State AG Opinions
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Could a Louisiana town lower a mayoral appointee's salary to its base rate during an unexpired term?
No. The AG said an appointee filling an elected official's unexpired term received the salary of the outgoing incumbent, protected against reduction during that term. A town could set a base salary…
Could a Louisiana school board transfer its school property-tax authority to a city?
No. The AG concluded that Baker City School Board could not transfer part of its constitutional school property-tax power to the City of Baker. The request contemplated an election, but the…
Could an elected Louisiana police chief cash out accrued vacation when leaving office?
Absent a specific provision from Amite's governing body, the AG concluded that its elected police chief could not accrue annual leave and collect a payout for it on leaving office. The opinion…
Could a Louisiana sheriff put unclaimed bond and civil fees into the sheriff's general fund?
For the undistributed bond and civil fees described to the AG, the sheriff had to report the money and transfer it to the state treasurer under the Uniform Unclaimed Property Act of 1997. The AG…
Could the Clinton Newberry gas authority distribute net revenue to its cities and appoint an at-large member from either city?
In 2005 the AG read the enabling act as providing both gas service and financial benefit to Clinton and Newberry, including distribution of net revenues. The seventh board member only had to live in…
Could an Oconee County building inspector also serve as a sheriff’s reserve officer in 2005?
The AG said an Oconee County Building Inspector III could also be a reserve officer on the facts supplied. He did not decide the result for a separately defined building codes enforcement officer.
Could a Louisiana fire district use its tanker to sell water delivery to drilling rigs?
Only conditionally. The AG said the district could use its tanker for paid potable-water deliveries if the activity furthered its fire-prevention or firefighting mission. Fees also had to cover all…
Does a Texas funeral home need a signed cremation authorization form if the deceased already chose cremation in a prepaid funeral contract?
No. The opinion concluded that when a person who bought a prepaid funeral contract already specified in that contract that their remains be cremated, the funeral establishment does not also need a…
Can a Delaware zoning board use its written case decisions as its meeting minutes, and can it charge $4 a page for a hearing transcript?
No to both, under the law as it stood in 2005. The AG found the Rehoboth Beach Board of Adjustment violated FOIA by not posting a complete agenda seven days ahead of a meeting, by relying on its…
Was the petition to incorporate Central, Louisiana ready for a public vote?
Yes. After an earlier defect was cured, the AG found that Central's petition supplied the required boundaries, population, property value, services plan, proposed name, and petition chairpersons.…
Does federal securities law stop the Texas Comptroller from selling unclaimed, unregistered stock at public sale?
No, generally. The opinion concluded that the Texas Comptroller is not acting as a securities 'underwriter' under federal law when she sells unclaimed, unregistered shares of stock that have…
When could Washington property owners record an agreement fixing a disputed boundary, and could a charter county review it first?
The Attorney General concluded in 2005 that RCW 58.04.007 covered a boundary that records and landmarks could not identify or that adjoining owners actually disputed. A charter county could require…
Could Conway include a wholesaler’s out-of-city sales in its business license tax base?
In 2005, the AG said Conway could use the wholesaler’s total gross income under the ordinance it supplied, except for business wholly outside the city that was taxed by another municipality or…
Could a Rockland County village dissolve its police department on a permissive referendum, or did a 1936 special state law force the question to a mandatory referendum?
Mandatory referendum. Chapter 524 of the Laws of 1936 is a special, county-specific statute requiring a mandatory referendum to abolish a police department in any Rockland County village. The 1972…
Can a New York county apply its anti-nepotism rule to a county clerk's pick of her own deputy, even though the clerk is elected and has state-law authority to appoint deputies?
Yes. The AG concluded that a valid county anti-nepotism policy could apply to an elected county clerk's deputy appointments despite her authority under County Law § 526. The board had no identified…
Can a Texas commissioners court take a vehicle away from one county office and give it to another department?
Yes, with a limit. The opinion concluded a commissioners court may adopt a county budget that reallocates a county vehicle, like one previously assigned to the district attorney's office, to a…
Can someone serve as both a Texas school district trustee and a director of an improvement district that covers the same area?
No. The opinion concluded that, because the East Montgomery County Improvement District's boundaries match the New Caney Independent School District's, and both bodies retain meaningful authority to…
Would a short Connecticut Medicaid extension create a new federal benefit period?
The AG concluded that a proposed Connecticut bill temporarily extending Medicaid for certain parents and caretaker relatives would not give them a further extension under federal law. A person might…
Could Fripp Island create a special police district, and would the county sheriff keep authority there?
The AG concluded in 2005 that voters could establish a district through the statutory process. Its board could recommend special deputies, but the sheriff would commission acceptable nominees and…
Could Charleston’s register spend office revenue on document scanners without a county appropriation?
The AG said in 2005 that the register could not bypass the county appropriation process to buy imaging equipment with public money. A supplemental county appropriation was a possible route.
Could Beaufort County reassess all real property annually under its 2005 five-year reassessment law?
