State AG Opinions
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Can a Tennessee county create its own civil rights lawsuit law to sue the sheriff and deputies?
No. The AG concluded that a Tennessee charter county cannot enact an ordinance creating a private cause of action against its sheriff or deputies for civil rights violations. Tenn. Code Ann. §…
Could a South Carolina fire investigator also hold a police office in 2012?
The AG distinguished ordinary fire-department membership, which the constitution exempted, from a certified fire or arson investigator exercising State Fire Marshal powers, which it treated as a…
Was the 2012 Tennessee law forcing Memphis Light, Gas & Water to pay PILOTs directly to Shelby County constitutional?
Mostly no. The AG concluded Chapter 984 cleared the local-approval, home-rule, and charter-county hurdles, but flagged it as likely unconstitutional under Article XI, Section 8 because there was no…
Could South Carolina’s governor suspend a water-district board member indicted for an ethics violation in 2012?
The AG concluded the governor lacked authority to suspend the identified board member under the constitutional provision because the indictment’s alleged conduct was unlikely to be a crime of moral…
Did Tennessee's 2012 overhaul of the Tennessee Regulatory Authority abolish the agency, and how do its new appointment rules work?
The TRA continues as the same legal entity; Chapter 1070 of 2012 Tenn. Pub. Acts reorganized its membership rather than abolishing it. Continuing directors do not need re-confirmation, but new…
Could a California city count council terms served before voters’ term-limit ordinance took effect?
No. The Attorney General concluded that earlier completed terms could not be counted against a prospective limit. A new term that began only ten days before the ordinance took effect could count as…
Who filled a South Carolina county auditor vacancy before the next elected term began in 2013?
If the governor appointed an interim auditor, the AG said an election for the unexpired term generally belonged on the next general-election ballot unless practically impossible. If no appointment…
When does logging on New York municipal parkland count as a non-park use that requires legislative approval?
The AG concluded that logging on municipal parkland required legislative approval when its purpose was commercial (a non-park use), but not when it was part of forest management to enhance the park…
If the Port Jervis city council has no minority-party members, can the city appoint additional majority-party members to fill the open seats on the Community Development Agency board?
The AG concluded that General Municipal Law § 584 did not authorize additional majority-party appointees to the Port Jervis CDA board when the city council had no minority-party members. The CDA…
Can a New York city use a charter revision commission to change the budget process for its public library, when the library was created by state legislation?
The AG concluded that Oneonta could not amend its city charter to alter the budget process for its public library. Public libraries are part of the state's educational system, and Municipal Home…
What happens when a Delaware town council repeatedly holds closed-door meetings without explaining why?
The AG reported 28 Dewey Beach open-meeting violations. FOIA required agendas to identify the grounds for closed sessions and major public-meeting issues. The opinion said actions at the affected…
Can a Tennessee municipal electric system that offers Internet and TV service borrow against non-electric assets like a private cable company would?
Yes. The Tennessee AG concluded that once the municipal legislative body has authorized the municipal electric system to provide Internet and video programming services under Tenn. Code Ann. §§…
Could a South Carolina town council disband its police department in 2012?
Yes, the AG said a municipality could abolish a police department, but it had to do so by ordinance with the required separate readings. The AG could not determine whether Norway’s council actually…
Could a South Carolina party renominate candidates disqualified for missing ethics filings in 2012?
The AG said the candidate-substitution provision did not apply. The disqualified candidates had never been properly certified nominees, so the party could not use that replacement procedure to put…
Can a Tennessee school board extend its director of schools' contract while the contract is still running?
Yes. The Tennessee AG concluded that Tenn. Code Ann. § 49-2-203(a)(14)(C), as amended after the AG's 2001 opinion, now lets school boards extend the contract of the director of schools mid-term,…
Is Tennessee's 2012 law letting school districts sponsor charter schools constitutional?
The Tennessee AG found nothing constitutionally suspect on the face of Chapter 1065, which lets local education agencies sponsor charter schools while the state board serves as chartering authority.…
Can Virginia attach PLA-neutral procurement conditions to state grants given to MWAA?
Yes, by contract. The AG concluded that a Virginia state agency could negotiate to include in a grant agreement a condition that MWAA conduct its procurement without giving preference to Project…
If a Tennessee local school board fails to act on an amended charter school application, is it approved or denied?
Approved. The Tennessee AG concluded that effective July 1, 2012, Tenn. Code Ann. § 49-13-108(a)(2), as revised by 2012 Tenn. Pub. Acts ch. 1021, deems an amended charter school application approved…
Could two South Carolina school trustees finish their terms after redistricting put both homes in one new district?
Yes. The AG said Lancaster County’s incumbent trustees from old Districts 5 and 7 could finish their existing terms representing the correspondingly numbered new districts, even though both lived in…
Could Kentucky's Legislative Research Commission fix an obvious numbering error in an enacted bill?
The 2012 AG said yes for a manifest clerical error apparent from the act itself and caused by inadvertence. It said the Commission could correct a duplicated effective-date reference in the enacted…
Does a Florida community development district serve a public purpose?
