State AG Opinions
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Does a New York city police officer who is hurt while moonlighting as a security guard at a city recreation center get General Municipal Law § 207-c benefits?
Generally no. General Municipal Law § 207-c benefits are reserved for injuries sustained in the performance of heightened-risk police duties tied to the criminal justice process. An off-duty officer…
Did a Port Allen police officer have to resign or take leave to run for city marshal?
No. The AG told the Port Allen police officer he need not resign or take mandatory leave to run for city marshal. It stated the general rule for unclassified employees and said campaigning could not…
In what order should a Louisiana city council vote on nominees for a local civil service board?
The AG said the governing authority should vote on nominees in the order they were nominated, using Robert's Rules. R.S. 42:5 required public-body votes to be taken openly and recorded.
Which public education employees received payment for unused sick leave at retirement or death, and could they choose retirement credit instead?
The AG said the sick-leave payment statute covered teachers and other employees of the named public education boards regardless of retirement-system membership, except classified civil-service…
Can the Georgia State Financing and Investment Commission (GSFIC) enter into reverse repurchase agreements as part of its short-term cash management?
Yes. The Attorney General read O.C.G.A. § 50-17-2(a) as authorizing both directions of the transaction: a state agency may sell securities under an agreement to repurchase them at a future date (a…
If a school board adjourns its meeting and later reconvenes in executive session, does it need a fresh public vote to go back into closed session?
Yes, under the law as it stood in 2003. The AG found Sussex Technical School District violated FOIA because it adjourned its meeting, then went back into executive session twenty minutes later…
Did South Carolina's local hospitality tax apply to sliced ham, birthday cakes, and other individual grocery foods?
The AG said these items ordinarily were components of a meal, not taxable 'prepared meals' under the 2003 Local Hospitality Tax Act. Whether another item qualified depended on its facts, and the…
Can a New York village ban OTB betting facilities in all zoning districts, and what zoning rules can be applied to simulcast theaters and branch offices?
No to a blanket ban. The village could not zone OTB simulcast or non-simulcast branch offices out of all districts, nor could it prospectively ban simulcast theaters everywhere. It could withhold…
If Maine voters approve the Tribal Gaming Act by citizen initiative, what would the casino look like, who would regulate it, and could the Legislature change it later?
AG Rowe gave eight detailed answers but could not give clean ones. Many provisions are ambiguous or in tension with the federal Settlement Act, the Maine Implementing Act, and Maine constitutional…
Could Somerset amend its charter so voters could propose and enact town ordinances by ballot initiative?
Yes. The AG concluded that Somerset could amend its charter to let voters enact legislation without council action, subject to the same State constitutional, public-general-law, and federal limits…
Could South Carolina police cite a careless-driving ordinance violation on a municipal ordinance summons?
No. The AG said a municipal ordinance regulating motor vehicles on public roads, including careless operation, had to be cited with a uniform traffic ticket rather than a municipal ordinance summons.
Could a South Carolina town ordinance require a municipal judge to impose a fixed fine?
No. The AG said a town ordinance could not fix a particular fine in a way that removed the municipal judge's sentencing discretion within the limits set by state law.
Could a South Carolina town clerk of court also work as utility clerk for another town?
Yes, on the described facts. The AG treated the Perry clerk of court as a public officer but the Wagener utility clerk as an employee, so holding both roles did not violate the constitutional…
Could a Clemson University police patrolman also serve on a South Carolina city council?
The AG said the described patrolman could serve on the Westminster city council without violating the dual-office rule because his police authority came solely from a constable commission, an…
Could a South Carolina county council cut the salary of an appointed clerk of court during the unexpired term?
The AG said no. It reaffirmed an earlier opinion that the clerk's salary could not be reduced during the existing term merely because a new person was appointed to fill the vacancy.
Did Louisiana's sheriff payroll-padding statute bar costs from opening an 80-bed work-release facility?
The AG said the statutory exception for completing a new prison facility or expanding an existing one covered the described work-release project. It concluded that the project's construction…
Who could perform DeQuincy's mayoral duties while its mayor was absent or unable to serve?
The AG said the mayor's designee could act during a temporary absence. Once the mayor was back in the city but remained unable to serve, DeQuincy's disability procedure applied; temporary service by…
Did a Columbia city manager hold a second public office by supervising public safety departments?
The AG said no on the described arrangement. Police, fire, emergency services, and accreditation responsibilities were additional duties of the city manager position, not a separate public office.
Did Georgetown County lose its turn on South Carolina's State Board of Education when Horry County's member stayed longer?
No. The AG said unanimous consent extending Horry County's member only postponed the required county rotation; Georgetown County retained the next turn after that member's term ended.
Could a Louisiana police officer work full-time for one city and part-time for another?
Yes, under the dual-employment rule described by the AG, because the second police job was part-time. The answer assumed that civil service law and each employer's policies allowed the arrangement.
