State AG Opinions
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Can a Texas housing authority run Section 8 vouchers outside its own city or county?
A state representative asked whether public housing authorities set up under chapter 392 of the Local Government Code could administer a federal Section 8 housing assistance program for apartments out…
Can a Texas city ban or limit cigarette vending machines?
A state representative asked whether a Texas home-rule city could pass an ordinance banning tobacco vending machines, or limiting them to places that keep out anyone under 18. The Attorney General sai…
Can a Delaware resident use FOIA to get copies of parking tickets the town issued to other people?
Partly. Under the law as it stood in 1997, the AG found the Town of Laurel had not violated FOIA because it made available nearly everything the resident requested over several years, including his ow…
Can the same person work as a part-time deputy town clerk and serve as a town assessor in New York, or are those jobs legally incompatible?
Yes, the same person can hold both. The AG concluded that the appointed positions of deputy town clerk/receiver of taxes and town assessor are compatible. Town Law § 20(4) bars holding two elective to…
Could Texas exempt only The Nature Conservancy of Texas from property tax by naming it in a statute?
No. The Attorney General concluded that Tax Code section 11.23(c), which named The Nature Conservancy of Texas alone, was not a general-law charity exemption and violated the Texas Constitution's ban …
Can a New York village parking attendant ticket a parked car for an expired inspection sticker or an expired registration?
Yes for inspection, no for registration. The AG concluded a parking enforcement officer can ticket a parked car with an expired inspection sticker but cannot ticket a parked car for expired registrati…
Does New York's requirement that a city or village consent to locate a new cemetery apply statewide, or only inside Suffolk County?
Statewide. The AG concluded that Not-for-Profit Corporation Law § 1506(b)(1) requires city or village consent for a cemetery anywhere in New York. The Suffolk County town-consent rule in § 1506(b)(2) …
Can a New York fire district require its paid firefighters and fire officers to live in the state, or are they free to live across state lines?
Yes. The AG concluded that the board of fire commissioners may require paid firefighters and fire officers, including the chief and assistant chief, to reside within New York State as a condition of a…
If a city council member's employer is also the city's biggest taxpayer and contracting partner, do they have to recuse themselves when matters involving the employer come up for a vote?
Yes. The AG concluded that a city council member must avoid circumstances that compromise their ability to make decisions solely in the public interest, so when their employer has an interest in a mat…
Can a fire district employee hold both the fire chief position and a separate position as house maintainer at the same fire district?
No. The two positions are incompatible because the fire chief supervises all fire department employees, including the house maintainer, and one person cannot effectively supervise himself.
Can a school board approve new hires by having an administrator call each board member individually for their views, instead of voting at an open meeting?
Yes, a violation, under the law as it stood in 1997, though the AG ordered no remedy. Calling individual Woodbridge board members by phone to gauge their views on a new-hires list amounted to an impro…
Can the Maine Legislature pass forest-practices amendments while a competing measure on that subject is pending before voters?
No. The Maine AG concluded that the Legislature may not enact legislation inconsistent with a competing measure that is pending before voters in a runoff referendum. The rule from Farris v. Goss (1948…
Now that Congress has restored the public-safety exception to the federal Age Discrimination in Employment Act, can New Jersey again enforce the statutes that bar people over 35 from being hired as police officers or firefighters and require retirement at age 65?
Yes. The age 35 hiring caps and the mandatory retirement age for police officers and firefighters are once again enforceable as a matter of both federal and state law. Officers and firefighters lawful…
When Oregon's Measure 47 capped property taxes in 1997, did the cap apply to taxes a city had already pledged to repay its bonds, or were those bond taxes still exempt from the cap?
The AG concluded that taxes legally dedicated to paying bonded debt at the time of assessment were exempt from the Measure 47 cap, that urban renewal tax-increment revenues qualified for the exemption…
Could a Louisiana political subdivision invest public funds in a mutual fund organized as a Massachusetts business trust that holds Treasury repurchase agreements?
At the time of this 1997 opinion, the AG concluded yes, a political subdivision could invest in such a mutual fund, including one with multiple share classes, as long as all classes represented an equ…
Can a county employee (an electrical inspector) lawfully serve at the same time as a member of the Board of County Commissioners that ultimately oversees the County Manager who supervises that employee?