No. The AG read the 2005 statute to permit countywide real property reassessment only once every five years, so it did not authorize an annual reassessment for property tax purposes.
Could a South Carolina police mutual aid contract give officers authority for any law enforcement need?
The AG said no in 2005. A mutual aid agreement could not grant jurisdiction beyond the powers supplied by statute; Section 23-20-30 covered specified public safety functions, not every possible law…
Could Iberville Parish reimburse parents for driving children to an out-of-parish school?
The AG said no on the facts presented: Iberville's transportation duty covered eligible schools within its boundaries, and no student's IEP was said to require the out-of-parish trip. Paying parent…
Could an assistant district attorney serve as magistrate in a Louisiana mayor's court?
The AG concluded that the dual-officeholding law did not bar an Evangeline Parish assistant district attorney from serving part time as magistrate in Mamou's mayor's court. It did not resolve the…
Could a Louisiana town council member also serve on its historic district commission?
Yes. The AG concluded that a Clinton Town Council member could also sit on the local historic preservation commission, treating it as a part-time appointive position and applying the statutory…
Could a Westlake public-works employee also serve on the city council?
The AG said civil-service rules or employer policy might affect whether the employee could seek election. If elected, however, the employee could not simultaneously hold the Westlake council seat…
What did Louisiana's 2005 motor-vehicle repossession rules require of agents and sheriffs?
The AG summarized the 2005 self-help vehicle repossession law: licensed agents had to notify law enforcement after a repossession, and secured parties had to file a notice with the parish recorder…
Can a California county retirement board discuss disability medical records in closed session?
The Attorney General said the board could discuss and evaluate a disability applicant’s medical records in closed session. It could also let the applicant and a representative attend if they had an…
Does a Texas deputy constable automatically lose their job if indicted for a felony?
No. The opinion concluded that, unlike a deputy sheriff (whose appointment is automatically revoked by statute on indictment for a felony), Local Government Code sections 85.003 and 86.011 do not…
Could a private security guard ticket unlicensed or uninsured drivers on a private neighborhood road in 2005?
The AG said a licensed guard could issue tickets for applicable Chapter 5 traffic violations on a private road brought under that chapter by owner consent. The cited driver licensing, vehicle…
Can a Delaware town call a rushed special meeting to fire its solicitor if the agenda just says "Town Solicitor"?
No, under the law as it stood in 2005. The AG found the Town of Frederica violated FOIA when it called a special meeting on three days' notice to vote out its Town Solicitor without stating why the…
Was Louisiana state supplemental police pay included when calculating city police overtime?
Yes. The AG reaffirmed that a municipal police officer's state supplemental pay had to be added to regular salary when determining the overtime rate under the cited statutes.
Can a county marshal or deputy marshal in Georgia operate a speed detection device (radar or lidar) and pull drivers over for speeding?
No, not without a separate, specific local law granting that authority. County marshals and their deputies are constables for magistrate courts, not general-jurisdiction peace officers. Under…
If I file one application to amend my New York pistol permit to add two new handguns and remove one old one, do I pay a single amendment fee or one fee per change?
One fee per amendment, not per gun. Penal Law § 400.00(14) authorizes a $3 fee 'for each amendment' to a firearms license. Section 400.00(9) lets one amendment add 'one or more such weapons' and…
Can a Texas city pay a private developer from a tax increment fund for work that wasn't competitively bid?
Only in limited circumstances. The opinion concluded a tax increment fund is a 'municipal fund' under Local Government Code chapter 252, so chapter 252's competitive bidding rules can apply to it.…
Can a Texas city give a new tax abatement for equipment added to a site that already got a 10-year abatement?
Yes, according to this 2005 opinion. A prior ten-year tax abatement on specific business personal property did not bar a municipality from separately abating different personal property added later…
Did South Carolina’s proposed 2005 owner-occupied home tax exemption violate the constitution?
The AG called the question close but predicted a court would likely uphold H.3264 if enacted. He emphasized that a prior state Supreme Court ruling on Charleston’s tax cap resolved a statutory…
Could Connecticut share Medicaid claims data to investigate private insurers’ unpaid care costs?
The AG concluded that Connecticut’s social services department could disclose Medicaid recipient claims information to the Attorney General and Child Advocate for their investigation of private…
Could a California school district refuse a tobacco prevention program evaluation and keep its funding?
No, under the 2005 law analyzed. A district receiving the tobacco tax funding had to participate if selected for a program evaluation, and the Department of Education had to withhold those revenues…
Could South Carolina’s parks and tourism agency recover certification costs from the tourism infrastructure fund?
The AG said in 2005 that the agency could request payment from the fund for certification work delegated by the coordinating council. The opinion tied that result to the council’s statutory…
Could one person sit on both Dorchester County’s transportation committee and transportation authority in 2005?
No. The AG treated both positions as public offices and concluded that simultaneous service violated South Carolina’s dual office holding restriction.