The AG advised that a community development district created under Chapter 190, Florida Statutes, serves a public purpose. The Legislature declared the public need for these districts when it…
Could a South Carolina municipal judge continue serving after a four-year term ended without reappointment?
Yes. The AG said the judge remained in a holdover capacity until town council appointed and qualified a successor. It also said the town could contract for a county magistrate to handle municipal…
Did a South Carolina horse boarding and trail property qualify for agricultural tax classification in 2012?
On the facts supplied, the AG predicted the pasture and stables used to feed and manage horses qualified, even without horse sales. The riding trails and other acreage did not appear to qualify…
If a Tennessee county withdraws from TCRS, can its school district still participate for non-teacher employees?
No. The Tennessee AG concluded that a Tennessee school system cannot participate in TCRS for non-teacher employees if the county itself has withdrawn. Participation in TCRS depends on the chief…
Who could decide whether South Carolina’s voter ID law applied to the November 2012 election after preclearance?
The AG said election officials lacked discretion to refuse implementation if the self-executing law received preclearance in time. It regarded preclearance before September 15 as sufficient for full…
Can a Virginia judgment debtor walk a release of judgment into the circuit court clerk's office for direct entry without going to a judge first?
No. A judgment debtor must file a motion under § 8.01-455 with 10 days' notice to the creditor. Only after the court orders satisfaction can the clerk mark the judgment as released. The clerk acts…
Can a Virginia citizen, or the Virginia Attorney General, sue the federal government over TSA airport searches under the Fourth Amendment?
An individual whose own rights were affected can bring a Fourth Amendment claim, typically through a Bivens action. But the Virginia Attorney General has no standing to sue on behalf of Virginia…
Can Virginia cities and counties spend tax dollars on dues or contributions to VACo and VML?
Yes. The Virginia Constitution's prohibition on appropriating to charities applies only to the General Assembly, not localities. Several Virginia statutes authorize localities to fund…
Can Virginia certify a Florida-based business as a 'small business' when Florida won't extend its minority business certification to Virginia firms?
No. The reciprocity clause in Va. Code § 2.2-1403(B) requires Virginia to deny certification to firms from states that deny like certifications to Virginia-based businesses. Because Florida's…
Is a Florida community development district a political subdivision of the state?
Under Florida law, the office advised, a community development district is generally considered a political subdivision of the state, even one with no qualified electors and landowner votes held by…
Who counts as an 'official' under Tennessee's county purchasing conflict-of-interest rule, and can recusal cure a conflict?
The Tennessee AG concluded that 'other officials of the county' in Tenn. Code Ann. § 5-14-114(a) covers those appointed to non-statutory committees with a defined term of office, but not appointees…
Can a private nonprofit's director be charged with bid tampering under Florida's public corruption law?
The AG concluded that the executive director of Heartland Crime Stoppers, a private nonprofit corporation, was not a 'public servant' as that term is defined for Florida's bid-tampering statute…
Does a Florida public board have to meet in public when it handles confidential whistle-blower complaints?
The AG concluded that the Hillsborough Transit Authority board could be designated to receive whistle-blower complaints, but as a collegial public body it had to act at open meetings under section…
Does adopting one county tax rate above its rollback rate trigger a property tax rollback election in Texas?
The Attorney General concluded that the right to petition for a county tax rollback election turns on totals, not components. A county can set an individual property tax rate (say, its general fund…
If a new Tennessee municipal school district is formed, how does the county distribute property tax money to it?
On a weighted full-time-equivalent average daily attendance (WFTEADA) basis. The Tennessee AG concluded that Tenn. Code Ann. § 49-3-315(a) requires Shelby County (and other Tennessee counties…
When Colorado's S.B. 12-158 took effect, did the Division of Supportive Housing and Homeless Programs cease to exist as a separate public housing agency, and did the Division of Housing have statewide jurisdiction to take over its work?
Yes to both. The AG concluded that S.B. 12-158 (effective July 1, 2012) merged SHHP into the Colorado Division of Housing, automatically transferring all contracts and grants to the Division of…
Could a South Carolina county impose jail time for drug paraphernalia when state law set only a civil fine?
The AG reaffirmed an earlier opinion that had treated a local criminal ordinance as valid, but emphasized uncertainty in the case law and suggested a declaratory judgment for a final answer. It did…
Could a South Carolina assessor consider an appraisal made for a purpose other than property tax?
The 2012 AG said an assessor should consider a taxpayer’s appraisal and decide how much weight it deserved based on its evidence of the property’s value at the relevant time. Its original purpose…
Could a South Carolina town add property cleanup costs to a tax bill and sell the property if the bill went unpaid?
The 2012 Attorney General concluded that St. George could adopt an ordinance making qualifying cleanup costs a property lien collectible like municipal taxes, without a referendum. Whether the…
Are Florida special district and airport authority board elections partisan or nonpartisan?
