State AG Opinions
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Can a Texas public board use boilerplate agenda language to slip into a closed session, and can it meet privately to discuss hiring a law firm?
Two answers. First, no: generic boilerplate on every agenda saying the board 'reserves the right' to go into executive session is not enough notice, by itself, to alert the public that a particular su…
Should a sheriff's office release the disciplinary file and resignation letter of a deputy who resigned in lieu of termination?
Yes, the records should be released. AG Tim Griffin agreed they are employee-evaluation records under FOIA, but found that the four-part release test is met: the deputy's resignation in lieu of termin…
Can one person serve on the boards of two overlapping local government entities, like a county hospital district and a regional transit authority, at the same time?
Probably not, when the two entities overlap geographically and their powers collide. The AG concluded that a court would likely find the common-law 'conflicting-loyalties' doctrine bars one person fro…
Can a Delaware FOIA request reach emails from a previous Governor's administration?
No. The AG concluded the Governor's Office did not violate FOIA when it told an incarcerated requester it could not produce emails belonging to the prior Markell administration, because FOIA's noncust…
Can the Arkansas Crime Victims Reparations Board pay benefits to a claimant who has a prior felony conviction for criminally injurious conduct?
No. AG Tim Griffin read A.C.A. § 16-90-712(a)(5) and (a)(6) as two separate prohibitions: subsection (a)(5) categorically bars reparations to anyone with a felony conviction involving criminally injur…
Does Oklahoma's 2020 nursing law (SB 801) and the Governor's federal Medicare opt-out letter let certified registered nurse anesthetists (CRNAs) practice independently of physicians?
No to independence, but yes to a relaxed standard. Oklahoma's Nursing Act, as amended by SB 801, replaced 'supervision' with 'collaboration.' A CRNA still must operate under a written collaboration ag…
In a Lawrason Act town, can the board of aldermen tell the elected chief of police where to park patrol cars after shifts, and can they impose line-item limits on the police budget?
No, and no. The elected chief of police controls department property, including where patrol vehicles get parked at the end of a shift. The board of aldermen cannot impose line-item restrictions on th…
Can the Connecticut General Assembly change its own budget process by passing a new law instead of following the procedure already in the statutes?
Yes. The General Assembly is free to alter its own budgeting procedure by ordinary legislation. House Bill 5523 (Public Act 24-81) lawfully superseded the parts of Conn. Gen. Stat. § 2-35 it conflicte…
Does the Wilmington Housing Authority have to produce a tenant resident council's records under FOIA?
Mostly no, except for what WHA actually held. The AG ruled the Wilmington Housing Authority met FOIA by producing the Compton Towers Resident Council bylaws and election procedures it possessed; the W…
Who enforces the rules when a South Carolina rural telephone cooperative ignores its own bylaws?
The AG concluded that bylaw and corporate-formality problems at a rural telephone cooperative generally fall outside the Public Service Commission and Office of Regulatory Staff, whose authority cover…
Can a combined local board of health (Wetzel-Tyler) buy land and build a new health-department facility, or does the county commission have to own the property?
The local board of health may itself acquire and hold real property and construct a new facility, so a county commission does not have to own it. If the Wetzel and Tyler County Commissions choose to b…
Can a West Virginia county pay EMS salary-supplementation funds to part-time and temporary EMTs, and to EMTs who already get a supplement from a different county?
Yes to both. The Emergency Medical Services Salary Enhancement Fund (W. Va. Code § 16-4C-25) and its 2024 legislative rules apply to any certified EMT or paramedic who answers at least ten 911 calls i…
Where can an Arkansan stand their ground without retreating before using force in self-defense?
Anywhere you are lawfully present. The 2024 AG opinion explains that the Stand-Your-Ground Act applies wherever a self-defender is legally allowed to be, with one exception: a person committing the fe…
If an Arizona voter submits a state voter registration form without proof of citizenship, should the county recorder query the MVD database before rejecting it?
Yes. The Attorney General concluded that a county recorder who receives a state-form voter registration without documentary proof of citizenship (DPOC) should run a HAVA check against the MVD database…
How must the SC High School League apply the new 2024-25 budget provisos on appeals, forfeit fines, and private-school enrollment?
