State AG Opinions
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Were Zachary City Council workshops subject to Louisiana's open-meetings law even if no vote was taken?
Yes, when a quorum gathered to receive information on matters within the council's authority. The AG treated Zachary workshops and work sessions as special meetings under the open-meetings law…
Who could propose and approve spending from Bienville Parish's tourism and development fund?
The AG said fund money could support only tourism promotion or economic development projects proposed by a chamber of commerce in Bienville Parish and approved by the police jury. The jury could…
Could Beauregard Parish remove a tourist commissioner, approve the commission's budget, or control its occupancy tax?
The AG said the Beauregard Tourist Commission was a separate state political subdivision. The parish police jury appointed directors but lacked authority to remove one before a fixed term expired;…
Could a parish hospital-district employee also serve on the parish council in Louisiana?
Yes. The AG said the hospital service district was a political subdivision separate from the parish police jury, even though the jury created it. A full-time district employee could therefore also…
Did Charleston County have to mail new voter cards after council redistricting that left precincts unchanged?
The AG said no. The cited notice statute required mailing when an elector’s ward or precinct changed, and the described council-district redraw changed neither.
Could an unlicensed employee drive a permitted golf cart on a South Carolina public street?
The AG said no, unless a statutory licensing exemption applied. The owner’s license qualified the cart for the permit, but agents and employees driving it on public roads also needed their own licenses.
Did Kentucky's 2002-04 budget stop the governor from setting starting salaries for new cabinet secretaries?
No. The Attorney General concluded that the budget provision barred annual cost-of-living adjustments for specified high-level positions, but did not displace the governor’s separate authority to…
When someone is appointed to fill a vacancy on the Brunswick County (NC) Board of Education, do they serve the rest of the original term or only until the next election?
Only until the next election. The AG traced the legislative history from 1966 through 1981 and concluded that, absent a local act saying otherwise, the General Assembly has always intended appointed…
Could a Charleston County Council candidate file before moving into the district?
The AG said yes. For the District 7 seat, residence in the district was required by election day, not when the candidacy statement was filed.
Could a county election commission reject a council candidate solely because the candidate had not moved into the district by filing day?
The AG said the described candidate was not barred from running merely because he lived outside Charleston County Council District 7 when he filed. He had to reside in the district by the election.
Does the Georgia Public Service Commission have authority over wireless/mobile carriers, voice-over-IP telephony providers, and cable-modem internet service providers under the Telecommunications and Competition Development Act of 1995 and the Telecommunications Marketing Act of 1998?
Yes, in part. The Attorney General concluded that the GPSC has authority over (1) mobile and wireless providers to the extent the TCDA and TMA apply to 'telecommunications companies' and do not…
Could one person serve on both Abbeville County’s hospital board and school board?
The AG said such simultaneous service would most probably violate South Carolina’s constitutional dual-office rule. It treated the school-board position as an office and considered the hospital…
Could a South Carolina county let property owners pay annual real-estate taxes monthly?
The AG said no. The statute then allowed a county ordinance to offer quarterly installments, and its direction to set due dates did not authorize monthly payments.
Could a deputy county administrator run for the South Carolina Senate while keeping the county job?
The AG said a deputy county administrator generally was likely an employee, so the constitutional dual-office bar probably did not apply. It could not decide the particular job without the county…
Could a circuit solicitor admit a qualified municipal-court defendant to pretrial intervention?
The AG said yes. The solicitor retained final PTI admission authority for an otherwise qualified defendant charged in municipal court, with the statutory opportunity for the victim and arresting…
Which kinds of supplemental pay (night-shift differential, dive pay, temporary acting-up pay for filling vacant positions, and performance bonuses) count as 'earnable compensation' under O.C.G.A. § 47-2-1(15) for purposes of calculating an Employees' Retirement System member's pension benefit?
Conditional pay supplements tied to a position's regular duties (night shift, dive pay) count as earnable compensation. Temporary supplements for filling some duties of a vacant position should be…
If a town council adds items to its meeting agenda without the required notice explanation, does re-posting them at the next meeting fix the FOIA violation?
Yes, under the law as it stood in 2004. The AG found the Town of Milton violated FOIA by adding six items to its March 1, 2004 meeting agenda without explaining why seven days' notice couldn't be…
When did ordinary Kentucky laws from the 2004 legislative session take effect?
The Attorney General calculated July 13, 2004 as the effective date for ordinary acts passed during Kentucky’s 2004 regular session. The opinion excluded general appropriation measures and acts with…
Did the 1993 Catawba settlement allow video poker on the reservation after South Carolina’s statewide ban?
The AG said the Tribe had a serious, credible claim, but the State had substantial arguments that the statewide ban ended any such right. It did not resolve the dispute and expected a court to need…
Did HIPAA prevent doctors from supplying medical certifications for Maryland guardianship petitions?