Can village constables in a New York village run sirens or red and white flashing lights on the village-owned cars they drive while on duty?
No. Village constables cannot operate vehicles equipped with sirens or red and white flashing lights. Under VTL § 375, those devices are reserved for 'authorized emergency vehicles,' which include…
During a local emergency, can a New York town supervisor close a county road inside town limits and order the county's ambulance dispatcher to switch ambulance companies?
The AG said a town supervisor may declare a local emergency and issue orders affecting another municipality's property within town boundaries if the statute's conditions are met. The supervisor may…
Does a Delaware city council violate open meetings law by holding a properly noticed meeting at an unusual time, place, or without a tape recording?
No, under the law as it stood in 2005. The AG found the New Castle City Council did not violate FOIA by holding two properly noticed budget meetings at an unusual day, time, and location, without an…
Could a South Carolina register stamp only the first page of an original recorded document in 2005?
The AG found no statute directly addressing that change and recommended keeping the existing practice of marking every page of the original until legislation specifically authorized a different method.
Must NC DMV redact personal information from accident reports under the federal Drivers Privacy Protection Act, and what about local law enforcement copies and tax records?
Yes for DMV-released accident reports. The AG concluded DMV must redact DPPA-protected personal information before releasing accident reports. Local law enforcement agencies, however, were not…
Could a Louisiana legislator contract to consult for a city-parish government?
Under the dual-officeholding law discussed in 2005, yes. The AG concluded that a state representative could contract to provide professional, consulting, and management services to the Baton Rouge…
Could Winthrop police use campus tickets and university hearings for traffic and parking violations?
The AG said in 2005 that Winthrop could use its own tickets, fines, bonds, and campus appeals process for traffic and parking violations on its property, assuming the governing regulations existed.…
Could a Newberry municipal judge also work as a family court prosecutor for the solicitor in 2005?
The AG said the person most probably held two prohibited public offices, assuming the prosecutor was an assistant solicitor. He separately suggested asking the judicial conduct advisory committee…
Could a California city tax above Proposition 13’s cap for pensions voters approved before July 1978?
The Attorney General said yes for pension obligations voters approved before July 1, 1978, even if tax collection or the benefit began later. Where benefit levels were approved on both sides of that…
When does a South Dakota felon get the right to vote back: at release from prison, at the end of the original court sentence, or at parole completion? Does a suspended imposition of sentence count as a conviction that takes away voting rights? What does a former inmate actually have to do to register again?
Voting rights return when a penitentiary sentence is discharged, not merely on release. A suspended imposition of sentence does not enter a conviction and does not take away voting rights. A…
If a newspaper files a Public Information Act request for a Maryland fire department's ambulance dispatch record, does the medical information in that record have to be released, and can a parent whose parental rights were legally terminated authorize its release?
The medical details must be withheld, but the identity of who was transported can be released. The opinion concluded a Fire Department ambulance dispatch record is not a 'medical record' under…
Could Connecticut police use correction department firing ranges under written agreements?
The AG concluded that the Department of Correction could continue allowing state and local law enforcement officers to train at firing ranges on correctional property. He called for written…
Could an Idaho initiative create an independent judicial accountability commission with power to review court decisions?
The AG predicted a court would likely strike down the initiative. Its independent commission would effectively be a fourth branch and would exercise powers of existing branches; the proposal’s many…
Did nesting a retirement community’s residential condominium inside a master condominium defeat residents’ right to terminate developer contracts?
No, on the facts described. RP §11-133 applied to both condominiums, but residential owners lacked the votes to control the master council’s use of its termination right. The vendor had to disclose…
Did full time National Guard duty under Title 32 count toward Connecticut state retirement?
The AG concluded that full time National Guard service in the United States armed forces under Title 10 or Title 32 orders qualified as vesting and credited service for Connecticut Tier II state…
Could Gaffney use city tax money to move a storm drain serving only church property?
On the council member’s stated facts, the AG said no in 2005. The drain served only the church property and the requested work would have no public purpose, so city spending for it would violate the…
In a New York county that hasn't adopted a charter, can the board of supervisors appoint a county manager to a four-year term when most supervisors only serve two-year terms?
No. Under the common-law 'term limits rule,' a governing board acting in its governmental capacity cannot bind its successors. Appointing a county manager is a governmental act. The exceptions (a…
Can a New York village (or town) write a local law letting cars park closer to a crosswalk or stop sign than state law allows, to free up downtown parking?
Yes. Vehicle and Traffic Law § 1202(a)(2)(b) and (c) lets a local government with parking-regulation authority post 'official signs, markings or parking meters' setting 'a different distance' from a…
If a lender presents a satisfaction-of-mortgage certificate but the county clerk's records don't show the lender as the last recorded assignee, can the clerk mark the mortgage discharged?
No. Under Real Property Law § 321(1), a county clerk may mark a mortgage 'discharged' only when presented with a satisfaction certificate signed by the mortgagee or the last assignee of record (or…
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