State AG Opinions
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Can a Texas water district director who owns a real estate, development, or construction business have a conflict of interest?
The board of the Bandera County River Authority and Groundwater District asked whether directors who own (or whose close relatives own) real estate, property-development, or construction businesses…
Could one person serve on both the Central Midlands Transit Authority board and the Richland-Lexington Airport Commission?
The 2005 AG said no. He treated service on each governing body as a public office, so holding both positions at once would violate South Carolina’s dual-office prohibition.
Could Kentucky's medical board share KASPER reports with a doctor it investigated or use them at a licensing hearing?
No, absent a court order. The AG said the Board of Medical Licensure could not disclose KASPER reports to an investigated or charged physician or counsel, produce them through hearing discovery, or…
Could a state university foundation receive an endowment match when the state bought its donated building?
The AG concluded that a donated building qualified for Connecticut’s university foundation endowment matching program because the donors designated its proceeds for an endowment. A state purchase or…
Could Connecticut’s blind vendor board provide food services at a state university?
The AG concluded that Connecticut’s Board of Education and Services for the Blind could seek to provide food services at a state university. He found the law unclear about whether it could hire a…
Could a Georgetown County elections commissioner also sit on the county library board?
No. The 2005 AG concluded that both the Georgetown County Registration and Elections Commission seat and the county library board seat were public offices, so one person could not hold them simultaneously.
Can a Delaware county council go into a closed executive session to hear its attorney's report on pending lawsuits before voting to shift budget money to legal fees?
Yes, under the law as it stood in 2005. The AG found New Castle County Council's Administrative-Finance Committee lawfully met behind closed doors to hear the County Attorney's report on funding…
Could California supervisors combine county administration, mental health, and auditor duties?
The California AG concluded in 2005 that supervisors could consolidate the county administrative officer and mental health director duties into the auditor-controller by ordinance. The occupant…
Who paid for medical care an arrestee needed before being booked into a Washington jail?
The Attorney General concluded in 2005 that RCW 70.48.130 also covered care before booking. State program payments and an arrestee’s available resources came first; an interlocal agreement could…
Did South Carolina treat county election commissions as state boards for its absence-removal rule?
No. The 2005 AG said county election commissions were county bodies, so the statute removing members of state boards after three unexcused absences did not apply. He also said the Governor made…
Can a member of a small-city school board in New York also serve as 'city supervisor' to represent the city on the county board of supervisors?
Yes, the two positions can be held together. Education Law § 2502(7) bars a member of a small city (under 125,000) school board from holding 'any city office.' But a city supervisor's only role is…
What hearing did a tenured Kentucky school district employee need before dismissal when no later hearing was available?
The AG said a classified school employee with the statutory renewal right needed a meaningful pre-termination hearing if no post-termination remedy was available. It identified reasonable notice,…
Did Dorchester school construction payments count as debt service, and who set the bond tax levy?
The 2005 AG said the described annual bond payments were debt service. He expected the purchase plan likely would fall outside a statutory financing-agreement ban but warned a court could decide…
Could a State Museum commissioner also serve on the museum’s fundraising foundation?
The 2005 AG said yes for the described foundation, because its private nonprofit board was not a public office. He separately flagged a possible ethics conflict and suggested asking the State Ethics…
Could nonvoting state marshals attend the commission’s closed executive sessions?
The AG concluded that the two ex officio, nonvoting state marshals on the State Marshal Commission were still members for executive session attendance. They could attend all such sessions, including…
Can a Texas justice of the peace use a standing pool of volunteers to fill juries when summoned jurors don't show up?
A district attorney asked whether a justice of the peace could set up a standing pool of qualified volunteers for jury duty, after only four of seventy-five summoned citizens showed up for a recent…
What arrest powers did National Security Agency police have under Maryland law outside NSA jurisdiction?
Most of the Criminal Procedure provisions the delegate identified did not directly cover NSA officers. The AG said a provision for federal law enforcement applied within NSA territory; outside it,…
Could a Maryland bank loan officer fill in a computer-generated mortgage form without practicing law?
Yes on the described facts. The AG said a nonlawyer could use a computer to generate and complete a standard mortgage form by inserting factual information into its blanks, without drafting legal…
Could a school trustee vote while facing a simple assault charge and unproven complaints?
The 2005 AG said the described trustee and other members could continue attending and voting. An arrest warrant and allegations in letters had not suspended or removed anyone, and the required legal…
Could a California city council member buy an ad for a private business in the city brochure?
The California AG concluded in 2005 that the council member could buy an ad at the same rate and on the same terms as other advertisers. The generally available public-service exception applied to…
How did a lien or pending lawsuit against a bondsman’s property affect the bond limit?
