State AG Opinions
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Did Hurricane Katrina deadline suspensions extend a bail company's time to surrender a defendant in New Orleans?
The AG said a bail company's surrender deadline had to be evaluated case by case under the post-Katrina deadline statutes. It identified limited suspension windows and a motion procedure for some…
Did a private nonprofit raising money for a Louisiana state commission have to follow public deposit limits?
No. The AG concluded that the Louisiana Veterans Memorial Foundation was a private nonprofit, not a public body subject to the deposit limits in La. R.S. 6:748. Reporting its finances with a state…
What could Louisiana fire district firefighters receive for appearing as witnesses?
For the civil-case or administrative-hearing appearances covered by the cited statute, the AG said a salaried firefighter could receive pay from the employer or a $40 appearance fee, while an unpaid…
Could a Maryland county apply special-exception zoning rules to a public charter school in a privately owned building?
Yes if the charter school's facility was neither owned nor leased by a State entity such as a local board of education. The AG said county zoning could then require a special exception or…
Can a Louisiana 911 district use its dedicated tax for a shared voice radio system?
Yes, on the facts described. The AG said West Feliciana Parish's communications district could spend its dedicated enhanced-911 tax on a shared voice communications system for responding agencies…
Can a Texas municipal utility district that never provided service dissolve and refund leftover taxes?
The Attorney General concluded that Lake LBJ Municipal Utility District No. 2 could not be dissolved by the TCEQ as an 'inactive' district under Water Code section 49.321, because TCEQ rules require…
Could Folly Beach amend a building height ordinance enacted by voter referendum in 2006?
The Attorney General believed it could. No constitutional or statutory provision identified in the opinion barred a council from amending a referendum-enacted ordinance, and the state Supreme Court…
Can a Louisiana justice of the peace contract to operate an auto title company for the state?
The AG said Louisiana's dual-officeholding provisions did not prohibit the proposed independent-contractor arrangement. It did not decide whether the contract complied with the Judicial Code of…
Can a Louisiana town name its municipal complex after someone who is still alive?
No. The AG said R.S. 42:267 barred naming a municipally owned public building in honor of a living person unless another law authorized it. Its headnote applied that rule to a municipal complex.
Can the Louisiana Rice Promotion Board collect the rice assessment itself?
No. The AG said the Commissioner of Agriculture, rather than the Louisiana Rice Promotion Board, must collect the assessment. The commissioner then pays the board annually, less allowed…
Can a Baton Rouge Metro Council member also serve on the parish election supervisors board?
Yes. The AG concluded that an East Baton Rouge Metro Council member could also serve on the parish board of election supervisors. The board post was part time, and its per diem did not make it…
Which public accountability laws applied to Assumption Parish's volunteer fire departments?
The AG said a volunteer fire department primarily funded with public money and serving a public purpose was subject to public-records and audit oversight, plus fiscal review by its fire district. It…
Could an Orleans Parish assessor redirect her salary to hire more deputy assessors?
The AG said the assessor could not redirect her statutory salary allocation straight into her office's staffing budget. She could receive the salary and then donate it back to the office for…
When did Louisiana's freeport exemption cover goods stored before out-of-state shipment?
The AG did not decide whether either company in the request qualified. It said the assessor had to apply the constitutional and statutory exemptions to the facts, including whether goods were held…
Could a Louisiana parish council redirect library tax money to build a new branch?
The AG said the Lafourche Parish Council could change the library board's budget and direct tax proceeds toward a new library site and construction within the voter-approved tax purposes. The…
Did the disability retirement offset in La. R.S. 11:221 violate the constitution?
The AG concluded that the offset required by La. R.S. 11:221 was constitutional. The opinion relied on the presumption that statutes are valid and said the office knew of no court ruling against…
Could Louisiana’s practical nursing board raise licensing fees within an existing statutory range?
Yes, within the range already set by La. R.S. 37:977. The AG said that law had passed by the required two-thirds vote, so the board could raise fees without another legislative vote if it adopted…
Could Ponchatoula pay police employees’ missed retirement contributions after placing them in the wrong system?
The AG said Ponchatoula could pay the employer contribution owed for police employees who belonged in MPERS, but it could not lawfully pay their employee share. It advised identifying affected…
Could Louisiana Social Services ask its contractors for minority, faith-based, and community-based status after awarding a contract?
The AG said the Department could collect those categories for statistical and planning purposes after contracts were awarded. It considered voluntary answers more acceptable for faith-based and…
Could a Louisiana agency satisfy emergency-rule written notice by fax or PDF alone?