Yes, with limits. The AG concluded that N.C.G.S. § 14-234 does not bar the arrangement because the Board of Commissioners had not been involved in hiring the electrical inspector (the County Manager m…
If a fire district tax referendum ends in a tie vote, has the tax been approved or rejected, and when can a new election on the same tax question be held?
A tie vote means the tax was rejected. State law requires a majority of votes cast in favor before a county can levy the special fire tax. Because the tax was rejected, the two-year statutory bar in N…
Are the water and sewer billing records of a North Carolina municipal utility public records that anyone can inspect, or are they private customer records protected from disclosure?
Public records, available to anyone. The AG concluded that under N.C. Gen. Stat. § 132-1 and § 132-6, billing records of a municipal water and sewer service (or any other municipally operated public u…
Can North Carolina's Parks and Recreation Trust Fund give grants to towns and counties for park master plans, site plans, comprehensive system plans, or citizen surveys, or only for actually buying land and building park facilities?
Only for buying land and building park facilities. The AG concluded that § 113-44.15(b)(2)'s 30% local-government allocation must be spent under criteria patterned after the federal Land and Water Con…
Can a Maryland town annex a distant piece of land by connecting it to town limits with just a thin strip of highway?
The opinion concluded that Maryland's requirement that annexed land be 'contiguous and adjoining' generally does not allow a town to annex a distant tract by connecting it with only a narrow highway s…
Can a city council meet with a state transportation agency on less than seven days' notice if the delay was caused by waiting on legal advice?
Yes, under the law as it stood in 1997. The AG advised that Newark's city council could meet with DelDOT officials on 24-hour notice, rather than the usual seven days, because stating that the delay w…
If a New York county has already passed a nuisance abatement law, can a town inside the county still pass its own nuisance abatement law, or is the town preempted?
Yes, the town can pass its own. The AG concluded that a county nuisance abatement law does not preempt a town nuisance abatement law, as long as the town has not formally transferred the nuisance-abat…
If voters file a petition with double the required signatures asking for a vote on changing the village name on a date other than the regular village election, can the village board still push the question to the next regular election?
No. The AG concluded that once a qualifying petition is filed under Village Law § 9-912 requesting an off-cycle referendum, the board of trustees has no discretion. The referendum must be held no fewe…
Can North Carolina cap the share of commercial fishing licenses available to out-of-state fishermen, either through a residency-based lottery or a 'limited entry' system that allocates a fixed percentage of licenses to non-residents?
Not unless residents are subject to the same restrictions. Commercial fishing is a 'common calling' protected by the U.S. Constitution's Privileges and Immunities Clause, and the State cannot discrimi…
Can North Carolina Marine Patrol officers cite civilians for violating state fisheries laws if the violation occurred on the Camp Lejeune Marine Corps base?
No. The AG concluded that the federal government accepted exclusive jurisdiction over Camp Lejeune in 1941 through a series of letters from the Acting Secretary of the Navy to the Governor of North Ca…
If a New York school board member hands their resignation to the district superintendent, is it valid the moment the board votes to accept it?
No. The AG concluded that submitting a letter to the local superintendent and having the board vote acceptance does not satisfy either Education Law § 2111 (which requires endorsement by the district …
Can a Texas county pay an official's legal fees for fighting an election contest?
A county attorney asked whether Frio County could reimburse its sheriff for the attorney's fees he ran up defending an election contest after a close primary runoff. The Attorney General said no, and …
After Craven County v. Boyles, do local school districts have a claim to the parking and library fines that UNC campuses collect, or are those fines structured differently from the civil penalties Craven County reached?
No, the school districts have no claim. The AG concluded that UNC library fines are not 'penalties' under Article IX, Section 7 because they fund library maintenance rather than punish; and UNC parkin…
Are HUD-approved mortgage lenders exempt from Oregon's interest-rate caps on all their loans, or only on FHA-insured loans?
A HUD-approved mortgage lender was exempt from Oregon's interest-rate caps on all its real estate loans, not just those eligible for federal mortgage insurance. The 1997 opinion explicitly overruled a…
Do New York drivers' auto insurance policies have to cover damage they cause to rental cars from Hertz, Avis, and similar companies, and can those rental companies charge them for damage beyond the $100 deductible?
Yes for coverage, no for excess charges. The AG concluded that the Insurance Department correctly read the collision damage waiver (CDW) statute (L 1988 ch 784) to require auto insurers to provide ren…
Do the doctors, nurses, and other health professionals who review Medicaid treatment plans for the New York Department of Health get state-funded legal defense and indemnification if they are sued?
