State AG Opinions
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Can the Caddo Parish Administrator represent the parish without commission approval or issue statements against the commission's wishes?
No. Under the Caddo Parish Home Rule Charter, the parish administrator does not have authority to represent the parish's interests without commission approval or to send letters or make statements…
Where does a Texas county jail have to deposit revenue from inmate phone-card sales, the general fund or the sheriff's commissary account?
It depends on the source. If the phone cards deliver the inmates' required telephone privileges (replacing a PIN debit system), the revenue is county money and must go in the general fund. Only…
How long does a Texas child support lien on a bank account last, and what property does it reach?
A child support lien has no set expiration. It stays in force until all current support and arrearages (with interest, costs, and fees) are paid or the claimant releases it under Chapter 157 of the…
Can a Texas county pay a jail employee's salary out of commissary funds when the jail is run by a private contractor?
The commissioners court cannot use commissary proceeds to pay a county employee's salary to staff the jail as a budgetary operating expense. The sheriff or designee controls the funds and may use…
Can a Texas commissioners court move a position and its funding out of the county attorney's office, create its own attorney position, and defund an existing civil attorney slot?
Generally yes, with one hard limit. A commissioners court controls the county budget and may transfer a position and its funding away from the county attorney if those duties are not the county…
Can a Texas county penalize a dog owner for a public nuisance because the dog barks too much?
No. The AG concluded a county commissioners court has no general police power and no statute gives it authority to penalize a dog owner for excessive barking. The Rabies Control Act lets a county…
Can the Texas Supreme Court require county and district clerks to connect their case management systems to the re:SearchTX records database?
Yes. The AG concluded Government Code section 74.024 gives the Supreme Court broad authority to adopt administrative rules that are necessary or even just desirable for running the court system, and…
Can a West Virginia county commission use eminent domain to take private land bordering a county-owned gun club to address bullets that have spread onto the neighbor's property?
Yes, likely. The AG concluded that taking the strips of land where bullets had landed serves a public use under W. Va. Code § 54-1-2 and W. Va. Const. art. III, § 9, because it advances public…
Did the Missouri Attorney General approve the proposed summary statement for Jamie Howard's petition 2026-046?
Yes. The Attorney General approved the proposed statement's legal content and form. It described an 80% vote in both legislative chambers for changes to voter-approved initiatives, among other…
Did Missouri approve ballot wording to require an 80% legislative vote and voter referral before changing approved initiatives?
Yes. The approved statement described requiring an 80% legislative vote and voter referral before changing voter-approved initiatives, restricting legislative changes to the initiative process, and…
Did Missouri approve ballot wording to require an 80% legislative vote and voter referral before changing approved initiatives?
Yes. The approved statement described requiring an 80% legislative vote and voter referral before changing voter-approved initiatives, restricting legislative changes to the initiative process, and…
Did Missouri approve ballot wording combining local wage, scheduling, break, and rent-control powers?
Yes. The approved statement described a constitutional amendment allowing cities over 10,000 people and all counties to regulate wages, leave, scheduling, breaks, time between shifts, rent, and fees…
Did Missouri approve ballot wording for local wage, leave, scheduling, and break rules?
Yes. The approved statement described a constitutional amendment allowing cities over 10,000 people and all counties to regulate wages, leave, scheduling, breaks, and time between shifts despite…
Did Missouri approve ballot wording combining local wage, leave, and rent-control powers?
Yes. The approved statement described a constitutional amendment allowing cities over 10,000 people and all counties to set higher minimum wages, require leave, and restrict residential rent and…
Did Missouri approve ballot wording for local minimum-wage and leave ordinances that could override state law?
Yes. The approved statement described a constitutional amendment allowing cities over 10,000 people and all counties to require higher minimum wages and additional leave despite inconsistent state…
Did Missouri approve ballot wording for local rent-control ordinances that could override state law?
Yes. The approved statement described a constitutional amendment allowing cities over 10,000 people and all counties to restrict residential rent and fees despite inconsistent state law, while…
When a Prairie Grove police officer resigns instead of being fired, what parts of his personnel file (administrative records, performance evaluations, a written reprimand, and IA investigative records) can the public see under FOIA?
The administrative records may be released with required redactions. The performance reviews and 2018 written reprimand must be withheld. The investigative records should be released if the…
Did Missouri approve ballot wording for a $15 minimum wage and paid sick leave mandate?
Yes. The approved statement described a $15 minimum wage starting January 1, 2027, inflation increases, paid sick leave for private employers, enforcement through lawsuits and regulations, and…
When a Louisiana Lawrason Act mayor pro tempore runs a meeting, can he still vote as an alderman, and does he count for a quorum?
Yes to both. A Lawrason Act mayor pro tempore who is presiding because the mayor is absent still has his right to vote as an alderman. He can choose to vote as an alderman OR vote later to break a…
Can a Louisiana firefighter take 52-week paid leave and workers' compensation medical benefits without weekly compensation payments?
