State AG Opinions
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Were the meetings and records of a California nonprofit running a city's educational cable channel open to the public?
Yes. The AG concluded that the nonprofit's board was covered by the Brown Act through both the city's creation and delegation of its role and the school district's funding and board membership.…
Did Louisiana's elderly affairs office need a contract with each council on aging to distribute donated utility aid?
The AG said no. The office could pass Entergy customer donations to designated councils for needy residents' utility bills if it helped establish objective need criteria; it recommended records of…
Could Franklin Parish use public funds to repair a VFW driveway serving a polling place and council on aging?
The AG said spending parish funds on the privately owned driveway was subject to constitutional challenge, even though voters and older residents used the site.
Could Avoyelles Parish officials help pay for past retirement credit after district attorney employees were not enrolled?
The AG said the district attorney's office could contribute if the employees' missed enrollment resulted from its administrative error. The police jury could fund that share directly, but the AG…
How long could a South Carolina criminal judgment be enforced after the defendant died?
For the specified criminal judgments, the AG said execution remained available for ten years from filing in the court’s civil judgment records and the judgment could not be renewed after expiration.…
Could California school districts pay for trustee candidate statements in voter pamphlets?
Yes. The AG concluded that school and community college districts could pay the printing, handling, translation, and mailing costs for all trustee candidate statements in the voter pamphlet.
Do new Texas bail bond license requirements apply to an application filed before the law took effect?
No. The Attorney General concluded that the work-experience and continuing-education eligibility requirements Senate Bill 1119 added to section 1704.152(a)(4) of the Occupations Code applied only to…
Who controls the content of Texas's statewide student tests, the State Board of Education or the Education Agency?
The Texas Education Agency, not the State Board of Education. The Attorney General concluded that while the State Board's job under section 39.022 of the Education Code is to create and implement…
When you cancel a Texas prepaid funeral plan, do you get back half the earnings on your money?
Only if the plan is trust-funded. The Attorney General concluded that the 2001 amendment to section 154.155(d) of the Finance Code, which lets a purchaser who cancels a prepaid funeral benefits…
Can a Texas county commissioners court create its own courthouse police force?
Not on its own authority. The Attorney General concluded that article 102.017 of the Code of Criminal Procedure lets a commissioners court spend the courthouse security fund to pay for security…
Could an individual South Carolina school board member access student records under FERPA?
The AG said school board members had broad authority to request district records, but an individual member’s access to student records required the board to determine that the member had a…
Could a California county ban candidates from transferring campaign funds to their own later campaigns or to other candidates?
The AG concluded that a blanket ban could not stop a candidate from transferring money between that candidate's own campaigns. A ban on transfers to another candidate was supportable only to prevent…
Could an East Feliciana justice of the peace also teach full time at Louisiana Technical College?
The AG said dual officeholding law allowed the teaching role if it was professional educational work. It separately suggested seeking an advisory ruling from the Judiciary Commission on judicial conduct.
Could Maryland enforce a strict two-year Return/Diversion service limit without rulemaking?
No. The AG said a firm two-year limit on the Return/Diversion program's services needed to be adopted through the Administrative Procedure Act's rulemaking process. It also said such a time limit…
Could transit agency directors use free bus passes to monitor their own agency’s service?
Yes. The AG concluded that duty-related passes from the directors’ own agency did not fall within the constitutional free-pass prohibition analyzed in the opinion.
Were FREESPIN and FREEDRAW collector-card vending machines legal in South Carolina?
The AG concluded that the described FREESPIN and FREEDRAW collector-card vending machines were illegal games of chance prohibited by §12-21-2710, making their possession in South Carolina illegal.…
Under North Carolina's 2001 MBE construction-contracting law, does each state agency receiving construction money have to develop its own minority-business outreach plan, or can the Department of Administration write one plan covering all of them?
Each public entity must develop its own outreach plan. The 2001 Session Laws use 'public entity' to mean every elected or appointed authority with legislative, policy-making, quasi-judicial,…
Does a Texas oil or gas well location have to be measured by a licensed land surveyor?
No. The Attorney General concluded that the Texas Board of Professional Land Surveying could not require every proposed well location filed with the Railroad Commission to be surveyed by a…
Can a city council member appoint himself to a board the council fills?
No. The Attorney General concluded that a member of the Watauga City Council could not appoint himself to the board of directors of the Watauga Crime Control and Prevention District. Because the…
Does an assistant prosecutor's longevity-pay service credit carry over between Texas counties?
Yes. The Attorney General concluded that 'lifetime service credit,' which determines longevity pay for assistant prosecutors under subchapter D of chapter 41 of the Government Code, does not have to…
Could a city staff member negotiate a development deal when her spouse worked for a firm serving the developer?
