State AG Opinions
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Can someone serve as both a Mississippi school board member and a city alderman at the same time?
No. A school board member is in the executive branch, exercising core executive powers. A city alderman is in the legislative branch, exercising core legislative powers. The Mississippi…
Can a Mississippi city donate funds directly to a 501(c)(3) running a county-owned homeless transition center, or only through the county?
The local-and-private bill (H.B. 1801) authorizes Sunflower County to contribute extra funds, but does not authorize the City of Indianola to give money to the County. The City can, however,…
Can a South Carolina AG opinion order a state board to take a specific action, or is it only advice?
The AG says its opinions interpret the law but do not direct parties to act. Its March 27 Corn Board opinion remains unchanged, yet it orders neither the board nor the Agriculture Commission to take…
Is South Carolina's statute making it a misdemeanor to disturb religious worship (S.C. Code § 16-17-520) constitutional, and can it be enforced against protesters who use blasphemous, profane, or obscene language near churches?
The Attorney General concluded that § 16-17-520 does not violate the cited federal or state constitutional provisions. The opinion notes that courts have invalidated some blasphemy statutes, but…
Did Missouri approve the fiscal note summary for Bradley Ketcher's initiative petition 2026-038?
Yes. The attorney general approved the summary's legal content and form; it estimated up to $473,665 in annual income and corporate tax losses and an unknown sales-tax impact if service departments closed.
Did Missouri approve the fiscal note summary for Bradley Ketcher's initiative petition 2026-037?
Yes. The attorney general approved the summary's legal content and form; it estimated up to $473,665 in annual income and corporate tax losses and an unknown sales-tax impact if service departments closed.
Can a Mississippi public community college write off and permanently extinguish uncollectible student accounts receivable, or does the state constitution forbid that?
No. Article IV, Section 100 of the Mississippi Constitution prohibits a public community college from permanently extinguishing uncollectible student account balances. The college can use accounting…
When the Cabot Police Department received a FOIA request for an officer's suspension letters and a citizen complaint, which had to be released and which could be withheld?
The AG found the planned release of all three suspension letters and the Citizen Complaint/Compliment Form consistent with FOIA. The letter that omits suspension grounds and the form are personnel…
Does Arkansas's cleft-palate and craniofacial insurance coverage law apply to Medicaid, and how much dental work does it require an insurer to cover?
Sometimes. Whether a Medicaid program is a 'health benefit plan' under § 23-79-1501 depends on how that particular program operates; the AG does not classify any named program. A covered plan must…
Can a county pledge money it gets from the state's Property Tax Relief Fund as security for bonds that finance library capital improvements (a new building, renovation, etc.)?
The answer depends on the underlying county millage. Relief fund distributions must be used for the same purposes and in the same proportions as the property taxes they replace. When county library…
Must Louisiana district public defenders get oversight board approval for large legal services contracts?
No, when the district contract does not involve the Office of the State Public Defender. The Attorney General concluded that the oversight board's approval requirement for legal representation…
Did Missouri approve the fiscal note summary for Jamie Howard's initiative petition 2026-036?
Yes. The attorney general approved the fiscal note summary's legal content and form; it estimated no state or local government costs or savings, and the review did not assess that estimate's…
Did Connecticut's transfer of interest earned on federal ARPA funds into the General Fund break the law on legislative oversight of pandemic relief money?
No. Interest earned by the State Treasurer on invested ARPA money defaults to the General Fund unless a statute says otherwise, and Special Act 21-1 says nothing about interest. The federal…
Do local South Carolina Foster Care Review Board volunteers get mileage and per diem for community events, virtual trainings, or driving across town to attend a virtual case review in person?
Local Foster Care Review Board volunteers can receive mileage, per diem, and subsistence only for attending board meetings, not for community events. Virtual trainings may or may not qualify…
If the ACLU asks the Delaware Department of Correction for outside counsel fee agreements and invoices, does the agency have to actually search for them and respond on time?