The AG concluded that Connecticut’s public safety commissioner could consider a notice of pending litigation against a bondsman’s property when setting the authorized bond limit. If the bondsman…
Could a California city keep its own medical marijuana ID card program after the state program began?
The California AG concluded in 2005 that the state medical marijuana card system displaced a city’s separate registry once implemented in that county. Until then, a city could continue a consistent…
Could Greenville County stop printing real-property indexes if it kept a nightly computer backup?
The 2005 AG said no. A nightly backup held by the county information-systems department did not satisfy the then-applicable requirement for a second copy available to the public when electronic…
Could a municipal judge deny good-time credit when a defendant chose jail instead of paying a fine?
No, for the local-facility sentence the 2005 AG analyzed. He said a defendant serving the jail alternative remained entitled to statutory good-time credit despite not paying the fine. The letter did…
Are autopsy and post-mortem reports public records in Delaware, or can police withhold them under FOIA?
No, they're not public. This opinion held that post-mortem reports prepared by Delaware's Chief Medical Examiner are exempt from FOIA as investigative files, and that a police department that merely…
Who controlled the South Carolina Patients’ Compensation Fund after the 2005 amendment?
The 2005 AG said the Fund’s Board of Governors had ultimate management authority over both its restricted and operating accounts. The board could designate the State Treasurer to administer the…
Can a Texas bar or restaurant with a liquor license legally host a Texas Hold'em poker tournament?
An Ector County district attorney asked whether a business with an on-premises alcoholic beverage permit could host a Texas Hold'em poker tournament under two setups. The Attorney General drew a…
If a board member has to abstain over a conflict of interest, can they still sit in on the closed meeting about it?
A state senator asked, in connection with a groundwater conservation district, how conflict-of-interest law and the Open Meetings Act apply to a water board whose member also ran a company seeking a…
Did a voluntarily retired teacher keep a continuing contract after a school district rehired them?
The 2005 AG said no for a voluntarily retired teacher rehired under the statute he examined. Retirement ended the prior employment relationship, and the district could negotiate a new agreement…
Does starting a planning commission meeting an hour early, then rushing the final council vote onto the agenda, void a subdivision approval in Delaware?
Yes, under the law as it stood in 2005. The AG found the City of New Castle violated FOIA when its Planning Commission met an hour earlier than the publicly noticed time to recommend a subdivision,…
Could a Hopkinsville convention center take Kentucky state funds while rejecting the name in the budget line?
No. The AG concluded that the 2005 appropriation for the “James E. Bruce Convention Center in Hopkinsville” could be spent only on a facility bearing that name; the local center could not take the…
Do lawn sprinkler and landscape lighting installers in Texas need a criminal background check?
A county attorney asked whether the background-check requirement that Texas imposes on 'in-home service companies' and 'residential delivery companies' (Civil Practice and Remedies Code chapter 145)…
Can a Texas county put its criminal-fine collections under the county treasurer instead of the county clerk?
A county attorney asked whether the commissioners court could create a collections department, staffed by the county treasurer's deputies acting as cashiers, to collect criminal fines, costs, and…
Does federal law override Texas's law that fines railroads for blocking a crossing for more than 10 minutes?
A group of Texas county and district attorneys asked whether federal law overrides section 471.007 of the Transportation Code, which makes it a misdemeanor (a fine of $100 to $300) for a railway…
Who appoints and sets pay for Zachary's assistant city attorneys?
The AG said Zachary's city attorney appointed assistant city attorneys without needing council confirmation of the individual selected. The mayor, consulting the city attorney, prepared the budgeted…
Did a Louisiana tourism bureau's executive contract need State Bond Commission approval?
Yes, for the proposed contract. The AG said its non-appropriation clause still left the bureau liable for a payment on termination, so the contract created debt and required State Bond Commission…
Can a Louisiana justice of the peace also work full time as a deputy clerk of court?
No. The AG concluded that an elected justice of the peace could not simultaneously hold a full-time appointment as deputy clerk of court because Louisiana's dual-officeholding law barred the…
Can an adult adoption act be signed and notarized in different states?
Yes. The AG said R.S. 9:461 did not require every party to execute the adult adoption act in one Louisiana parish. In the facts presented, the parties could have their signatures notarized…
Could a Louisiana water district pay a PR firm to explain a rate increase to customers?
The AG said a water district could spend public funds to give customers factual information about its rates and operations, but could not use those funds to manipulate opinion or promote a candidate…
Could a Catholic school transfer student play high school sports immediately after moving to a school in another diocese?
The AG did not decide whether all Catholic schools, or each diocese, counted as one school organization under the transfer exception. It said eligibility depended on whether the same entity operated…
Who performed Chester County auditor and treasurer duties after their terms expired during a government-change dispute?
