State AG Opinions
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Could West Columbia collect its own 911 surcharge or reclaim county collections for its police dispatch center?
The AG said West Columbia had no basis to collect a separate 911 charge while it was part of Lexington County’s approved system plan, nor to demand previously collected charges. He noted the city’s…
Could federal marshals directly access Connecticut's rearrest warrant database?
Yes. The 2006 AG opinion said federal marshals met Connecticut's definition of a criminal justice agency, so state law did not bar the Judicial Branch from providing direct access to its rearrest…
Are paid guardians ad litem in the New York City Civil Court Housing Part program covered by the State's defense and indemnification under Public Officers Law § 17?
No. Guardians ad litem who receive $600 per case from New York City Adult Protective Services for their work in the Civil Court's Housing Part GAL program are not eligible for state-provided defense…
Did Louisiana's 2006 disaster-aid information law require the Red Cross to give recipients' names to sheriffs?
No under the statute the AG interpreted. It concluded that the American Red Cross was not a “state or local agency” required by the 2006 disaster-aid provision to provide recipients' available…
Can an Amite city council member volunteer as an unpaid reserve police officer?
Yes, if the reserve police position was unpaid. The AG said that without salary or per-diem compensation it was not employment under the dual-officeholding statute. The person still had to meet…
Can a Louisiana city sell surplus land to a lower bidder because it prefers that bidder's proposed use?
No for the sale proposed. The AG said Lake Charles could not sell appraised surplus property to a lower dollar bidder merely because it preferred that buyer's planned use. Once publicly offered with…
Could Ascension Parish's president veto council rules for a government access channel?
Yes. The AG said the parish president could veto the council ordinances creating an advisory board and setting Channel 21 policies. Those ordinances were substantive measures, so they did not…
Can a homebound or blind Louisiana voter give someone else power of attorney to cast their vote?
No. The AG said a person's fundamental voting right could not be assigned to another through a power of attorney. It pointed instead to voting assistance and absentee procedures available to…
Were Louisiana police chiefs' required training hours suspended during the 2005 spending freeze?
The AG said the executive spending freeze justified suspending the required LEEMI continuing education training from September 19, 2005, through March 29, 2006, when the Division of Administration…
Can a Texas county hire a road administrator instead of a licensed road engineer?
The Attorney General concluded that under section 252.304 of the Transportation Code, a county commissioners court running a county road department generally must appoint a licensed professional…
Does a Texas hospital district have to run an emergency ambulance, and can it pay incentives to recruit a doctor?
The Attorney General concluded that a county hospital district is not legally required to run emergency ambulance service; ambulance service is a discretionary, ancillary function, so the Sabine…
If a Texas county abandons a road, who gets the drainage easement, and does the county have to sell it?
The Attorney General sorted out which of three statutes governs when a county gives up a drainage easement or right-of-way. If the easement is part of a public road, then under Transportation Code…
Can a county use federal Justice Assistance Grant money to pay sheriff or constable overtime?
The Attorney General concluded that a county taking part in Operation Linebacker may not use Justice Assistance Grant (JAG) funds to compensate its sheriff or constable, including for overtime. A…
Who approved and audited spending in Maryland's victim and witness protection program in 2006?
The State's Attorneys' Coordinator approved individual prosecutors' program expenditures; GOCCP checked authorization, apparent program fit, and budget limits without revisiting those approvals. The…
Can a Delaware public housing authority refuse a reporter's records request by citing a lawsuit filed by someone else?
No, according to this opinion. FOIA's pending-litigation exemption is meant to stop a party to a lawsuit from using a records request as a shortcut around court discovery rules; it doesn't let an…
Can Iberville Parish's finance director also serve on the elected school board?
No. The AG classified Iberville Parish's finance director as a full-time appointed office under its charter. R.S. 42:63(D) barred holding that office alongside an elected parish school-board seat.
Can a Monroe city council member also work as a paid reserve police officer for the city?
No. The AG said a Monroe city council member could not also serve as a compensated reserve police officer for Monroe. State law barred employment in the same political subdivision, and the city's…
Did a school principal's role in awarding a defender-board contract to a school board member raise a conflict of interest?
The AG found no violation of Louisiana's dual-officeholding laws in the positions described. It did not decide whether awarding the contract raised an ethics conflict; it directed that question to…
Can a Louisiana clerk sign a bank collateral agreement that limits approval of securities for court registry funds?
No. The AG said the proposed collateral and custodian agreements conflicted with Louisiana's local-depository law because they limited the clerk's ability to approve the securities securing court…
Could a Louisiana fire department fence off a neighbor's route across its land?
It depended on whether the neighbor's parcel was enclosed and whether a nearer public-road route existed. The AG said the department could re-erect its fence if the owner had other public-road…
Could two Louisiana parish party committees share an office and split its costs?