The attorney general said a firefighter could decline weekly workers' compensation payments, take the statutory 52-week sick leave, and still receive workers' compensation medical benefits. An…
When does an Arizona school district advisory committee have to follow the Open Meeting Law, and is it OK for a board to meet with members two-or-three at a time before a public meeting?
It depends on the facts. The Attorney General agreed with the school districts' counsel that a committee is subject to the Open Meeting Law mainly when the governing board was involved in creating…
Is Tennessee's law making the Tennessee Association of Professional Bail Agents the only provider of required continuing education for bail bondsmen an unconstitutional monopoly?
Likely no. The Tennessee Constitution's anti-monopoly clause forbids exclusive grants of what was previously a 'common right.' Because no one else has ever had a right to provide this state-mandated…
Is a redacted spreadsheet that lists multiple Conway Police Department employees alongside disciplinary dispositions, but doesn't summarize each employee's misconduct, a personnel record or an evaluation record under FOIA, and can the public see it?
It's a 'mixed personnel record' (it relates to multiple employees and was not created to evaluate any of them), and it should be released. Because the spreadsheet only lists names and dispositions,…
Can the same person serve as a deputy sheriff in two different Kentucky counties at the same time?
Yes. The Attorney General concluded that neither Section 165 of the Kentucky Constitution, nor KRS 61.080, nor the common-law doctrine of incompatible offices prohibits one person from holding the…
I'm a police officer who was terminated and now my termination letter has been requested under FOIA. Can the city actually release that letter?
Yes. The AG concluded that the Cabot termination letter is properly classified as an employee-evaluation record because it states the grounds for termination, and the four-element release test under…
Who controls the Hampton County School District budget and millage rate, the Board of Trustees or the County Council, and what happens when the local act conflicts with the statewide millage cap?
The Board of Trustees adopts the budget, and the Board (not the County Council) is the 'local governing body' that levies the school tax. County Council has discretionary approval over the millage,…
When may the Caddo Levee District spend public money mowing and maintaining drainage channels?
The attorney general said the district must maintain channels covered by its federal agreements and may maintain channels selected under the drainage statute or covered by a qualifying public-body…
When a Jonesboro police officer is the subject of a citizen complaint and gets disciplined including suspension, can the public see the complaint form, the performance notice, and the suspension letter under FOIA?
For these three records, yes. The Attorney General found the citizen complaint releasable after weighing the officer’s privacy interest against public access. The performance notice and suspension…
Must a Louisiana clerk of court buy a judge a computer or print case files after court records become electronic?
No. When the electronic file is the official court record, the clerk must make records accessible but need not pay for a judge's computer or provide a paper copy. The opinion says judges of the…
Can a Louisiana city open a public license tag agency inside the city court building?
Yes. The governing authority of the City of Shreveport may apply to serve as a public tag agent and operate the agency inside the Shreveport City Court building, subject to Office of Motor Vehicles…
Can a Louisiana neighborhood improvement and security district use public funds to send its members to social functions like sporting events or theater productions?
No. Sending district members to social functions that do not directly serve the district's legislatively-created purpose (beautification, security, overall betterment) is a prohibited donation of…
What problems did the Idaho AG flag with the revised grocery sales tax exemption ballot initiative?
Two main concerns. The Certificate of Review found the revised initiative (1) likely violates the single-subject rule of Idaho Const. art. III § 16 and Idaho Code § 34-1802A by including a wholesale…
If a Delaware town holds a private meeting with a developer, refuses to let residents observe, and then doesn't even respond to the FOIA petition, what happens?
It loses by default. The Town of Blades violated FOIA by failing to demonstrate that a private meeting between Town officials and a developer (which residents were barred from observing) was held in…
Why did Missouri reject Garret Schmidt's Chapter 128 initiative petition 2026-068?
The petition failed to identify whether it changed Missouri statutes or the Constitution, and it did not place all new matter in sequentially numbered divisions. The opinion did not review…
Did Missouri approve the no-cost fiscal note summary for Jamie Howard's initiative petition 2026-048?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that…
What fiscal impact did Missouri approve for Richard von Glahn's initiative petition 2026-047?
The approved summary estimated no state or local governmental costs or savings, but said tax revenue could decrease by an unknown annual amount depending on business decisions. The review did not…
Did Missouri approve the no-cost fiscal note summary for Jamie Howard's initiative petition 2026-046?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that…
Did Missouri approve the no-cost fiscal note summary for Jamie Howard's initiative petition 2026-045?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that…
Did Missouri approve the no-cost fiscal note summary for Jamie Howard's initiative petition 2026-044?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that…
If I'm a transfer-on-death beneficiary on a South Carolina boat title, can the DNR refuse to issue me a new title because there's still a lien on it?