The office advised that a candidate for the Charlotte County Airport Authority must run in a nonpartisan race. Section 189.405(2)(c), Florida Statutes, makes elections for single-county special…
Could a Colorado public university unilaterally create a discounted tuition rate for undocumented students without the legislature's approval?
No. The AG concluded that any tuition rate below what other nonresidents pay is a 'public benefit' under § 24-76.5-103, C.R.S. and 8 U.S.C. § 1621, and federal law required an affirmative state…
Could a South Carolina county use C-funds to maintain highway and railroad crossings or bridges?
The 2012 Attorney General said a county transportation committee could use C-funds for highway and railroad crossings, including bridges, at its discretion if the projects fit the approved…
Can a Texas county issue tax increment financing bonds the way a city can?
The Attorney General concluded that a county cannot issue tax increment financing (TIF) bonds the way a city can. The Legislature gave that bonding power only to incorporated cities and towns, and a…
Who sets the Van Zandt County Court at Law reporter's salary and work hours: the judge or the commissioners court?
The Attorney General concluded that setting an official court reporter's salary in the Van Zandt County Court at Law is a shared decision: the judge sets the salary and the commissioners court…
Can a Texas store or restaurant add a disclosed service fee to my purchase?
The Attorney General concluded that no Texas statute or constitutional provision stops a private retailer from charging an itemized, disclosed 'service fee' on a consumer purchase, as long as the…
Do Florida criminal investigative records stay exempt from public records after the case is over?
The cited exemption for active criminal intelligence and investigative information depends on whether the information remains 'active,' including any pending prosecution or appeal. The letter warns…
Did votes for a withdrawn South Carolina primary candidate count when deciding if a runoff was needed?
The 2012 AG believed votes for a candidate who withdrew too late to be removed from the ballot should count toward the total used to decide whether anyone won a majority. They would not elect the…
Are Georgia inmates who fight fires treated as volunteer firefighters, and can the state require special training rules for departments that use them?
Inmates who are not employed for compensation but are appointed and regularly enrolled to serve as firefighters qualify as volunteers so long as they meet the duty and training requirements of…
Can a 17-year-old in Tennessee leave high school to enroll in a GED program?
Yes. The Tennessee AG concluded that Tenn. Code Ann. § 49-6-3001(c)(2)(B) lets a 17-year-old enroll in a state-approved GED program in fulfillment of Tennessee's compulsory school attendance…
Can the Texas Lottery Commission run second-chance drawings for losing tickets online?
The Attorney General concluded that the Texas Lottery Commission likely has authority to use the Internet for its promotional 'second-chance' drawings, where players enter a losing scratch-off…
Can a Texas school district make employees attend charity fundraising meetings?
The Attorney General read section 22.011 of the Education Code, which bars a school district from directly or indirectly requiring or coercing employees to give to charity. The opinion concluded the…
Could a South Carolina county impose buffers or permits on qualifying forestry operations?
The 2012 AG concluded that counties and towns could not apply local buffer, tree-protection, notice, fee, best-practice, or road-access requirements to qualifying forestry activities on protected…
Did Bakersfield unlawfully put police pension changes on the ballot without first bargaining with its police union?
The Attorney General did not decide whether Bakersfield bargained sufficiently. She granted the police association leave to bring a quo warranto action because the dispute raised substantial factual…
When could a South Carolina city put a voter-approved change in its form of government into effect?
The 2012 AG reversed its earlier view that existing council terms had to expire before a new municipal form could take effect. It believed a city could likely set the effective date by ordinance,…
Can a Florida county refuse to release the booking photo of an arrested police officer?
The office advised that a current or former law enforcement officer's photograph, including a booking 'mug shot,' is exempt from the mandatory public-records disclosure in section 119.07(1), so the…
Is a nonprofit society empowered to enforce animal cruelty laws a "public body" under Delaware's FOIA?
Yes, still, the AG confirmed. In this supplemental opinion, the AG clarified that the Kent County SPCA qualifies as a "public body" under Delaware's FOIA specifically because the General Assembly…
Can a Virginia circuit court clerk charge a returned check fee when the check was for a civil case filing or related civil cost?
No. The returned check fee provisions in §§ 2.2-614.1, 17.1-275, and 19.2-353.3 funnel circuit clerks back to the criminal-side fee in § 19.2-353.3. There is no parallel authority in the civil code,…
If there's a tie vote in a Tennessee single-county election, can a runoff replace the county commission's deciding vote?
No. The Tennessee AG concluded that Tenn. Code Ann. § 2-8-111(1) is the exclusive way to resolve a tie vote in a single-county or civil-district election: the county legislative body 'shall cast the…
Can a Tennessee district public defender hire his brother-in-law as an investigator if he's not the direct supervisor?
No. The Tennessee AG concluded that the State Employees Uniform Nepotism Policy Act prohibits a district public defender from employing a brother-in-law as an investigator, even when day-to-day…
Could a South Carolina property owner lower a tax assessment after market prices fell between reassessments?
The 2012 AG said assessors could not change a tax value simply because market prices had fallen since the last countywide reassessment. The tax value could change at statutory trigger points,…
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