Yes. The AG said the Bossier and Caddo parish party committees could share an office and divide rent and telephone costs, with the payments reported as expenditures or intercommittee transfers as…
Did Louisiana’s AG consider the proposed Nurse Licensure Compact an unconstitutional delegation?
Yes, for the proposed compact the AG reviewed in 2006. It said absolute reciprocity would let other states set qualifications for nonresident nurses practicing in Louisiana without Louisiana’s…
Did Concordia Parish have to keep paying a justice of the peace during an interim judicial disqualification?
The AG did not decide whether the parish had to continue paying the justice of the peace. It found no definitive rule for this interim disqualification and said the Louisiana Supreme Court, which…
Did Alexandria’s reimbursed subdivision infrastructure agreements have to follow Louisiana’s public bid law?
Yes for the agreements described. The AG said the public bid law applied when Alexandria reimbursed a developer for infrastructure on public land, or on private land that would be completed,…
Could a Louisiana fire district keep taxing land annexed by a city without a service agreement?
Yes. The AG said St. Tammany Fire District No. 12 could continue collecting taxes on land annexed by Covington because no agreement gave the city exclusive service jurisdiction there. It also said…
Did a South Carolina law-enforcement applicant still need a South Carolina driver’s license after the 2006 amendment?
The AG concluded that ordinary law-enforcement certification candidates still needed a South Carolina driver’s license despite the amended phrase “state driver’s license.” He read the separate…
Can Federal Reserve notes be used as collateral for Texas state repurchase agreements?
The Attorney General clarified an earlier opinion (GA-0324) and concluded that Federal Reserve notes are eligible collateral for the state's direct security repurchase agreements. Under federal law,…
Did Maryland's Tort Claims Act protect a private lawyer volunteering for a public defender client?
Yes, if the attorney represented an eligible public defender client through a formal volunteer program or had been formally recognized as a volunteer before assignment. The AG said the lawyer then…
Could someone serve on both Georgetown County’s parks commission and the Waccamaw Equal Opportunity Council?
Yes. The AG found membership on Georgetown County’s Parks and Recreation Commission was not a public office because the commission was advisory and did not exercise sovereign power. It therefore did…
Could Richland County fund its regional transit authority with property taxes or vehicle registration fees?
The AG concluded that Richland County could use property-tax revenue and vehicle registration fees for the regional transit authority, subject to the Regional Transportation Authority Law. The…
Title companies and real estate data vendors want to buy in bulk all the digital images of recorded real estate documents (deeds, mortgages, etc.) that the Georgia Superior Court Clerks Cooperative Authority makes available through its statewide system. Can the Authority sell those images itself?
No. The Authority's statutory powers don't include selling those images. The clerks of superior court are the record custodians under O.C.G.A. § 15-6-96, and that statute specifically reserves the…
Georgia passed a 2006 law (HB 101) letting peace officers who were denied membership in the state retirement fund before 1976 because of their race or ethnicity now claim retirement credit for that pre-1976 service. But Georgia has another law that automatically repeals retirement bills if they aren't 'concurrently funded.' Does the funding requirement repeal the racial-justice retirement credit?
No. The 2006 Act does not have an immediate fiscal impact because it doesn't actually grant retirement credit until the application/funding process plays out. Eligible peace officers had to apply…
Can the Georgia State Personnel Board (or the Merit System Commissioner) make rules that bind state agencies whose employees are NOT classified Merit System employees? Can the Governor expand the Board's reach by executive order?
No to both. The State Personnel Board's rule-making authority extends only to 'covered departments' (those with at least one classified employee) and to the classified employees themselves. The…
Which offenses on the GCIC list did the Georgia AG designate for fingerprinting in Opinion 2006-2?
The AG designated 7 of 15 reviewed offenses for fingerprinting: deceptive commercial email, pyramid schemes, a retailer's purchase of pseudoephedrine from an unlicensed source, unlicensed wholesale…
Could a Limestone College trustee also serve on the South Carolina State University board?
Yes. The AG reaffirmed its 2005 conclusion that a South Carolina State University trustee held a public office, but a Limestone College trustee did not; holding both positions therefore did not…
Can a police officer refuse internal-affairs questions about a spouse by claiming marital privilege?
The California AG concluded in 2006 that the confidential-marital-communications privilege did not apply during the internal affairs interrogation it examined. After warning that refusal could lead…
Could a Kentucky state retiree working again receive a second public health contribution for cafeteria benefits?
No. The AG said a retiree already participating in state health coverage could not receive another public employer's health contribution through later employment, even if redirected to other…
Did Greenwood School District 50 need a referendum to issue bonds above its debt limit?
A school district needed voter approval to issue general-obligation debt above eight percent of its assessed taxable property value. The AG did not determine whether Greenwood School District 50’s…
Could Spartanburg’s city attorney or deputy city attorney serve on the state charter school board?
The AG concluded that the deputy city attorney described in the request could serve on the state charter school board because her job was not a public office. It concluded, with some doubt, that the…
Could a South Carolina town move its election date if the change shortened council members’ terms?