The Delaware Department of Correction violated FOIA twice: by missing the 15-business-day response deadline on the ACLU's January 29, 2025 revised requests, and by failing to demonstrate an adequate…
When a vacancy on a California municipal utility district board is filled by appointment, does the appointed director have to step down on election day, leaving a gap, or do they keep the seat until the elected successor is officially seated?
No. Under Public Utilities Code section 11865, an appointed municipal utility district board member steps down when the elected successor takes office upon certification of the election. The AG read…
Can a US Department of Labor administrative law judge serve on Mandeville's planning and zoning commissions?
No. The Louisiana AG concluded that the state's dual officeholding law prohibits a federal Department of Labor administrative law judge from also holding the Mandeville planning and zoning…
Who must cut grass in roadside ditches in Vivian, Louisiana?
Responsibility depends on ownership or control. The Attorney General said Vivian must maintain ditches it owns or over which it has a servitude; private owners maintain ditches on their land without…
Does an Arizona community college have to sign federal civil rights and FERPA assurances that the U.S. Department of Education sent to State Educational Agencies and Local Education Agencies?
The AG concluded that the March 28 and April 3 federal letters do not, on their face, request or require assurances from Pima County Community College District, which is neither an SEA nor an LEA.…
Can the Oklahoma Ethics Commission still investigate me for ethics violations after I leave state government?
Yes. The Ethics Commission has jurisdiction over former state officers and employees for acts or omissions that happened while they were in state service. Resigning does not insulate you from…
Can a county commissioner's chief deputy talk to another commissioner about county business outside a public meeting?
It depends on what hat the chief deputy is wearing. If the chief deputy is exercising the commissioner's delegated authority (or filling in during the commissioner's absence), conversations with…
Someone made a FOIA request for the personnel files and job applications of three of our city's police officers. As the custodian, what do I have to redact and what must I release?
The job applications (titled 'personal history statements') are personnel records and the AG agrees they go out, but with corrections to the redactions. You correctly redacted SSNs, personal contact…
If my local Mississippi community college does not offer a CTE class my child wants, can a neighboring community college (or its curriculum at a neighboring school district's vo-tech) provide it for dual credit?
Yes for the neighboring community college's campus, no for a neighboring school district's vo-tech center. Section 37-73-5 lets a high school student take a CTE dual credit course on another…
Can a Washington prosecutor remove a law enforcement officer's name from the office's potential impeachment disclosure (Brady) list, and what circumstances justify removal?
There is no authority for removing an officer's name from a Brady list based simply on the passage of time. Other circumstances (a 'pending' status investigation that exonerates, or new information…
Does Kansas City, Kansas's Community ID card program for undocumented residents break state or federal law?
The Attorney General concluded that neither issuing nor possessing a Kansas City, Kansas Community ID card violates the state's human smuggling statute, K.S.A. 21-5432(a)(1), because the card does…
How much can a Mississippi city pay a county to house its municipal inmates in the county jail?
Yes. Under amended Section 19-25-73(3), municipalities may pay a county up to $25 per day for the first 30 days a municipal pretrial detainee or prisoner is in the county jail, and up to $32.71 per…
Can a Mississippi county employee use the county work vehicle to drive to meetings and business of a separate compensated state board position?
No. The personal use of a county vehicle for travel to a separately compensated elected state board position is an impermissible donation of public funds under Article IV, Section 66 of the…
Does Mississippi law require a chiropractic extern applicant to pass all four parts of the National Board exam, or just some?
The statute (Section 73-6-14(1)) does not specify which parts of the National Board exam an applicant must pass. The Board of Chiropractic Examiners has broad authority to set academic and…
Can Oklahoma's wildlife agency be forced to pay counties an annual 'in lieu of tax' on its land?
No. Section 3-303(C) of title 29, which requires the Oklahoma Wildlife Conservation Commission to pay counties an amount equal to ad valorem taxes on its property, is unconstitutional. State…
If a Delaware city intern asks to speak during the public comment period at a council meeting, can the city refuse just because the intern is on city staff?