Not in every case. The 2004 AG opinion said HIPAA and Maryland guardianship rules could often be reconciled through patient or representative authorization or a fact-specific disclosure exception.…
When MnDOT or another Minnesota government agency is in the middle of an eminent-domain process and has gathered several appraisals of the same property, which of those appraisals become public records when the agency shares one with the landowner, and which stay confidential?
It depends on which subsection of the Data Practices Act triggers public disclosure. If the agency triggered the public-status rule by exchanging appraisals with the owner under subd. 3(b)(1) or by…
Can an elected Colorado political party committee member serve on a judicial nominating commission?
No. The AG concluded that elected precinct committeepersons, elected officers of party central committees, and additional committee members chosen by election held elective political party offices.…
Could Connecticut exclude its hospital-sale consultant from bidding on the property?
The AG concluded that Connecticut should exclude Spaulding & Slye from the Norwich State Hospital sale because its years as the state's development consultant gave it an unfair information…
Could a Dillon architectural-review board member also serve on the Marion-Dillon disabilities board?
The AG said no. It treated both board seats as public offices under the constitutional dual-office rule; taking the second seat would vacate the first by operation of law.
Who regulated airplanes taxiing on airport-adjacent subdivision streets owned by a district?
The county. In the 2004 fact pattern, the streets stayed in the county road system despite district ownership and maintenance, and the Vehicle Code gave the county sole regulatory responsibility.
Can the Maine Legislature cut its own special-session per diem pay by passing a joint order instead of a statute?
Likely not. The Maine AG concluded that a January 2004 joint order purporting to deny legislators' special-session per diem before April 22 was probably unenforceable, because the Maine Constitution…
Did time spent at a Fresno apartment disqualify a Huron council member from office?
The Attorney General denied leave to sue. The challenger showed a Fresno residence but not a change of legal domicile from Huron; the related challenges to two recall-election winners also failed.
Could Idaho voters require the Legislature to call for a federal marriage amendment convention before passing any new law?
The AG said a court would likely find the mandate impermissible. The initiative tried to make every legislative session call for a federal constitutional convention before passing any law, limiting…
Could a school board revive a superintendent-contract motion months after a tie vote?
The AG said the later proposal was a renewal of the motion under the board’s Robert’s Rules procedure, not a timely motion to reconsider the earlier tie vote.
Could a physical therapist work for a doctor who referred patients to the therapist?
The AG said the then-current fee-splitting rule prohibited paid employment by a referring physician or a physician-owned professional corporation whose owner or employee referred patients. It said…
Could Winnsboro ticket a driver for a loud car radio under its sound-amplification permit ordinance?
The AG said a car radio did not appear to be the kind of sound-amplification equipment covered by the cited ordinance, so the ordinance did not support that ticket.
Did a surety bond releasing a South Carolina mechanic’s lien need acknowledgment or proof before recording?
The AG said yes. It treated the bond as an “other instrument” under the general recording statute, so the recording office’s acknowledgment or proof requirement applied.
In 2004, could a North Carolina register of deeds issue a marriage license to a same-sex couple, and what penalties would apply if they did?
No, under the law as it stood in 2004. The NC AG advised that issuing a license to a same-sex couple would violate N.C.G.S. § 51-1.2, which then declared same-gender marriages invalid in NC. A…
Did appointment as a special deputy let a municipal officer make routine traffic stops across Harford County?
Generally no under the 2004 law. The AG said a special-deputy appointment had to meet a specific sheriff's need and ordinarily did not give a municipal officer countywide routine traffic-stop…
Could a town force a tax sale when property taxes were paid but municipal cleanup fees remained unpaid?
The AG said no. Cleanup and demolition charges were collectible like taxes but were not taxes; a county tax-collection agreement did not automatically cover them, and unpaid charges alone did not…
When the NC Employment Security Commission settles with an employer accused of 'SUTA dumping' (shifting employees to shell companies to dodge unemployment taxes), is that settlement agreement confidential or a public record?
Public. The NC AG concluded that once an employer appeals an unemployment-tax assessment, the matter becomes a 'proceeding before a hearing officer' under § 96-4(t)(5), and the settlement agreement…
Could East Feliciana school-board members also serve on the parish planning or Zachary Taylor Parkway commissions?
The AG gave different answers. A school-board member could also hold a part-time appointment to the Zachary Taylor Parkway Commission. A member of the parish planning commission could not also hold…
Did East Feliciana school-board advisory committees have to meet publicly when a quorum discussed recommendations?
Yes. The AG said an advisory committee or subcommittee that deliberated to advise the school board was subject to the open-meetings law when a quorum of that committee met to conduct its business.…
Could Tallulah bar new mobile homes and force existing ones to move under a zoning ordinance?
The AG said Tallulah could adopt prospective zoning limits on mobile-home locations. It warned that applying a ban to existing mobile homes and requiring their removal might be unconstitutional;…
Did Lake Charles Harbor Police have peace-officer authority even though the New Orleans port statute did not name them?