The AG concluded that under Proviso 1.49, an appeal stays all sanctions pending the outcome, even minimum sanctions, because the language draws no distinction. For forfeited-game fines, the League may…
Did the Arkansas AG certify the ballot title for the 'Arkansas Educational Rights Amendment of 2026'?
Yes. After the AG had returned a previous text-less submission (Opinion 2024-076), AG Tim Griffin certified the popular name 'The Arkansas Educational Rights Amendment of 2026' as submitted and substi…
Can a state-chartered credit union in Oklahoma get the federal 'low-income credit union' designation, or is that reserved for federal credit unions?
Yes. Both Oklahoma and federal law allow it. Oklahoma's 'parity provision' (6 O.S. § 2023) lets federally insured state credit unions exercise 'any of the powers' of federal credit unions unless prohi…
Can a Mississippi county dispose of a public park, give credit for past church donations, or contract with a church to operate it?
A Mississippi county may sell, lease, or convey a public park if its board finds the park is no longer used for county purposes and follows Section 19-7-3's bid process. The county may also contract w…
If a Delaware county tells me there are no records responsive to my FOIA request, can I push back, and what does the county have to prove?
New Castle County did not violate FOIA. The County's FOIA Coordinator searched the Department of Land Use's electronic complaint repository and the permit files, found no responsive written complaints…
Can a Delaware parent in an Office of Civil Rights complaint use FOIA to get records about the teacher and school?
No. The AG ruled Caesar Rodney School District properly withheld training and personnel records under FOIA's pending-litigation exemption, because the parent's complaint to the U.S. Department of Educ…
When a North Dakota school board calls an emergency meeting on short notice and goes into executive session, what notice does it have to give the public?
The Apple Creek School Board called an emergency meeting on a few hours' notice with a vague website announcement, then held two executive sessions and discussed unrelated topics. The AG concluded the…
If a re-elected Mississippi alderman was never sworn in for the new term, are the votes still valid?
Assuming the city's special charter is silent, the alderman is a de facto officer at minimum, and Section 25-1-37 makes the official acts of de facto officers valid and binding. Mississippi law expect…
Can a Mississippi city repair a drainage ditch on private property to fix flooding and erosion?
Yes. Section 21-19-13(2) authorizes a Mississippi municipality to provide labor, materials, and supplies to clean drainage ditches and prevent erosion on public or private property, after the city mak…
Can Kentucky Fish and Wildlife euthanize a seized animal before a trial, or destroy a wild animal that bit someone to test it for rabies?
Two answers. The Attorney General concluded that the Department of Fish and Wildlife Resources generally may not euthanize an animal it has seized as criminal evidence until after a conviction and a c…
Can an Arizona candidate or officeholder use political funds to pay for childcare or other dependent care?
A candidate can. The Attorney General concluded that A.R.S. § 16-901(25)'s definition of expenditure (anything spent 'for the purpose of influencing an election') covers dependent care when the care l…
Are hemp-derived THC drinks legal to sell in South Carolina?
Yes, as a matter of statute. The 2018 federal Farm Bill and South Carolina's 2019 Hemp Farming Act make non-alcoholic beverages legal if their delta-9 THC concentration is 0.3% or less on a dry weight…
Can a member of an Arkansas nonprofit corporation give a proxy that directs how their vote should be cast on specific issues?
Yes by default. The 2024 AG opinion concluded that A.C.A. § 4-33-724 allows a nonprofit member to appoint a proxy with express limitations on the proxy's voting authority, which is what a 'directed pr…
Can you drive a UTV (utility task vehicle) on public roads in South Carolina?
Not as the law stood in 2024, in most cases. The Attorney General would not rule on the specific person's situation because that turns on facts, but it explained that SCDMV may refuse to register or l…
How is the 50% farm-income rule for South Carolina's Working Farmland Protection Fund measured?
Across all the owner's farmland, not parcel by parcel. The Attorney General read § 48-59-150(B) so that a landowner meets the requirement to derive at least fifty percent of his income from farming by…
If a public agency in North Dakota tells me they don't have any more records and I think they're holding back, what can I do?
