State AG Opinions
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Can a Texas water conservation district transfer its assets to a private individual or company?
The Attorney General concluded that the board of the Sandy Land Underground Water Conservation District has broad statutory authority under Water Code section 36.158 to transfer assets, including…
Could Fort Lawn discard old town council minutes and financial records?
The AG said those were public records and could not simply be eliminated. The municipal retention schedule required permanent retention of council minutes; financial records had their own schedules.…
Can a Tennessee city court hold a defendant in contempt for failing to appear at a scheduled court date, and if so, what's the maximum punishment?
The AG concluded that a Tennessee city court has the power to punish a defendant for criminal contempt when the failure to appear is willful disobedience of a lawful court order, but the punishment…
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…
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'…
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…
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…
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…
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…
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…
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…
Could a South Carolina register of deeds refuse a document believed to be fraudulent or a sham?
Yes, if the register reasonably believed the document was materially false, fraudulent, or sham legal process. The AG said the statute also allowed removal of a recorded document on the same basis…
Could North Myrtle Beach require removal of a catamaran stored on beach property covered by its easement?
The AG predicted a court would likely recognize the city's right to require removal of a vessel that obstructed its beach protection easement. It also warned that exempting catamarans from the beach…
Could a St. Stephen business obtain a Sunday alcohol sales license under Berkeley County's ordinance?
The AG said the county ordinance did not automatically apply inside St. Stephen. Businesses there could not obtain the license on that basis unless the town and county agreed to make the ordinance…
Did a South Carolina prisoner receive credit for pretrial jail time despite a no-credit sentence?
The AG said the described prisoner had to receive credit for twenty days held before trial if neither statutory exception applied. The jail still had to follow court commitment orders and could not…
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…
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…
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…
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…
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…
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…
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…
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…
Does a New York village that spans two counties give its police officers a geographical area of employment covering both counties?
No. The officers' geographical area of employment is the village, not both entire counties. This limits warrantless arrests for petty offenses, but officers may arrest for felonies and misdemeanors…
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…
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…
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…
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…
Could Jasper County's zoning appeals board deliberate on an appeal in a closed meeting?
The AG said the board could not use executive session to deliberate on an appeal heard in public. It predicted a court would permit a closed session to receive qualifying legal advice from board…
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,…
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…
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…
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…
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…
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…
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…
Could a Kentucky school assign an itinerant teacher to work in a school whose principal was the teacher's relative?
No, unless the teacher fell within the statute's grandfather clause. The AG concluded that a district-wide or itinerant teacher who was a principal's relative could not perform any work in that…
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…
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…
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…
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…
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…
Could Kershaw County's treasurer also serve as interim county administrator?
The AG said holding both positions at once would violate South Carolina's dual office holding prohibition, even if the administrator role was interim. It distinguished actually holding the second…
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…
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…
Would the proposed Virginia Worker Misclassification Act treat franchisees as employees of their franchisors?
The bill contains no exemption for franchises, so classification would be decided case by case under its test. The AG concluded that applying the test would generally exclude typical franchise…
Did Florida's AG say foreign citizens and companies can buy property without restriction?
No general answer appears in this informal letter. The AG's office quoted the constitutional provision allowing regulation or prohibition of real property ownership by aliens ineligible for…
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 statute.
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…
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…
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…
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…
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…
Could South Carolina technical colleges offer optional payroll deductions through their own payroll systems?
The AG said technical colleges could deduct money from employees' pay only where the Legislature authorized it. Processing payroll outside the Comptroller General's office did not supply general…
Could a Mount Pleasant council member also serve as a reserve deputy sheriff?
The AG said simultaneous service as a Mount Pleasant council member and reserve deputy sheriff would violate South Carolina's constitutional ban on holding two public offices. It relied on earlier…
Could Surfside Beach negotiate a pier lease after its public requests for proposals produced no responsive bid?
The AG said the town still had to follow its procurement procedures unless an ordinance exception applied. It said the town administrator could not negotiate directly with prospective tenants merely…
Would a homeowners association board member's ineligibility void the votes and documents he signed?
The AG predicted a court would likely treat the member's acts as valid for third parties and the public if he was a de facto officer and did not act for his own benefit. The opinion assumed he was…
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…
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…
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