighters a fee to take a promotional exam?
The Attorney General concluded that a local civil service commission may not charge an applicant a fee to take a fire department promotional examination. Unlike entrance examinations, which Chapter 14…
Can a part-time municipal judge in Texas also serve on a drainage district board?
The Attorney General concluded that article XVI, section 40 of the Texas Constitution, which forbids holding more than one civil office of emolument at the same time, bars a compensated part-time muni…
Can someone be a visiting county court judge and a county department director at the same time in Texas?
The Attorney General concluded that a person may serve at the same time as a visiting statutory county court judge in Bexar County and as the county's Director of Judicial Support Services. Article XV…
Can a Texas county judge let a volunteer consultant see county budget records without the commissioners court's approval?
The Attorney General concluded that a county judge acting as the county budget officer does not need the commissioners court's approval before delegating nondiscretionary, ministerial, and administrat…
Does a nonprofit foundation set up by a Florida city to raise money have to follow public records and open meetings laws?
Yes. The Biscayne Park Foundation, a nonprofit the village created and controls as its 'fundraising arm,' is an 'agency' under Chapter 119, so its records are open, and it is also subject to the open-…
Can a non-charter New York county adopt a local law that lets the county legislature, instead of the community services board, appoint the local director of community services?
The AG concluded that Mental Hygiene Law § 41.09(a) reflected a substantial state concern, so a non-charter county could not enact a local law shifting the appointment of its community services direct…
Does a New York county owe a duty to a neighboring homeowner for trees in the county highway right of way that lean toward and threaten the home?
The AG concluded that a county's duty to neighboring homeowners for trees in a highway right of way turned on title. If the county owned the underlying fee, it had a duty to inspect and protect adjoin…
What's the statute of limitations on Virginia credit card debt?
Five years (the written-contract limit) if at least one signed document references and incorporates the other writings that hold the essential terms. Three years (unwritten contracts) if essential ter…
If a New York village straddles two counties, do its police officers' arrest powers cover both entire counties, or only the village itself?
Only the village. The AG concluded that under Criminal Procedure Law § 1.20(34-a)(b), the geographical area of employment for village police officers is the village. The 'multi-county authority' rule …
How many Nassau Health Care Corporation board members are needed for a quorum and to approve action when there are vacancies on the board?
The AG concluded that Public Authorities Law § 3402(2)(c) controlled, so Nassau Health Care Corporation's quorum was 60% of directors then in office (varying with vacancies), and an action needed a ma…
Can a New York district attorney who is also serving as the county coroner appoint the county's emergency medical services coordinator as deputy coroner, when the EMS coordinator is not a physician?
No, for two reasons. The AG concluded that County Law's coroner framework requires a licensed physician either as coroner or as coroner's physician, so a non-physician cannot serve as deputy coroner w…
If a public housing authority board member moves from the city to a neighboring suburb, can the city pass a local law to keep them on the board, by extending the residency requirement to the whole county?
No. The AG concluded that the Ithaca Housing Authority is a state-created independent public corporation under Public Housing Law § 429, not a city office. Home rule authority under Municipal Home Rul…
When a Virginia sheriff serves a debtor interrogatories summons or garnishment summons under a writ of fieri facias, must the sheriff also levy on the debtor's tangible property at the same time, and what fees apply?
No. Writs of fieri facias, debtor interrogatories, and garnishments are distinct, related proceedings. The sheriff may need to levy on tangible property when executing a fi. fa., but no levy is requir…
Does Florida's Florida-friendly landscaping law allow artificial turf as part of a yard's landscape plan?
It does not appear to be barred. The Florida-friendly landscaping statute contemplates non-living materials (rocks, mulch, paving) in a landscape plan, and while it does not mention artificial turf, n…
When someone is elected to fill a city council vacancy, do they take office right away or wait for the regular term start date?
Reading the Maitland charter, the AG's office observed that a person elected to fill a council vacancy serves the balance of the existing unexpired term rather than starting a new three-year term in A…
When a Tennessee utility district switches from elected to appointed commissioners under Tenn. Code Ann. § 7-82-307(a)(7), do the old private-act term limits still apply to the new appointed commissioners?
The AG concluded that the Utility Management Review Board's 2006 approval of a method-of-selection change for the Gibson County Utility District did not repeal the private-act term limits, but that th…
Can a retired Florida auxiliary law enforcement officer carry a concealed weapon under the federal LEOSA if they don't get a pension?
The AG's office could not give a binding opinion (this turns on federal law and was not a state-official request), but noted that the 2010 amendments to 18 U.S.C. 926C removed the old requirement of a…
Can Virginia put money in the state budget for a private charity like a food bank or Operation Smile?