No. The City of Milford violated FOIA by refusing to let an unpaid intern speak during the public comment period of a January 13, 2025 council meeting on two cannabis ordinances. FOIA's public…
Can a Louisiana justice of the peace also serve as the full-time town clerk for a Lawrason Act municipality?
No. Louisiana's Dual Officeholding and Dual Employment Law prohibits a justice of the peace (an elective office) from holding a full-time appointive office in any political subdivision of the state.…
What problems did the Idaho AG flag with the proposed grocery sales tax exemption ballot initiative?
Two main concerns. The Certificate of Review found the initiative (1) failed to define 'food sold for human consumption,' which matters because Idaho courts strictly construe tax exemptions against…
After Wilmington was ordered to redo its FOIA response on the homeless-bench dispute, did its second answer satisfy the attorney-client and investigatory-files exemptions?
Yes. The City of Wilmington's supplemental response satisfied FOIA. The City Solicitor's affidavit established the withheld records were either attorney-client communications between police/mayor…
After the 2025 amendment, does the Clarendon County School District board still set its own budget and millage, or does county council have to approve them?
The district must submit its proposed budget to Clarendon County Council for approval. Council may decline it; if council approves it, it must first hold a public hearing and then adopt the budget…
Why did the Attorney General reject David Couch's revised initiative and referendum amendment for a second time in April 2025?
Couch's second submission fixed two issues from the first rejection (Opinion 2025-018) but introduced new ones. The revision narrowed the AG's certification standard from 'not misleading' to only…
Can an Arkansas city council member legally attend meetings and vote remotely (Zoom or phone) when the Governor hasn't declared an emergency, and can the city pass its own ordinance authorizing that?
As of April 14, 2025, the AG answered 'Possibly' on remote attendance and voting without a Governor-declared emergency: two interpretive rules pointed in different directions, and he could not…
Does Delaware's FOIA six-hour agenda rule apply to the Senate Judiciary Committee when it swaps out a bill three hours before its hearing?
No. The Senate Judiciary Committee did not violate FOIA when a substitute version of Senate Bill 21 replaced the original bill three hours before the March 12, 2025 hearing. The General Assembly,…
Did Missouri approve the form of Bradley Ketcher's initiative petition 2026-038?
Yes. The attorney general approved petition 2026-038 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 Bradley Ketcher's initiative petition 2026-037?
Yes. The attorney general approved petition 2026-037 as to form, but the secretary of state retained final authority to approve or reject it, and the opinion did not decide substantive sufficiency.
When a Delaware public body responds to a FOIA request, what does the affidavit have to actually say to prove the search was adequate?
The Village of Arden violated FOIA twice: once by relying on a single committee chair's blanket statement that all responsive records had been produced (without specifying who searched, what was…
Do South Carolina magistrate's constables count as 'law enforcement officers,' and does the magistrate's office have to comply with LETC minimum standards for law enforcement agencies?
No. A magistrate's constable is not a 'law enforcement officer' under S.C. Code § 23-23-10(E)(1), so the magistrate's office is not a 'law enforcement agency' subject to LETC minimum standards under…
Did Missouri approve the form of Jamie Howard's initiative petition 2026-036?
Yes. The attorney general approved petition 2026-036 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 summary for a proposal on officeholding, legislative conflicts, initiative rules, and foreign campaign funds?
Yes. The attorney general approved the proposed summary statement's legal content and form; the proposal combined officeholding restrictions, legislative conflict rules, initiative-process changes,…
Did Missouri approve the summary statement for banning firearm possession by minors without parental consent?
Yes. The attorney general approved the proposed summary statement's legal content and form; it described barring people under 18 from possessing a firearm without parental or guardian consent.
Can a Kentucky county pay first-time homebuyer grants or forgivable loans to its own employees?
Yes. The Attorney General concluded that a fiscal court may set up a program that helps county employees buy a first home, through a grant or forgivable loan, as long as it is structured as part of…
Can Washington county commissioners enact midterm increases to their own health insurance contributions, cash-in-lieu payments, or convert health benefits to cash before their next term begins?