No, under the facts reviewed. The AG found a prohibited indirect financial interest even though the spouse owned no part of the firm, would not work on the project, and had fixed pay.
Could Hammond police department secretaries, dispatchers, or other non-enforcement staff receive Louisiana supplemental pay?
The AG said purely clerical or non-enforcement staff generally were excluded, but specified classified police secretaries and full-time radio dispatchers could qualify without being commissioned…
Could Carroll County put a water pipeline in a Sykesville road without the town's consent?
Yes, under the public local law analyzed in 2002, Carroll County could install the pipeline in a Sykesville road right-of-way without town consent. The AG separately said the county's general…
Could South Carolina police independently arrest people for federal immigration crimes in 2002?
The AG concluded that South Carolina state and local officers then lacked state-law authority to enforce federal immigration law independently. He said legislation was needed to empower them to…
Could the Connecticut resources authority chair serve before legislators voted on his appointment?
The AG concluded that Peter Ellef was properly serving as chair of the Connecticut Resources Recovery Authority under a later gubernatorial appointment made while the legislature was out of session.…
Does a New York village trustee who owns property in a Business Improvement District have a conflict of interest that requires recusal on the BID budget vote?
It depends on the size of the trustee's stake. The AG laid out a Tuxedo-Parker framework: if the trustee's interest in the BID budget outcome is substantial and direct (large property holding, a…
Can a New York village design review board include a practicing architect whose firm occasionally has projects before the board?
Yes. The architect did not have to resign as long as his firm's projects came before the board only rarely (about once a year). On those occasions he had to recuse entirely. If recusal became a…
Can a New York city building department typist also serve on the same city's zoning board of appeals?
No. The AG concluded the positions were incompatible because the typist's supervisor (the building inspector and zoning administrator) had determinations subject to review by the zoning board,…
Could Springhill pay a school resource officer's expenses when the officer also served schools in nearby towns?
The AG said the federal grant could pay the officer's salary across Ward II. Springhill could pay the remaining expenses if it found the services to its own residents more valuable than the cost,…
Can a New York city pass a local law letting its city court judge live in the county instead of the city?
No. The AG concluded a city may not adopt a local law inconsistent with Public Officers Law § 3 and Uniform City Court Act § 2104, which require a city court judge to reside in the city. Even if…
Could Idaho voters restore ballot-access restrictions for state officials through a 2002 term-limits initiative?
The AG said the initiative appeared constitutionally permissible because it largely restored ballot-access limits the Idaho Supreme Court had upheld in Rudeen v. Cenarrusa. It would count…
Did South Carolina’s 2001 machine-gun exception also cover sawed-off shotguns and rifles?
The AG said a 2001 exception for federally authorized possession appeared to cover machine guns and military firearms, not sawed-off shotguns or rifles, though the point was not free from doubt. For…
Did Montgomery College need a county historic-preservation work permit for its projects on State land?
No county historic-preservation work permit was required for the two projects described. The AG said they were subject to Maryland Historical Trust consultation under State law, while the Montgomery…
If Tallulah's new council district plan lacked preclearance, did the mayor and police chief elections also have to be delayed?
The AG said council candidate qualifying and the council election had to wait for preclearance and then use the next available date. The at-large mayor and police chief qualifying and elections…
Did farm-equipment rules exempt Northwestern State University grounds vehicles from licensing on campus streets?
The AG did not decide whether the grounds equipment qualified for an exemption. It advised consulting the Department of Transportation and Development first and noted its earlier conclusion that…
Could Simmesport's elected mayor also serve on the Avoyelles fire protection district board?
The AG said the mayor could hold a part-time seat on the fire district board if the parish governing authority appointed him. The town could not appoint its own mayor to that district board under…
Can a deceased Texas bail bondsman's relative keep running the business without a new license?
No. The Attorney General concluded that section 1704.152(c)(2) of the Occupations Code excuses the close relative or surviving spouse of a deceased bail bond licensee only from the work-experience…
Can a Texas county fax an elected officer the written notice of their proposed salary?
Yes. The Attorney General concluded that section 152.013 of the Local Government Code requires only that the commissioners court give each elected county and precinct officer 'written notice' of the…
What does 'rehabilitation' legally mean for Texas blind services run by the Commission for the Blind?
The Attorney General gave the statutory definition: under chapter 91 of the Human Resources Code, 'vocational rehabilitation' or 'vocational rehabilitation services' means services the Commission…
Could a Kentucky city tell employees to direct political candidates’ work questions to the city manager?
The Attorney General concluded that a city could require workers to send candidates’ job-related questions to the city manager during work hours. The opinion relied on the rule’s limited scope and…
Could an elected city marshal, constable, or police juror also serve as a deputy sheriff in Louisiana?