Only those listed in Public Health Law § 14. The AG concluded the Medicaid prior-authorization consultants are independent contractors, not state employees, so they do not qualify under Public Officer…
Can a Texas agency's advisory council be given real power over the agency's rules?
A state senator asked the Attorney General whether Government Code section 417.0041, which lets fire protection advisory councils control rule changes at the Commission on Fire Protection, unconstitut…
If a town gives five days' notice of a meeting instead of the required seven, but sixty residents still show up, is that a FOIA violation that undoes the meeting?
Yes, a technical violation, under the law as it stood in 1997. The AG found the Town of Laurel's newspaper notice giving only five days' advance warning of a Planning Commission meeting, instead of th…
Does the Lava Hot Springs Foundation own a special hot-springs water right that escapes Idaho's prior appropriation and Department of Water Resources regulation?
No. The Foundation managed the hot springs only through ordinary appropriative water rights subject to Title 42 and Department of Water Resources oversight, and could grant easements for waste-water d…
Can a New York town pass a local 'right to farm' ordinance that requires every deed conveying property in the town to include a specific paragraph notifying buyers of farming activity?
No. Real Property Law §§ 290 et seq. establish the State's recording requirements, and § 333-c already imposes an agricultural-district disclosure obligation. A town cannot add a recording-requirement…
Does a New York village have the authority, or even an obligation, to establish fire lanes between privately owned buildings where fire department access would otherwise be difficult?
Yes. The State Uniform Fire Prevention and Building Code (9 NYCRR § 1161.2) requires premises that are not readily accessible from public roads to have access roads or fire lanes so fire department ap…
Can a New York town board create an official town letterhead and adopt a written policy that controls who can use it and for what purpose?
Yes. The town board has both general administrative authority (Town Law §§ 60(1), 63, 64(23)) and home rule authority (Municipal Home Rule Law § 10) to establish official letterhead and a use policy. …
When a New York school district sells off undeveloped surplus property that lies entirely within a village, does the village's subdivision review process apply, or is the school district immune as a separate government body?
The village's subdivision regulations apply. Under the balancing test from County of Monroe v City of Rochester, a 'governmental' label is not enough; the school district must show legislative intent …
Can a New York city pass a local law refusing to issue building permits, certificates of occupancy, or other property-related licenses to owners who are delinquent on real property taxes?
No. New York's Uniform Fire Prevention and Building Code Act only authorizes local laws imposing higher construction standards, not unrelated payment conditions. Subdivision and site-plan conditions m…
Can a New York city enter intermunicipal agreements with other cities so that a master plumber certified in one city can perform plumbing work in another without separate testing, and can a city waive certification for plumbers from outside who want to do just one job?
Yes, reciprocal agreements are authorized if the cities first standardize their plumber examinations and qualifications. But no, a city cannot waive certification even for a one-off job. The General C…
Can the same lawyer serve as a county assistant district attorney and as a member of a town's panel of special counsel that substitutes when the town, planning board, or zoning board attorneys are unavailable?
Yes. The two positions are compatible. Neither is subordinate to the other, and the prosecutor's duties do not inherently conflict with substitute representation of town legislative or land-use boards…
Can a county medical examiner release autopsy reports of TWA Flight 800 victims to the personal representatives of the victims' estates, even though the crash is under active federal investigation?
Yes, under State law. County Law § 677(3)(b) requires a coroner or medical examiner to furnish a copy of an autopsy report to the deceased's personal representative, spouse, or next of kin on applicat…
Was Southwest Texas State University's Aquarena Springs amusement park exempt from 1995 property taxes?
The Attorney General could not decide because the answer depended on disputed facts and contract construction. The opinion said state university property was exempt only when used for a public purpose…
Can one person be a municipal judge in two Texas cities at the same time?
A district attorney asked the Attorney General whether one person could serve as a municipal judge in more than one Texas jurisdiction at the same time. The Attorney General concluded that a paid muni…
Can Texas justice and municipal courts hear underage drinking cases that require alcohol-awareness classes or community service?