No. Once the owner dies, DNR's job is ministerial: it must issue the new title to the named TOD beneficiary even if a lien is still recorded. The lien stays valid against the boat, but the agency…
Does a West Virginia county courthouse have to close on Juneteenth if the governor doesn't recognize it as a state holiday, and do deputy sheriffs get overtime that day?
Yes, the courthouse and its annexes must close because Juneteenth is a federal holiday under 5 U.S.C. § 6103(a) and West Virginia Code § 7-3-2 forbids county commissions from keeping courthouses…
Did Missouri approve the no-cost fiscal note summary for Terrence Wise's initiative petition 2026-043?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that…
Did Missouri approve the no-cost fiscal note summary for Terrence Wise's initiative petition 2026-042?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that…
Did Missouri approve the no-cost fiscal note summary for Terrence Wise's initiative petition 2026-041?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that…
Did Missouri approve the no-cost fiscal note summary for Terrence Wise's initiative petition 2026-040?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that…
Did Missouri approve the no-cost fiscal note summary for Terrence Wise's initiative petition 2026-039?
Yes. The attorney general approved the fiscal note summary's legal content and form; the summary estimated no state or local governmental costs or savings, but the review did not examine that…
Which of EVIT’s four payment methods for member-district career programs meet Arizona’s service-cost limit?
The AG generally agreed that EVIT’s methods 1 and 3 appear to meet A.R.S. § 15-393(L)(9), while methods 2 and 4 do not. Method 1 reconciles a formula-based payment against expenses; method 3 caps…
Did Missouri approve the form of Michael Lester's initiative petition 2026-067?
Yes. The attorney general approved petition 2026-067 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
Can the Miami City Commission move municipal elections from odd to even years, or change officials' terms of office, without a vote of the electorate?
No. Because Miami sits in Miami-Dade County, the 1885 Florida Constitution and the County's Home Rule Charter make the voter-referendum process the exclusive method for amending a municipal charter.…
When a South Carolina school district declares surplus and decides to sell or lease vacant land with no building on it, does the charter school right-of-first-refusal in § 59-40-170 apply?
No. The AG concluded that § 59-40-170 does not apply to public school property without a building. The opinion does not decide how the statute applies to a parcel containing a small or damaged structure.
Are hemp-derived edibles, drinks, and other ingestible products legal to sell or possess in Mississippi without going through a medical cannabis dispensary?
Under Mississippi controlled-substances law, the AG concluded that sale and possession with intent to distribute of non-FDA-approved hemp ingestibles are prohibited outside the Medical Cannabis Act.…
Did Missouri approve the form of Jamie Howard's initiative petition 2026-066?
Yes. The attorney general approved petition 2026-066 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
Did Missouri approve the form of Jamie Howard's initiative petition 2026-065?
Yes. The attorney general approved petition 2026-065 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
If the Arkansas Department of Corrections plans to release a current agent's personnel file under FOIA, is the supervisor-completed promotion recommendation a personnel record or an evaluation record, and is a college transcript releasable?
The promotion recommendation is an evaluation record, not a personnel record, because it's created at the employer's request to evaluate the employee. Since the agent has not been suspended or…
If Kansas transfers the Shawnee Indian Mission to the Shawnee Tribe, can the state still enforce a no-gaming restriction?
Only if the Shawnee Tribe clearly and unequivocally waives its sovereign immunity. The Attorney General concluded that a proposed state bill authorizing transfer of the Shawnee Indian Mission to the…
If a North Dakota airport authority misspells the email when notifying the city auditor of a special meeting, has it given valid notice?
No. Posting the agenda at both airport terminals two days before the meeting was not enough. A typo that prevented the city auditor from receiving the notice, plus failure to alert the official…
If a North Dakota Governor's written veto message says one thing about which language is being struck, but the marked-up bill attached to it says another, which one controls?
The written statement of objections controls. The North Dakota Constitution requires the Governor to return the vetoed bill or item with a written statement of objections, and the words used in that…
Does Santee Cooper have legal authority to sell electricity directly to the City of Rock Hill, given that S.C. Code § 58-31-320 lists specific customers Santee Cooper has 'the right' to serve and doesn't mention municipalities?
Yes. AG Wilson concluded that § 58-31-320 does not prohibit Santee Cooper from selling electricity to Rock Hill. The statute's 'electric utility' carveout covers municipal utilities like Rock Hill…
Can a Mississippi auxiliary deputy sheriff who is not certified make traffic stops, write tickets, transport inmates, or make arrests?
No to all of the above. An auxiliary deputy sheriff is a part-time law enforcement officer under Section 45-6-3(d) and must be BLEOST-certified. An uncertified person cannot serve as an auxiliary…
Did Missouri approve the form of Jamie Howard's initiative petition 2026-064?
Yes. The attorney general approved petition 2026-064 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
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