No. Article IV § 16 of the Virginia Constitution bars direct appropriations to charities the state does not own or control, even when the cause is sympathetic. The state can pay a charity for goods or…
Can a Virginia public school district charge students for the Advanced Placement exam when the school requires the exam to complete the AP course?
No. A Virginia school district cannot impose a mandatory AP exam fee on students taking the AP course. Public schools must be free, and no statute authorizes this fee.
In Tennessee, do criminal defendants get sentencing credit for their first day in jail after arrest, must the court document that credit, and does it count toward release eligibility?
The AG concluded that all three answers were yes: Tenn. Code Ann. § 40-23-101(c) gives mandatory pretrial jail credit including the first day of incarceration; the credit must be documented in the jud…
In a Tennessee city under the City Manager-Commission Charter, who has authority over personnel decisions and salaries: the city manager or individual city commissioners?
The AG concluded that the city manager held exclusive authority over personnel decisions for department heads and city employees, working within the appropriations ordinance and comprehensive pay plan…
Where does a city's official newspaper need its second-class postal permit in Texas?
The Attorney General concluded that section 2051.044(a)(3) of the Government Code requires a city's designated official newspaper to be entered as second-class postal matter in the county where the ne…
What is the value limit on a house given away as a prize in a Texas charity raffle?
The Attorney General concluded that under the Charitable Raffle Enabling Act, the value of a residential dwelling offered as a raffle prize is capped at $250,000 whenever the qualified organization pr…
Can a regional transportation council close a transit station inside a Texas city?
The Attorney General concluded that the Regional Transportation Council, the policy body of the North Central Texas Council of Governments, does not have authority to close the Trinity Railway Express…
Can a Texas county declare a public road across private land to reach a landlocked property?
The Attorney General concluded that section 251.053 of the Transportation Code, which lets a commissioners court declare a public road so a landowner with no public access can reach a public way, is n…
Could Idaho voters use a 2011 ballot initiative to broaden the state sales tax to services and lower the rate from 6 percent to 5 percent?
The AG identified drafting and constitutional issues with the proposed sales-tax restructuring: sourcing rules conflicted with existing law, the bill would have wholly exempted state and federal gover…
Can Virginia force its National Guard to keep Don't Ask, Don't Tell after Congress repealed it?
The Constitution reserves militia officer appointments to the states, so Virginia retains some authority over its state Guard. But Congress controls federal recognition of Guard officers and can condi…
Does an Illinois gubernatorial nomination pending less than 60 session days expire when the Senate adjourns sine die?
The AG concluded that a gubernatorial nomination pending fewer than 60 session days does not expire when the Senate adjourns sine die. The nomination carries over into the new biennial session, and th…
Would the proposed Virginia Worker Misclassification Act treat franchisees as employees of their franchisors?
The bill's text doesn't exclude franchises, but applying its three-part ABC test to typical franchise arrangements would exclude franchisees from being classified as employees. The text and the test p…
Can foreign citizens or foreign companies buy and own property in Florida, and are there restrictions?
Generally yes. Florida law gives aliens the same inheritance rights as citizens and does not bar foreign ownership of property, though foreign corporations owning Florida real estate must keep a regis…
Can someone get charged in Virginia for reckless paddleboarding?
Yes. The AG concluded that paddleboards are 'similar devices' to surfboards under Va. Code § 29.1-738, so reckless use that endangers another person's life, limb, or property is a violation of the sta…
Can a Virginia HOA put a cap on how many homes in the neighborhood can be rented out?
Yes, if it's done by a properly drafted, adopted, and enforced covenant that doesn't conflict with the association's declarations, bylaws, or rules. The cap also has to serve a legitimate purpose and …
Can an Idaho county use its land use and zoning ordinances to regulate oil and gas wells, or does the state Oil and Gas Conservation Act preempt local control?
The Oil and Gas Conservation Act does not preempt county land use planning. Counties retain zoning authority over oil and gas wells, including groundwater protection rules, unless a specific local ord…
Can a Virginia city and its school board share back-office services like health plans, accounting, or a shared chief financial officer?
Yes for ordinary back-office sharing (health plans, accounting). But sharing a chief financial officer is riskier because it threatens the school board's budget independence. The school board cannot g…
Can a teenager in Virginia get a protective order against a violent boyfriend or stalker without involving their parents?
An emancipated minor can file directly. A non-emancipated minor, no matter how mature, must file through a 'next friend' (usually a parent or another adult). For emergency protective orders, a magistr…
Does the Stewart decision require Tennessee drug court judges to recuse themselves before imposing short jail sanctions on a drug court participant, and do those participants get full probation-revocation due process when facing remedial incarceration?