Could an assistant district attorney sit on Lafayette's fire and police civil service board, and could the city limit members' terms?
The AG said the assistant district attorney's public employment barred simultaneous board membership. It also said Lafayette could not add term limits by ordinance when the governing statute set…
Could a South Carolina special tax district give tax money to a members-only civic club or pay its legal bills?
The AG said district money could go to a private club or its projects only for a demonstrated public purpose. The club's litigation fees generally did not qualify unless they benefited the public,…
Could a South Carolina public university trustee also sit on a federal Small Business Administration advisory committee?
The AG said yes. A Medical University of South Carolina trustee held a state office, but the federal advisory-committee role was not a second state office for South Carolina's dual-office rule.
Could one person serve on South Carolina's Board of Law Examiners and a city housing authority board?
No. The AG said both positions were state or local public offices, so holding them together violated the dual-office rule. Taking the second office would automatically vacate the first, although the…
Did South Carolina's accommodations-tax restriction on paying old bonded debt cover Florence Civic Center certificates of participation?
The AG concluded that the restriction in Section 6-4-15 likely did not cover Florence's certificates of participation because their payments depended on annual appropriations and they were not…
Can a school board add a last-minute construction change order to its meeting agenda by just voting to amend the agenda that day?
No, under the law as it stood in 2003. The AG found Woodbridge School District violated FOIA by approving a $30,373 construction change order added to the agenda the same day, without giving the six…
Are the names of insurance carriers that cover a Delaware county's public officials public records?
Usually yes, according to this opinion, since routine policy details like the insurer's name and coverage terms relate to how public funds are spent. But the AG found this specific request was…
Did Minden employees transferring from other city departments immediately qualify for fire department longevity pay?
No. The AG said a firefighter first needed three years of continuous service with the Minden Fire Department to qualify for longevity pay under the cited statute; work in another city department did…
Could Kentucky Medicaid charge an optometrist copay but waive it for the same service from an ophthalmologist?
No. The Attorney General concluded that Kentucky Medicaid could not charge a copayment when a licensed optometrist performed a covered eye-care service but waive it when an ophthalmologist performed…
Could a South Carolina county delinquent tax collector also serve on a school board?
The AG said no. Both the Barnwell County delinquent tax collector and a district school-board member held public offices; assuming the board seat would automatically vacate the collector's office.
Could a Louisiana court reporter charge more than the statutory $1.50 per-page transcription fee without a new law?
No. The AG said the reporter could not charge above the amount provided by statute without another legislative authorization. The letter did not separately resolve the request's question about pay…
Can a parish hospital district's nominating committee members be personally liable for their nomination work?
The AG explained that the cited statute protects qualifying board, commission, or authority members from individual liability for good-faith policy judgments within their official duties, absent…
Could Zachary's city council remove the city attorney whom the mayor had appointed?
No under the charter provision the AG examined. The city attorney served at the mayor's pleasure, and the AG concluded that the mayor alone, as appointing authority, could remove the attorney.
Could Richwood's fiscal officer work part time in a summer lunch program and receive a grant-funded salary supplement?
The AG said the dual roles were allowed where the fiscal officer was an appointed official and at least one role was part time. A grant-funded supplement was probably allowed if the grant's terms…
Did Connecticut’s 2003 workplace smoking ban apply inside tribal casinos?
The AG concluded that the 2003 smoking ban did not cover casino premises operating under valid casino liquor permits. The tribal gaming agreements called for health standards at least as rigorous as…
Could a mosquito control district assess city-owned land inside the city for its operations?
The Attorney General concluded in 2003 that city-owned land within a mosquito control district could be specially assessed under RCW 17.28.255 to the extent the land received a special benefit. The…
Could Washington’s education board allow private schools to hire teachers without Washington certification in exceptional cases?
The Attorney General concluded in 2003 that the board’s revised rule on non-Washington-certified private school teachers did not conflict with RCW 28A.195.010. The statute permitted unusual…
Can Anne Arundel County let its Planning Advisory Board, instead of a formal 'Planning Commission,' review development rights and responsibilities agreements with developers, and can the county require developers to submit one of these agreements as part of every concept plan?
Yes on the review board, no on making it mandatory. The opinion concluded state law lets any local entity familiar with the county's land use plan, not just one titled 'Planning Commission,' review…
Could a Louisiana police juror also work full-time as a district attorney's child-support director?
Yes on the facts presented. The AG treated the district attorney's office and the police jury as separate political subdivisions and found the funding-incompatibility rule inapplicable because the…
Could Ville Platte use city money for a youth apprenticeship and mentoring program?
Yes. The AG concluded that Louisiana law authorized Ville Platte to fund the described apprenticeship and internship program for at-risk youth. It suggested objective screening to ensure…
If Abita Springs' elected police chief resigned before voters decided whether to appoint future chiefs, did the town still have to call an election?