Possibly to the first, no to the other two. The Washington AG concluded that midterm increases to the cost of a health-benefit plan that meets RCW 41.04.180 are not constitutionally barred (because…
If a Delaware school employee asked for a public termination hearing and then changed their mind, can a journalist still get the hearing officer's report and exhibits under FOIA?
No. Brandywine School District properly denied a News Journal reporter's request for the hearing officer's report and exhibits from a teacher's January 2025 termination hearing. Even though the…
When the City of Little Rock got a FOIA request for an employee's personnel file and emails, which redactions on her job applications, salary memo, and performance reviews were correct?
Only partly. Arkansas FOIA required disclosure of employee names, salary data, equity scores, and reference names, but required redaction of employee ID codes and some public-employee reference…
Does a Mississippi disabled veteran have to be unemployable to qualify for the full homestead exemption, or is VA documentation enough?
Section 27-33-67(2)(a) does not require the veteran to be unemployable in the civilian job market. The opinion identifies required documentation of service-connected total disability and honorable…
Does Mississippi's 3,000-foot residency rule for sex offenders cover state parks, walking trails, or hiking areas, and how do you measure the distance?
Whether a specific park, state forest, walking track, or trail counts as a 'playground or recreational facility' for the 3,000-foot residency restriction is a factual call by local authorities. The…
When the City of Hampton received a FOIA request for a former police officer's personnel file, which pieces of information could the city release and which had to be blacked out?
Most of the personnel file is releasable. The custodian properly redacted the officer's phone number, address, date of birth, social security number, and the beneficiary name and relationship on…
If a Mississippi city had cleanup costs against a property but the property was sold by the State to a new owner, can the city still collect from the new owner?
If the city did not impose or file a cleanup lien before the State's buyer purchased, and the buyer had no actual or constructive notice, the lien does not bind that buyer. The opinion does not…
Can a California city require that the bonus market-rate units a developer earns under the state Density Bonus Law also be sold or rented as affordable?
No. Government Code sections 65915-65918 set a state formula for how many bonus units a developer earns per affordable unit. A city or county that requires those bonus units to themselves be…
Now that the Legislature has stripped the elected State Board of Equalization of most of its tax-administration duties and given them to a new agency, can the Citizens Compensation Commission cut the Board members' salaries to match?
Yes. Under California Constitution article III, section 8, subdivision (h), the Citizens Compensation Commission must consider time spent performing official duties and the responsibility and scope…
When do laws passed in Kentucky's 2025 Regular Session take effect?
June 27, 2025. The Attorney General concluded that, under Section 55 of the Kentucky Constitution, most legislation from the 2025 Regular Session takes effect on Friday, June 27, 2025, which is when…
Does dividing a Surfside Beach lot, by itself, end the property’s nonconforming status under the town’s zoning code?
The AG says a court is unlikely to find that subdivision alone ends the property’s nonconforming status because the reviewed Surfside Beach ordinances do not expressly say it does. The opinion does…
Under Tennessee's Age-Appropriate Materials Act, what procedures govern challenges to school library books, who decides if a book gets removed, and can a removed book still be used in classroom instruction?
The local school board adopts the procedures and makes the call. Once a parent, student, or employee challenges a book, the board has 60 days to decide whether it meets the Act's age-appropriateness…
Did Delaware's Joint Legislative Oversight and Sunset Committee have to post a FOIA meeting agenda?
No. The AG found that the Joint Legislative Oversight and Sunset Committee is part of the General Assembly and therefore exempt from FOIA's meeting-agenda requirement under 29 Del. C. § 10004(e)(1).…
Can a Jeanerette alderman work full-time for the Iberia Parish Sheriff?
Yes, under the Louisiana dual officeholding law as applied in this opinion. The AG concluded that the alderman's city office and salaried work for the sheriff were in separate political…
Can a South Carolina commodity board hold its producer assessment funds in its own outside bank account against the Agriculture Commission's instructions, and what can the Commission do about it?
No. A South Carolina commodity board may not hold assessment funds outside the Agriculture Commission's oversight against its instructions. The Commission can seek court relief. Criminal prosecution…
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