Yes. The AG said the New Orleans port-police statute did not grant Lake Charles police any authority, but the Lake Charles Harbor and Terminal District's own statute authorized police protection. It…
Could Denham Springs advance employees' annual medical spending account benefits without unlawfully donating public money?
The AG concluded that payments under a properly adopted, IRS-authorized Flexible Medical Spending Account plan were earned employment benefits, not unconstitutional loans or donations. Its answer…
Could Montgomery County's council alone approve a mutual-aid deal expanding Park Police jurisdiction?
No under the 2004 law. The AG said Montgomery County could approve the proposed Park Police mutual-aid agreement by enacting a law or by another proper county-law process involving both the…
Would a Maine 'Proposition 13' style property tax cap, capping taxes at 1% of full cash value with limited yearly inflation, survive a constitutional challenge?
Likely unconstitutional. The Maine AG concluded that L.D. 1893's acquisition-cost property valuation method probably violates Article IX, § 8 of the Maine Constitution, which requires property taxes…
Did renting spaces for other people to display cars for sale require a South Carolina dealer license?
The AG concluded that it did under the facts presented, even though the space renter received monthly rent rather than sales commissions. It deferred to the administering agency’s view that…
Could a Beaufort election-board member also serve on Bluffton’s advisory public-safety commission?
The AG said yes on the facts supplied. The election-board seat was a public office, but the Bluffton commission only advised the town council and did not count as a second office.
Would South Carolina’s proposed dairy fee and producer fund withstand a Commerce Clause challenge?
The AG called the proposed dairy bill constitutionally suspect because it linked buyer fees to payments only for South Carolina producers. It also identified a credible distinction: the fee applied…
When did the two-year wait for a former judicial selection commissioner end?
The AG concluded that a former Judicial Selection Commission member entered the forbidden consideration period when he filed an application, not when commissioners interviewed him. A particular…
Did an apostille require Maryland's motor vehicle agency to accept a foreign birth certificate for a license?
No. In 2004 the AG said a proper apostille established the foreign birth certificate's authenticity, so MVA could not reject it on that ground. The treaty did not dictate whether Maryland had to…
Could Baltimore City's fire department bill an HMO member for a covered emergency ambulance ride?
No under the 2004 HMO law. The AG treated Baltimore City's fire department as a provider of a covered emergency ambulance service and said it could collect the legally set fee from the HMO, not bill…
Could Lancaster’s public utilities director serve on county council while keeping the city job?
The AG said the city utilities director was an employee rather than a public officer on the supplied job description, so simultaneous county-council service did not violate the constitutional…
Could the South Carolina Veterans Trust Board award trust money directly to individual veterans?
Under the statute reviewed in 2004, no. The AG read the trust fund law as authorizing support for veterans’ programs and organizations, not direct grants to individual veterans; it said carefully…
Did a Newberry school board member lose the seat after a temporary court order forced a move outside the district?
The AG said board members had to maintain district residence throughout their terms, but it could not decide whether this member had lost legal residence. A temporary move did not settle the issue;…
Could a county supervisor lose office for misdemeanor misconduct, or return after acquittal?
The AG said a conviction for the misconduct alleged in the hypothetical could make the office vacant despite the misdemeanor label. Acquittal on all charges would automatically end the Governor’s…
Could a law firm mail an announcement to doctors at business addresses listed by South Carolina’s medical board?
The AG said the privacy law reviewed in 2004 did not bar mailings to business addresses in the medical board directory, but it did bar using home addresses for commercial solicitation. It declined…
Did a reinstated Morgan City assistant fire chief earn on-call time for weeks he never worked?
No. After the civil-service board restored the assistant chief's position, the city paid the difference in salary and retirement contributions. The AG said he was not entitled to compensatory time…
Could Louisiana's Secretary of State negotiate a public-works project under the 2004 bid limit?
Yes. Under the law as it stood in 2004, the AG said a Secretary of State public-works project costing no more than $100,000 could be done by agency employees, negotiated with contractors, or bid…
Could Morehouse Parish eliminate justices of the peace or cut their and constables' pay during a term?
No. The AG said the Morehouse Parish Police Jury could not eliminate the justice-of-the-peace or constable offices, and could not reduce an elected official's salary during the current term. It…
When a NC incompetency proceeding starts and the respondent needs a court-appointed lawyer to serve as guardian ad litem, who has the authority to make that appointment, the Clerk of Superior Court or the state's Indigent Defense Services?
Indigent Defense Services (IDS), not the Clerk. § 35A-1107 and § 35A-1130 specifically say guardian ad litem appointments in incompetency and competency-restoration proceedings are made 'in…
Could Abbeville County officials keep county funds outside the treasurer’s control or vote on them in closed session?
The AG said separate council-controlled accounts and disbursements could unlawfully diminish the treasurer’s statutory duties without specific authority. Council could delegate administrative work,…
Could a South Carolina subdivision covenant restrict where a homeowner put a satellite dish?
The AG said a subdivision covenant restricting satellite-dish placement could be enforceable in some circumstances. It had not examined a particular covenant, so it did not decide whether any…
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