The AG concluded that a drug court team may discuss and vote on sanctions, including remedial incarceration short of program termination, and the presiding judge need not recuse for those team-voted s…
Can a Colorado rural electric co-op require a homeowner with rooftop solar to hand over the renewable energy credits, free of charge, just to be allowed to interconnect to the grid?
No. The AG concluded that REC transfer was not one of the PUC interconnection screens, so requiring it was an unreasonable burden on interconnection prohibited by § 40-9.5-118(2)(d). Where the custome…
Can the Virginia Department of Health require a private well construction permit, and a licensed water well contractor, to install a closed-loop geothermal heat pump system?
Yes. The AG concluded VDH did not exceed its authority by requiring a private well construction permit and a Water Well Classification license for closed-loop geothermal heat pump installations. The p…
Can a Texas local government invest public funds in a money market or demand account?
The Attorney General concluded that a local government subject to the Public Funds Investment Act (Government Code chapter 2256) may invest its funds in money market deposit accounts, because nothing …
Can a Tennessee regulatory board approve a settlement between an agency and a regulated party in a contested case if an intervenor refuses to sign on?
The AG concluded that an intervenor cannot block a settlement just by withholding consent. A regulatory board may approve a settlement over an intervenor's objection if it independently determines the…
Does a Florida neighborhood improvement district always need 75% of property owners to approve it before it can be created?
Not in every case. The Safe Neighborhoods Act provides several different methods to create a neighborhood improvement district. The 75% written-consent requirement applies only to the property owners'…
Can a Texas transit authority charge a city that withdrew from it for disabled-rider services?
The Attorney General concluded that Capital Metro could charge the City of West Lake Hills for the special transit services it provides to the City's residents with disabilities, even though the City …
Can a Texas school district change its board election from November to the May uniform date?
The Attorney General concluded that Edgewood Independent School District could not move its general election for school trustees from the November uniform election date to the May uniform date. Under …
Does a county ethics code apply to the district attorney and their staff in Texas?
The Attorney General concluded that the El Paso County Code of Ethics, adopted under chapter 161 of the Local Government Code, reaches the District Attorney of the 34th Judicial District and the attor…
Can a Texas community college buy liability insurance for its child-care center?
The Attorney General concluded that San Jacinto College could buy the liability insurance that Human Resources Code section 42.049 requires for its licensed child-care centers without violating articl…
Can a Tennessee county commissioner privately solicit fellow commissioners' votes to be appointed county mayor without breaking the Open Meetings Act?
Yes, with limits. A Tennessee county commissioner can contact fellow commissioners individually to solicit their support for appointment as county mayor without violating the Open Meetings Act, as lon…
Can a Tennessee jury coordinator empanel a jury, or only assemble the pool the judge picks from?
No. A Tennessee jury coordinator's role is limited to compiling the random jury list, forming the pool, granting excuses or postponements, and supplementing the pool when the judge directs. Selection …
When a Tennessee juvenile court receives a civil petition alleging child abuse based on a newborn testing positive for illegal drugs, can the court share it with the district attorney for criminal prosecution, and does sharing it satisfy the court's duty under § 39-15-401(d)(1)?
The AG concluded that juvenile court officials could appropriately share such civil petitions with the district attorney general, because DAs are officers of the court with a legitimate interest under…
If a sheriff's deputy takes someone to the hospital for an involuntary mental health evaluation in Tennessee, must the deputy use force to restrain the patient when hospital staff asks, and would doing so violate the patient's civil rights?
The AG concluded that Tennessee's involuntary commitment statutes did not require a sheriff's deputy to use police powers to help hospital staff complete a § 33-6-407 evaluation, but a deputy who did …
If a Tennessee bill's caption says 'An Act to amend Title 4, relative to lotteries,' can the body of the bill amend the Charitable Gaming Implementation Law in Title 3 because of the constitutional 'or otherwise' clause?
The AG concluded that the 'or otherwise' clause in Article II, Section 17 lets a bill recite the amended law in the body instead of the caption, but the body still has to stay within the single subjec…
Is a Tennessee bill caption that lists 27 different Code titles enough to satisfy the constitutional single-subject rule, or do you need a narrowing 'relative to' clause?
The AG concluded that a caption listing 27 Code titles with no narrowing language failed the single-subject requirement of Article II, Section 17, but a caption listing only four titles with a 'relati…
Does a Tennessee sheriff have to send an officer to keep the peace at a court-ordered estate sale even when the clerk and master is conducting the sale and the sheriff doesn't get a fee?
The AG concluded yes. The sheriff is the principal conservator of the peace under Tenn. Code Ann. § 38-3-102, and Tenn. Code Ann. § 8-8-201(a)(2)(A) makes obedience to lawful court orders a sheriff's …
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