The Stanley Rural Ambulance District turned over a screenshot and a link, then repeatedly told Adam Buss there were no other responsive records. The AG concluded that's compliance with open records la…
Can a North Dakota public body call a special meeting on five minutes' notice and still comply with open meetings law?
Yes. The Stanley Rural Ambulance District announced a special meeting only five minutes before it started, but it met the notice requirements because the public and the local newspaper were notified a…
Is a North Dakota critical access hospital that gets some public funding (mill levy money, city sales tax) subject to the open records law?
Yes, but only as to records related to its use of public funds and its government-agency activities. Southwest Healthcare Services received mill levy money, applied for City of Bowman healthcare sales…
Are hemp beverages legal to sell in Mississippi, and do they have to be under 0.3% THC?
Hemp beverages sit in a legal gray zone. Section 97-31-5 makes it unlawful to sell any drug, elixir, or compound that produces intoxication when drunk to excess unless state law specifically legalizes…
Can a Kansas city annex a small slice of a larger farm without the owner's consent?
No. The Attorney General concluded that K.S.A. 12-520(b)'s 21-acre threshold applies to the size of the entire unplatted agricultural tract the land comes from, not just to the portion a city wants to…
Can a citizen remove a member of a Georgia state board, commission, or authority just by submitting a complaint to the Governor?
No. The phrase 'upon formal charges being filed' in O.C.G.A. § 45-10-4 requires something more than an informal complaint, grievance, or letter from a member of the public. 'Formal charges' must be su…
Can a West Virginia county commission buy a building it currently leases for its 911 center, and then lease part of the building to a private for-profit business?
Yes to the purchase, no to the for-profit lease. County commissions have broad express and implied authority to buy real estate for public purposes, including running a 911 center. But West Virginia l…
Can an Arkansas city order a homeowner to connect to the city sewer when their property is more than 300 feet from the line?
No. The 2024 AG opinion concluded a city cannot lawfully require a homeowner to connect to the city sewer when the property is more than 300 feet from a current sewer line. State law (A.C.A. § 14-235-…
If ICE issues a detainer on someone in a Virginia sheriff's jail, can the sheriff tell ICE when the inmate will be released so ICE can come pick them up?
Yes. Virginia Code § 53.1-220.2 expressly allows a sheriff who receives an ICE detainer to transfer custody of the inmate to ICE within five days before scheduled release. The AG concludes that author…
Must a county mayor or city mayor who sits on a Tennessee development district board resign from both the board and their elected office before applying for the development district's executive director job?
Yes. Tennessee's general conflict-of-interest statute (Tenn. Code Ann. § 12-4-101(a)(1)) prohibits a board member from being directly interested in a contract for which they vote, oversee, or superint…
Can a Delaware town avoid producing a meeting recording by saying it was accidentally deleted?
Yes. The AG ruled the Town of Ellendale did not violate FOIA when it could not produce a June 5 town hall audio recording, because the Council President swore the recording was accidentally deleted or…
Can a Mississippi city run an ALPR-based program to ticket uninsured drivers and split fees with a private vendor?
Mississippi law does not flatly prohibit a city from running an ALPR-based motor-vehicle insurance enforcement program with a private vendor, because Section 17-25-19's traffic-camera ban only covers …
Can a Mississippi regional solid waste authority sign a 30-year contract with a developer for a landfill gas project?
Yes. Section 17-17-317(h) of the Regional Solid Waste Management Authority Act expressly authorizes a 30-year contract term, which is the statutory exception that lets the authority bind its successor…
Can a Mississippi town sell a retired police vehicle to a county constable who is also the town's fire chief?
Yes, if the town first finds the vehicle is no longer used for a public purpose and follows Section 17-25-25's procedure: a unanimous private-sale vote if the vehicle is worth $1,000 or less, or publi…
Are rifles, shotguns, muzzleloaders, and other long guns protected under the Second Amendment and the Tennessee Constitution regardless of whether they are single-shot, pump, lever, bolt, or semi-automatic?
Some long guns are protected, in some circumstances. The Second Amendment covers bearable arms 'in common use' for lawful purposes, which clearly reaches many rifles and shotguns and likely reaches se…
Can the Arkansas AG certify a popular name and ballot title for an initiative petition without the sponsor submitting the full text?