The AG said an elected marshal or constable could serve as a part-time deputy sheriff under the general rule considered, while a parish police juror could not hold any sheriff's office or…
Could a Louisiana justice of the peace appoint someone else to serve papers when the constable was available?
The AG said no. When a constable or deputy was qualified, willing, and able to act under the statute, service by another appointee was void; the justice could use another server if the constable or…
Can the Texas Health Care Information Council set its own fees for hospital data instead of using the open records fee schedule?
Yes, for two kinds of data. The Attorney General concluded that section 108.012(b) of the Health and Safety Code specifically lets the Texas Health Care Information Council set its own fees for…
Is a Texas county on-site sewage (septic) system inspector a peace officer?
No. The Attorney General concluded that the designated representative of an authorized agent (here, Hale County) of the Texas Natural Resource Conservation Commission, working under chapter 366 of…
When does a Texas constable's deadline to get a permanent peace officer license start if he was appointed and then elected?
From the start of the elected term. The Attorney General concluded that a Bowie County constable who was first appointed to fill an unexpired term and later sworn in to a full elective term had 270…
Can an off-duty Texas peace officer working security on a casino boat make arrests once the boat is at sea?
Only inside Texas waters. The Attorney General concluded that Texas peace officers working as off-duty security guards on casino boats can make arrests under state law within the state's territorial…
Does Texas own old artifacts that were dug up from state land before the 1969 Antiquities Code?
Not automatically. The Attorney General concluded that whether the state owns artifacts removed from state lands before the 1969 Antiquities Code depends on the particular artifacts and where they…
Could Idaho voters reduce the Fish and Game Commission to five members and change how commissioners were nominated?
The AG said the initiative could make the proposed changes because the Fish and Game Commission was created by statute and initiatives are a form of legislative power. The certificate found no…
Can a New York taxicab charge a different fare for the same trip at different times of day?
Yes, as long as the different fares and the conditions under which they apply are conspicuously posted inside the cab. The AG concluded that General Business Law § 396-p(1) assumes fare variation is…
Can North Carolina local school boards pool their risk through the NC School Boards Trust, and does joining that pool waive their governmental immunity for tort claims?
Yes. School boards can join the NC School Boards Trust as a joint agency under Chapter 160A, Article 20. Participation in its self-retained component does not waive governmental immunity under G.S.…
Can a public hospital system in North Carolina lend operating revenues to a nonprofit hospital corporation it created to run a long-term acute care hospital?
Yes. The Municipal Hospital Act (G.S. § 131E-7(b)) lets public hospitals contract with nonprofit corporations to provide health care and use hospital revenues to fund those contracts. A $1.825…
Can a New York city pay back a council member's court filing fees for a personal Open Meetings Law lawsuit against the city that was dismissed?
No. The AG concluded the gift-or-loan clause of N.Y. Const. Art. VIII § 1 bars the reimbursement. Bringing an Open Meetings Law suit is not within a city council member's official duties; the…
Where did unclaimed victim restitution go under Connecticut’s 1997 compensation fund amendment?
The AG concluded that unclaimed restitution collected before the 1997 amendment took effect went to the Treasurer under the old unclaimed-property rules. Restitution collected afterward went to the…
Could Pollock annex a nearby subdivision that did not touch the town's existing limits?
The AG said Pollock's proposed annexation required the land to touch the town's boundaries. Its footnote quoted a separate statutory road-right-of-way corridor provision, but the opinion did not…
May Gramercy officers use town police cars for off-duty security, and when may its mayor dismiss a traffic ticket?
The AG said the department could allow off-duty security work using town vehicles, but it could face liability for officers' actions. The mayor could enter a nolle prosequi for a violation before…
Are a North Carolina legislator's emails and other written communications about redistricting public records the public can inspect, and who is the legal custodian of those records?
It depends on who the communication was with. Communications between a legislator and a legislative employee, including a staff lawyer, are confidential before enactment of a redistricting plan and…
Could a Beaufort County council member keep a merged district seat without an election?
The AG said an election was required after Beaufort County redistricting placed two sitting council members in the same new district. One member’s announced intention not to seek reelection did not…
When could California declare new school-construction funds unavailable for Level III impact fees?
The AG said the State Allocation Board could give the statutory notice only when it stopped approving new-construction apportionments for lack of funds. A queue exceeding available funds was…
Which Baltimore Ravens costs could be paid from permanent seat license revenues?
The AG said seat-license proceeds could not pay the Ravens' regular stadium operating charges or, ordinarily, the team's own stadium improvements. They could cover the share of an NFL expansion fee…
Could a county council member’s spouse serve on South Carolina’s local election board?
The AG found no law automatically barring a county council member’s spouse from serving on a county election commission or voter registration board. He said campaign-activity restrictions and the…
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