The AG did not say fax or PDF was expressly forbidden, but advised agencies not to rely on either alone to satisfy the emergency-rule statute's written-statement requirement. It recommended…
Could a Guardian ad Litem program director review child abuse records held by a volunteer guardian in 2006?
The Attorney General believed the program and its director could access the records, despite their confidentiality, but found the question of mandatory disclosure to directors and supervisors…
Could a city approve a condominium subdivision improvement agreement when a council member rented a unit and could receive tenant assistance?
The California AG concluded in 2006 that the city could enter the agreement on the stated facts: the tentative map and assistance program predated the member’s tenancy, the agreement carried those…
Did an out-of-state company vehicle kept or used in South Carolina need state registration and property tax in 2006?
The Attorney General said registration and property tax were separate questions. A nonresident vehicle could require registration based on its use in South Carolina, while business property tax…
Could Chesterfield County’s sheriff contract to police towns and receive additional pay in 2006?
The Attorney General said a sheriff could contract to provide law enforcement services to municipalities within the county. The town’s payment would go to the county general fund, and county council…
Which Louisiana sheriff paid retiree insurance when a deputy worked for more than one office?
For the sheriff offices covered by the rule discussed, the AG said an eligible deputy's last sheriff employer paid retiree health and life coverage even if earlier sheriff service supplied part of…
Could South Carolina candidates jointly solicit campaign contributions in 2006?
The Attorney General said they could jointly fundraise if campaign contribution limits and disclosure rules were followed. It found no Ethics Act ban on continuing joint solicitation and said the…
Could Florence County use its road maintenance fee for bridges and drainage in 2006?
The Attorney General said the county had authority to charge a road maintenance fee and believed a court would likely uphold the ordinance’s use of money for roads, bridges, and related drainage.…
Could California’s Prison Industry Board create a second civil-service-exempt job for its executive officer?
No. The California AG concluded in 2006 that the board had already used its single constitutional exempt employee position for the Prison Industry Authority’s general manager, so it could not create…
If a public agency uses a grant agreement to fund construction, does that take the project out from under Oregon's prevailing wage rate law?
No. The 2006 AG opinion concluded that the Public Contracting Code's grants exemption (ORS 279A.025(2)(c)) did not exempt grant-funded construction from the prevailing wage rate law. If a public…
If a Delaware state agency keeps its records in an electronic database, does FOIA require giving requesters the data itself, not just paper printouts?
Yes, according to this opinion. Once a public body maintains an electronic database, even one run by a private contractor, FOIA requires giving requesters the electronic data itself, not just paper…
Did Connecticut need environmental review when transferring surplus state land to a town?
It depended on the transfer. The 2006 AG opinion said a state agency had to evaluate a proposed changed use that might significantly affect the environment, while a transfer that merely continued…
Could a governor-commissioned South Carolina DNR officer also serve on a school board in 2006?
Yes. The Attorney General treated the commissioned DNR enforcement officer as a constable, an express exception to the state constitution’s dual office holding prohibition, so the officer could also…
Who owed South Carolina personal property tax on equipment under a $1 purchase-option lease in 2006?
The Attorney General believed a court would likely treat the lessee, Patricia Holding, as the tax owner because it treated the equipment as owned and depreciated it. The lease’s separate clause…
Could a county keep special education property taxes when a school district took over the program?
The California AG concluded in 2006 that the county superintendent could retain the taxes if they funded other special education programs while access countywide was maintained. State and federal…
Did Kenner owe back pay after suspending its chief administrative officer before a felony conviction?
Yes. The AG said Kenner improperly suspended its chief administrative officer without pay before any felony conviction. It concluded he was owed salary, insurance, and retirement benefits from the…
Can I file a 'common-law copyright' on my name at the Texas county clerk's office?
The Attorney General concluded that a county clerk cannot file or record a 'common-law copyright' notice. A county clerk may record only documents that a statute authorizes, requires, or permits,…
Do health insurance and a car allowance count as pay for a Texas city's mayor and council under the city charter?
The Attorney General offered a general observation that health insurance premium payments and fixed car allowances exceeding actual expenses count as 'compensation' for a city's mayor and…
Can a Texas family bury relatives on their own land without filing cemetery paperwork with the county?
The Attorney General concluded that an unincorporated family burying its own members on family-owned land is not a 'cemetery organization' under chapter 711 of the Health and Safety Code, so it is…
Is the Texas Office for the Prevention of Developmental Disabilities an independent state agency?
The Attorney General concluded that the Office for the Prevention of Developmental Disabilities was not subject to the fiscal control or oversight of the Health and Human Services Commission, which…
Do judicial misconduct investigation records become public after a probable cause finding?
The AG concluded that once Connecticut’s Judicial Review Council found probable cause on a judicial misconduct complaint, the public could see all investigative records for that matter, including…
Who appoints planning commissioners in a California general law city with an elected mayor?