No. AG Tim Griffin returned the AR Kids submission for the 'Arkansas Educational Rights Amendment of 2026' because the sponsor did not include the full text of the amendment as A.C.A. § 7-9-107(a)-(b)…
If you ask a Delaware city for a list that combines two pieces of information they each have separately (parking-zone locations and the businesses at those addresses), can the city say no?
Yes. Rita Carnevale asked the City of Wilmington for a list of all businesses and addresses with city-installed 15-minute parking signs. Public Works' records track parking zones by location and stree…
Did the Arkansas AG approve a ballot measure to allow abortion in cases of rape, incest, fatal fetal anomaly, or risk to the mother's life or physical health?
No. The Attorney General rejected the proposed ballot title for the Arkansas Abortion Amendment. The defect was technical but fatal: the definition of 'physical health' described it as the presence of…
When does a developer have to give up control of a master-planned community's homeowners association board and let homeowners elect their own representatives?
Under New Mexico's Homeowners Association Act, the developer can run the board alone only until 25% of lots are sold to non-developer owners. After that, owners must elect at least 25% of the board, t…
Can a New Mexico school board member vote against a check the superintendent has already paid?
An individual school board member has no unilateral authority over expenditures, but the board as a body does. The board may question, discuss, and vote on any check, including ones the superintendent…
Does an Arkansas school district have to declare land 'unused or underutilized' before donating or selling it?
Not necessarily. An Arkansas school district can sell, lease, or donate land that does not meet the statutory definition of 'unused or underutilized.' But if the property does qualify as unused or und…
Do Arkansas private schools have to follow open-records and open-meetings laws if they accept LEARNS Act voucher money?
No. Receiving Education Freedom Account funds under the LEARNS Act is not by itself enough to make a private school subject to the Arkansas Freedom of Information Act. Two things must be true: the sch…
Do Arizona public school counselors and school social workers need a Board of Behavioral Health Examiners license to do their jobs?
Generally no. The Attorney General concurred with Scottsdale Unified School District's outside counsel: school counselors and school social workers acting within the scope of their educational job dut…
If I move before a primary runoff, can I still vote in it in South Carolina?
No, not in the race you moved out of. The Attorney General concluded that a voter who was eligible in a primary but changes his residence to a spot inside the same county yet outside the runoff's dist…
Does a Mississippi councilwoman have to pay for copies of city bank and credit card statements she needs to do her job?
Not for records reasonably needed to do the job. An elected official has reasonable, no-cost access to municipal records required for their official duties. Whether a particular request meets that sta…
After January 1, 2025, can a small Washington county still ask its elected prosecutor to also serve as the county coroner, or did the 2021 statute end that arrangement?
It ended the arrangement. AGO 2024 No. 3 says that once the 2021 amendments to RCW 36.16.030 took effect on January 1, 2025, small counties (under 40,000) lost the statutory authority that historicall…
Does a city police department have jurisdiction at a county detention center in South Carolina?
Generally no, the county sheriff does. The Attorney General would not answer the exact question because jurisdiction depends on the facts, but it explained that a municipal officer's authority usually…
Who has to update voter records after a South Carolina town redraws its ward map?
The town's municipal election commission. The Attorney General concluded that when a South Carolina municipality with its own election commission adopts a new redistricting map, that commission is the…
Can a Washington county run its own basic corrections officer training academy and certify its corrections officers, or does that have to go through the state Criminal Justice Training Commission?
Statute would let a county run the training, but right now, in practice, no. AGO 2024 No. 2 says RCW 43.101 authorizes the Criminal Justice Training Commission to approve county-run basic corrections …
Can an Oklahoma legislator who sits on a committee with jurisdiction over a state board insist on attending the board's executive session, even when the board wants to keep it closed?
Yes, with two narrow exceptions. Under 25 O.S. § 310, any legislator who serves on a committee with jurisdiction over a state agency, board, or commission is entitled to attend that body's executive s…
Can a West Virginia county without a zoning ordinance use a 'land development ordinance' to block solar and wind farms from being built?
No on the blocking, yes on regulating how they get built. West Virginia law does not recognize a separate 'land development ordinance' apart from the unified 'subdivision and land development ordinanc…
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