Yes. The AG said the town had to call a special election to fill the elected chief's vacancy under the law then in force. If voters later approved an appointed-chief system while an interim…
Did Connecticut veterans need combat service to qualify for Persian Gulf War benefits after the 2003 change?
The AG said the 2003 amendment expanded Connecticut war service benefits to qualifying Persian Gulf War veterans without a combat or combat-support requirement. He found the veterans guide…
Did an indictment automatically require Connecticut to cut a New York racing signal?
The AG concluded that a possible indictment of the New York Racing Association would not automatically require Connecticut to terminate its racing signal. The gaming division had to promptly assess…
Were VIN etching products with theft payments insurance in Connecticut?
The AG concluded that three specific VIN etching products promising payments after vehicle theft did not qualify as insurance on the facts presented. He found no demonstrated scheme to distribute…
Could a Washington school district use its own funds to provide free breakfast to students who did not qualify for federal meal aid?
The Attorney General concluded in 2003 that the described school breakfast program likely did not violate the state constitution’s ban on gifts of public funds. The answer assumed administrative…
Was breach of the peace still a South Carolina common-law offense that police could enforce in 2003?
Yes. The AG said the common-law offense remained despite a separate disorderly-conduct statute, and officers could enforce it. The opinion described limits on warrantless misdemeanor arrests and…
Did Beaufort need a new tourism-advisory review every year to reimburse a performing arts center project from accommodations tax?
The AG said one review of the entire five-year project satisfied the project-review requirement; a fresh recommendation was not needed before each annual payment. The restriction on retiring old…
Could a house owned by a South Carolina corporation or LLC receive the owner-occupied residential property-tax assessment?
The AG said no under the ownership rule it discussed. A shareholder or LLC member living in a company-owned house was not the owner of the real property for the legal-residence assessment.
Can NC let waterfront homeowners lease the water under their docks to grow oysters for personal use?
No, not under existing statutes. The AG concluded that the Division of Marine Fisheries and the Marine Fisheries Commission have no authority to grant exclusive leases of the bottom or water column…
Could a person with a disability ride a battery-powered mobility scooter on a Louisiana public road?
In this 2003 opinion, the AG said no. It classified the scooter as a motor vehicle but found no available way to register or inspect it for legal road use. The opinion found no prohibition on…
Could the University of Colorado Regents transfer assets to a private supporting foundation without a cash payment?
The AG said the proposed transfer could satisfy Colorado’s anti-donation and anti-appropriation clauses if the Regents formally found a specific public purpose for it. The Regents had not made that…
Could a South Carolina school district exceed a local six-mill tax cap to meet the state's minimum education funding requirement?
The AG said a court would likely allow an increase beyond York County's local six-mill cap when needed to meet the statewide minimum local education effort. The cap otherwise remained in force…
Did South Carolina natural-resources officers with governor's commissions qualify for the constable exception to dual-office rules?
The AG said yes for Department of Natural Resources officers commissioned by the governor, including the regular and deputy officers described. The conclusion rested on the state supreme court's…
When must a child turn 5 to enter North Carolina public kindergarten, and can a principal admit a younger child?
The AG concluded a child had to reach age 5 on or before October 16 of the kindergarten year to be entitled to initial entry. A principal had no discretion to admit a younger child unless the child…
Could South Carolina school trustees keep serving after their terms expired while waiting for successors?
Yes. The AG said three John de la Howe School trustees could continue as de facto board members until successors were appointed and qualified, even though the statute had no express holdover clause.…
Did a South Carolina county council member lose her seat by moving outside her current district after redistricting?
The AG said yes on these facts. The member voluntarily moved from current District Three to District Four, so the redistricting protection did not preserve her seat. She could serve de facto until a…
If Emerald Isle moves the Bogue Inlet navigational channel and creates new land by dredging or accretion, who owns the new beach: the State or the adjoining property owners?
The adjoining property owners. Under G.S. § 146-6(a), land raised above the high water mark by accretion vests in the owner of the land that immediately adjoined the navigable water. Under §…
Who paid to repair a Vivian customer's sewer pipe after it crossed the property line under a state highway?
On the town's description of its ordinances and customer arrangements, the AG said the customer had to repair the building sewer all the way to the main, even under the highway. The opinion…
Could children ride in a pickup truck bed under South Carolina's 2003 restraint and seatbelt laws?
The AG said children under six had to use a proper restraint in the truck's passenger compartment; the pickup-bed exceptions did not cover them. For ages six through fourteen, a listed pickup-bed…
Did federal permission to possess a machine gun also qualify someone for South Carolina's machine-gun registry or permit them to sell it?
The AG said no. In 2003, a federal-possession authorization could exempt a person from the state criminal possession ban but did not add that person to SLED's registry eligibility list. Selling a…
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