The California AG concluded in 2006 that the elected mayor selected planning commissioners, but each appointment required city council approval.
Who had to prepare a criminal defendant's commitment sheet in Louisiana court?
The AG said the duty to prepare a criminal commitment sheet belonged to the judge, not the court crier. Court staff could prepare the sheet under the customary procedure the opinion described.
Could a California LAFCO make city incorporation depend on voter approval of a general tax, and approve that condition by majority vote?
Yes. The California AG concluded in 2006 that a local agency formation commission could condition incorporation on the proposed city’s voters approving a general tax. The commission could adopt that…
Could a school board quorum agree on a budget by phone before its public meeting in 2006?
The Attorney General said that, if the reported facts were true, a quorum’s private phone discussions and prearranged budget decision likely violated South Carolina FOIA. The office could not…
Could a California online charter school receive state funding for students living outside its county and adjacent counties?
No. The California AG concluded in 2006 that an online charter school could not claim state funding for students outside its chartering county and neighboring counties, because online nonclassroom…
What fee could a sheriff collect when a judgment creditor bought property with a credit bid in 2006?
The Attorney General said the sheriff could charge the judicial-sale service fee even though no money changed hands. The sheriff could not also charge the commission for money collected, because no…
How did a California general law city calculate a council salary increase after several years, and could it raise a mayor’s extra pay midterm?
The California AG concluded in 2006 that the authorized annual percentage was applied to the salary actually being received for the years since the last adjustment, without compounding on unreceived…
Can a Louisiana state education board employee also serve on a local school board?
No. The AG said employment with Louisiana's State Board of Elementary and Secondary Education was state executive-branch employment barred alongside a local elected school-board seat. The exception…
Could South Carolina juvenile agencies delay a mandatory age-17 transfer or use suspended commitment orders in 2006?
The Attorney General said agencies could not delay a required transfer of an unreleased juvenile committed for the specified serious offenses beyond the seventeenth birthday. It separately said a…
Were vehicle underglow and briefly flashing brake lights allowed under South Carolina law in 2006?
The Attorney General knew of no specific ban on undercarriage neon lights if their installation and colors complied with the vehicle lighting rules. It said flashing lights, including the described…
Could one California county officer serve as treasurer, auditor, and tax collector and also sit on the county retirement board?
The California AG concluded in 2006 that the three finance offices could be consolidated by ordinance despite their ordinarily conflicting audit duties. A treasurer who was also auditor could serve…
Could the Town of Jackson amend its charter to allow higher ordinance penalties?
The AG found the Town of Jackson's proposed charter amendment consistent with state law and recommended gubernatorial approval. The proposal allowed ordinance penalties of up to $500, sixty days'…
Can Delaware town council members each call the town manager separately about the same issue without triggering open meetings law?
Under the law as it stood in 2006, yes, according to the AG. FOIA's open meeting rule only applies once a quorum of the body is involved, and here at most three of the town's seven council members…
Could voters leaving a Lafourche recreation district still vote on its millage renewal before the boundary change?
Yes. The AG said qualified electors domiciled in Recreation District No. 1 on the date of the millage-renewal election had to be allowed to vote, even if a boundary change would move them to another…
Could East Baton Rouge extend BREC commissioners’ three-year terms to four years by changing its home rule plan?
No. The AG said the Metro-Council's proposed four-year term conflicted with La. R.S. 33:4570.1's three-year term for appointed BREC commissioners, which carried forward the older constitutional…
Could Lake Charles donate city land to a nonprofit for affordable housing after Hurricane Rita?
The AG said Lake Charles could donate land for its affordable-housing program for needy families if the program had objective eligibility requirements. For a donation through the proposed…
Could Norco volunteer fire chiefs on call use publicly funded vehicles for occasional personal trips?
Yes on the facts presented. The AG said occasional personal use by Norco's fire chief and assistant chiefs did not violate Louisiana's public-funds rule because their assigned vehicles let them…
Could Gretna’s council bar its mayor from placing any item on a council meeting agenda?
Generally, the council’s agenda ordinance bound the mayor. But when the mayor called a special or emergency council meeting, the statute required him to state the business or purpose, so the…
Could a South Carolina DMV employee run for town council in 2006?
The Attorney General found no state statute barring a state employee from seeking elected office and said this DMV administrative employee’s council service would not violate dual office rules. The…
Were a mortgage authority trustee's votes and bonds valid after he moved out of the parish?
The AG said the trustee's votes, board documents, and bond approvals remained valid because he was a de facto officer after moving out of the parish. The Authority could not recover his per diem for…
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