Yes. Under the 1995 jurisdiction amendments, the Attorney General concluded that justice and municipal courts could hear the listed minor-alcohol cases because an alcohol-awareness course was remedial…
After the General Assembly cut the NC Enterprise Corporation tax credit cap in mid-1996 and then repealed the credit altogether effective January 1, 1997, did the savings clause in the repealer let an existing enterprise corporation keep offering investors the old, higher credit for the remainder of 1996?
No. The AG concluded that Piedmont Venture Management's argument failed at multiple steps. An enterprise corporation never had a 'right' to offer tax credits to investors; tax credits are creations of…
In North Carolina's vehicle safety and emissions inspection program, who decides whether a station's violation is Type I, II, or III, and can the DMV Commissioner delegate that decision to staff?
The DMV Commissioner has direct statutory responsibility to determine emissions-program violation designations and penalties, but can delegate that authority to other Division employees as a matter of…
When the NC Utilities Commission collects refund money from a regulated utility through a stipulated settlement (not a formal Commission order requiring the refund), and the utility cannot find some of the overcharged customers, does that unclaimed money escheat to the State Treasurer like other unclaimed property, or does it stay with the Commission?
It escheats. The funds the Utilities Commission holds for unlocated customers under a stipulated settlement count as 'property held for the owner by a public corporation or authority' under N.C.G.S. §…
Can the public get a list of every Delaware business license holder's name and home address through a FOIA request?
No, under the law as it stood in 1996. The AG concluded that the names and addresses of Delaware business license holders are, as a general rule, protected from FOIA disclosure by a common-law right o…
Under the 1996 $1.8 billion school bond, does the State Board of Education send the bond proceeds directly to local school boards, or do they have to flow through the county commissioners first?
Through the county commissioners first. The Bond Act consistently uses the phrase 'grants to counties' and the School Budget and Fiscal Control Act prohibits school boards from spending any funds, inc…
Do Texas housing authorities have to hold open public meetings?
A state representative asked the Attorney General whether the housing authorities set up under chapter 392 of the Local Government Code, the bodies that run public housing for cities, counties, or gro…
What eye procedures can a Texas therapeutic optometrist perform?
The acting state health commissioner gave the Attorney General a list of eleven eye procedures the Optometry Board had approved for therapeutic optometrists (removing foreign bodies, scraping the corn…
Can the Texas State Board of Education set content rules for school textbooks?
The education commissioner and the chair of the State Board of Education asked whether the board could adopt a rule setting general content requirements for the textbooks it approves for public school…
If North Carolina forces me to leave a strip of my riparian land as a buffer to protect the Neuse River, is that a regulatory taking that requires the state to pay me?
Not in most cases, according to this opinion. So long as the buffer regulation leaves the property as a whole with 'a practical use and a reasonable value' (under Finch v. City of Durham and Agins v. …
Can a Maryland charter county create its own program offering cash grants to individual public schools that hit performance targets, or does the state's control over education law block that kind of county initiative?
Yes, within limits. The opinion concluded that a charter home rule county like Harford County may establish a school performance incentive grant program despite the State's preemption of education, as…
After the Governor declares a State disaster emergency in New York, does the State get command and control of local fire companies and other local emergency resources, or do those stay under local control?
Command and control of local fire companies (paid and volunteer) and other local emergency resources comes only through one specific mechanism: a temporary disaster relief organization created by the …
When is a New York real estate broker who fills out a purchase-and-sale contract for clients crossing the line into the unauthorized practice of law?
A broker can avoid the unauthorized practice of law in two ways: (1) by including a clause making the contract subject to approval by each party's attorney, or (2) by using a fill-in-the-blanks form a…
Can a New York county adopt a local law requiring food service establishments (restaurants, convenience stores, grocery stores) to employ at least one certified 'responsible on-site' food handler, or is that occupied by State law?
Yes. The county has home rule authority under N.Y. Const. art. IX, § 2(c)(10) and Municipal Home Rule Law § 10 to require food-handler certification. Neither the Public Health Law nor the Agriculture …
Can the Texas Medical Board regulate hyperbaric oxygen therapy?
The executive director of the Texas State Board of Medical Examiners asked whether the board could treat hyperbaric oxygen therapy (sealing a patient in a high-pressure, pure-oxygen chamber) as the pr…
Do veterans get to keep their Texas state job over others in a layoff?
The head of the state mental health agency asked whether a veteran on the state payroll has an absolute right to keep their job in a layoff (a reduction in force), or only an edge among equally qualif…
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