The AG said a municipality could change its election date by ordinance under section 5-15-50, even if that incidentally shortened incumbent council members’ terms. The opinion described the change…
Did an out-of-state sexually violent predator designation trigger South Carolina’s more frequent registration rule?
The AG read the 2006 statute to apply the more frequent verification rule to a person designated a sexually violent predator by a court in another state who moved to South Carolina. SLED itself had…
In a New York fire district that has both paid and volunteer firefighters, can the paid firefighters vote at the annual meeting to nominate the volunteer fire chief and assistant chiefs?
Yes. Paid firefighters employed by a fire district are members of the fire department under Town Law § 176(11-a) and are eligible to cast ballots at the annual meeting that nominates the volunteer…
May a Louisiana parish pay private lawyers a contingency fee to defend an assessor's tax reassessment?
The AG said an assessor could hire private counsel for taxpayer reassessment proceedings, and a parish governing authority could do so where it had a direct financial interest and followed…
If a Washington city stopped its optional sales tax, could the county collect it and share revenue with the city?
In 2006, the AG said the county could collect its own optional tax if it had imposed one. A city choosing the alternative real estate excise tax could not simply receive part of the county’s sales…
Did Briarcliffe Acres need a public vote before building the proposed sewer collection system?
A referendum was required if Briarcliffe Acres itself acquired the proposed sewer system. The AG could not determine from conflicting accounts whether the town or a private citizen group was…
Could a Mount Pleasant council member remain on the Patriots Point Development Authority board?
No. The AG reaffirmed an earlier opinion that both the Mount Pleasant Town Council seat and the Patriots Point Development Authority board seat were public offices. Simultaneous service violated the…
Could a South Carolina county raise neighbors’ property assessments after one homeowner appealed?
The AG found no property-tax appeal provision allowing an assessor to reassess neighboring homes just because one owner challenged an assessment. Generally, reassessment had to follow countywide…
When a Minnesota city collects criminal background data on candidates for city council, is that data treated as private under the Government Data Practices Act, or is it presumptively public?
Presumptively public. The AG concluded that candidates for city council are not 'applicants for employment' under Minn. Stat. § 13.43, so background data the city collected on them was not private…
Could the South Carolina legislature impose development impact fees only in Dorchester County?
The AG said the General Assembly could not pass a county-specific law imposing development impact fees in Dorchester County because the state constitution prohibited that special legislation. The…
Did moving an exempt dry-cleaning shop to a new site require payments to South Carolina’s cleanup fund?
Yes. The AG concluded that an existing nonhalogenated dry-cleaning facility’s exemption was tied to the facility at its original location. When that business moved to a different site, payments to…
Can a community college board renegotiate faculty health benefits when one trustee receives matching retiree benefits?
The California AG concluded in 2006 that the board could renegotiate the benefits, but the financially interested trustee had to stay out of all discussions, negotiations, and decisions.
Did a school violate South Carolina law by asking a driver to leave a football game because of a political sign?
The AG did not decide whether the school violated the statute. It found the sign to be protected political speech and rejected the statute’s rented-property clause for the school parking lot, but…
Could a Union City Council member also serve on the county fair board or work in emergency preparedness?
The AG concluded that the county fair board seat and city council seat were both public offices and could not be held simultaneously. It treated the assistant emergency preparedness director…
Could Gray Court hire a private security firm to perform town law enforcement?
The AG said Gray Court could not contract with a private security company to exercise the town’s law-enforcement powers. It identified approved off-duty work by county sheriff’s deputies as a…
Could a Union County emergency services employee serve on Union City Council without a supervisor conflict?
The AG found no master-servant conflict between Union City Council service and the described county assistant emergency services director job. It did not resolve possible State Ethics Reform Act…
What did “dependability of service” mean when South Carolina assigned electric service areas?
The AG read “dependability” in section 58-27-640 as the reliability of electric service, including a supplier’s ability to provide continuous service to existing customers. It said the Public…
Can a New York county use its public defender's office to represent indigent people in Mental Hygiene Law Article 81 guardianship proceedings?
Yes. A county whose article 18-B plan uses a public defender may rely on the public defender to represent indigent allegedly incapacitated persons when a court appoints counsel in a Mental Hygiene…
Did an appointed Louisiana police juror have to meet the same qualifications as an elected juror?
Yes. The AG read the vacancy statute to require a police jury appointee to meet the office's qualifications, including those specified for elected police jurors by R.S. 33:1225.
Could a South Carolina pathology lab bill a patient for a specialist consultation performed by another lab?
The AG said a primary laboratory that performed anatomic pathology and referred a sample to a specialist laboratory could pay the specialist and bill the patient or insurer for both sets of…
Can a Texas school board trustee also serve as county clerk?
The Attorney General concluded that a school district trustee is not, as a matter of law, barred from simultaneously serving as county clerk of the county where the district sits. The constitutional…
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