The 2005 AG said the incumbent Chester County auditor and treasurer would continue serving after June 30 while successors had not yet qualified, including during the pending litigation about the…
Could Lafayette's school board bus St. Martin students to private schools for free?
The AG said Lafayette Parish School Board lacked authority to provide free transportation to students who lived outside its jurisdiction for private schools in Lafayette. It did not decide whether…
Can a member inspect an electric cooperative's employment contracts in Louisiana?
The AG said an electric cooperative's records generally were outside Louisiana's Public Records Law unless the cooperative was a public entity. A cooperative member or the member's attorney could…
Could North Myrtle Beach require parasailing boats to stay 1,900 feet offshore?
The 2005 AG said the proposed safety restriction was within the city’s authority in its jurisdictional waters, but the city had to follow the state procedure for applying to the Department of…
Could Louisiana's transportation department agree to pay bridge damage claims regardless of which government caused them?
No. The AG concluded that DOTD could not assume liability for damage caused by the railroad commission or another party's negligence. A joint agreement allocating payment without regard to fault…
How much can a Texas court clerk charge to file a nondisclosure petition after deferred adjudication?
The Office of Court Administration asked the Attorney General two things: what fee a court clerk could charge to file a petition for an order of nondisclosure (a petition that seals certain criminal…
Could Maine's Legislature pass a statute prohibiting local citizen-initiated ordinances from applying retroactively to land use projects that already had permits?
Likely unconstitutional. The Maine AG concluded that LD 1481's provision preventing citizen-initiated municipal ordinances from applying to construction projects that had already received local…
Did Jacob’s Law cover church youth trips unrelated to school or child care?
The 2005 AG read Jacob’s Law as inapplicable to the described church youth trips to the beach or mountains, while saying churches could be covered when transporting students to school, school…
Could a healthcare district advertise on the only station accepting ads in its region when a director worked there?
The California AG concluded in 2005 that the district could use the station under the rule of necessity if no alternative met its needs and it examined all relevant circumstances. The employed…
Can a Texas sheriff take money from a jail inmate's commissary account to pay for damage they caused?
The Texas Commission on Jail Standards asked whether a county sheriff may deduct the cost of damage to jail property from the commissary (trust) account of a prisoner who has been found liable for…
Can a Texas county sheriff also serve on the school board of a district in the same county?
State Representative Dennis Bonnen asked whether the Sheriff of Chambers County could also serve as a trustee of the East Chambers Independent School District, which sits in the same county. The…
Was St. George’s water supply contract with a regional agency a municipal franchise?
No. After reviewing the actual agreement, the 2005 AG revised his earlier view and said the deal was a long-term water purchase and supply contract, not a municipal franchise subject to the cited…
Can a Delaware city interview finalists for a lobbyist contract in a closed executive session the way it would for a job applicant?
No, under the law as it stood in 2005. The AG found the City of Newark violated FOIA by holding two closed executive sessions to interview and compare two outside firms competing for a lobbying…
Would county supervisors governing a fire district change its property tax shift to schools?
The California AG concluded in 2005 that replacing an existing fire district’s board with the county supervisors would not change the district’s property tax transfer to the Educational Revenue…
Could the Colorado Lottery Commission use one general rule and separate guidelines for all instant scratch games?
No. The AG concluded that each instant scratch game needed its own promulgated rule because its ticket price, prizes, winner selection, drawing frequency, and revenue allocation were game-specific…
Did a charitable boat “poker run” with paid tickets and cash prizes violate South Carolina gambling law?
The 2005 AG said the described Beaufort Rotary poker run was prohibited as a card game under the gambling statute. He compared its paid tickets and chance-based prizes with an earlier event he had…
Did South Carolina’s secured-property sale offense cover a car sold despite a private lender’s title lien?
The 2005 AG said no under the provision he examined. He read its exception for property titled by state safety or natural-resources agencies to include privately owned cars and boats titled through…
Can a New York village set up a parking permit system so that on-street parking near a public school is reserved for school employees during the school day?
Yes. VTL § 1640(a)(22) authorizes a city or village to set aside on-street parking 'in designated areas reserved for public business at or adjacent to a government facility.' The statute is not…
Could the Edgefield County delegation adopt a school-board redistricting plan outside the General Assembly floor?
The 2005 AG said the plan required action on the General Assembly floor. He noted that the particular plan apparently had already been resubmitted there, making the immediate procedural question…
Who could hire or fire unclassified employees of the Morgan City Housing Authority?
The AG said the housing authority's executive director controlled hiring and termination, along with other personnel decisions, under applicable civil service rules and authority policies. The board…
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