State AG Opinions
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Could South Carolina’s parole board keep each member’s parole vote secret under its own policy?
The AG said individual parole board votes to grant or deny parole had to be available to the public under South Carolina’s Freedom of Information Act. A board policy of reporting only totals could…
Could a town planning director also sit on a South Carolina county zoning appeals board?
The AG said the Town of Hollywood planning director could not simultaneously serve on the Charleston County Board of Zoning Appeals. The office read the statutory restriction on holding another…
Could a Louisiana district attorneys' retirement member buy credit for National Guard service earned while already in the system?
The AG said overlapping membership alone did not bar a purchase of National Guard service credit, up to the statutory limit. The member could not duplicate credit already received in another public…
Did a 1999 South Carolina amendment give thirty days for criminal appeals from magistrate or municipal courts?
The AG predicted a reviewing court would preserve the specific ten-day criminal appeal rules for magistrate and municipal courts. It read the general thirty-day language in the 1999 amendment as…
Could Evangeline Parish use solid-waste tax money to offset commercial pickup fees?
The AG said the Solid Waste Commission could use the dedicated tax funds for commercial and industrial waste pickup because its act, voter-approved tax purpose, and contract created a duty to serve…
Could a railroad crossing lessee barricade the route used by owners of landlocked Louisiana property?
The AG said the landowners appeared to have a legal right of passage over the shortest, least harmful route to the public road, including the crossing if that route met the test. On the described…
When Georgia changed its campaign-contribution limits to use 'election cycle' periods starting January 1, 2001, do contributions a candidate received before that date count against the new limits?
No. The Georgia AG concluded that pre-January 1, 2001 contributions should not count against the new election-cycle limits in O.C.G.A. § 21-5-41. Pre-2001 contributions are governed by the old…
Could Louisiana license a specialty vehicle dealer whose established business was outside the state?
The AG said the Louisiana Motor Vehicle Commission could license a dealer or converter with an established place of business outside Louisiana. The commission could still deny an application if the…
Could a Louisiana parish police jury abolish a 911 communications district it had created?
The AG said West Carroll Parish could abolish its 911 district under the then-current statute, provided its debt was addressed before abolition. The 911 district was optional under the creation law,…
Could Louisiana appeal courts buy uniform shirts for judges and staff from clerk-collected court funds?
The AG said yes. The statute allowed the remaining clerk-collected fees to pay court operational expenses, and shirts bearing court seals for official-duty use fit that purpose.
Could Acadia Parish voters reduce the number of school board members during reapportionment?
The AG said the school board could submit its size to the voters if the board's size was being changed through reapportionment. He reaffirmed an earlier opinion applying that condition.
Did a farmer have to sell products on the farm to qualify for Louisiana's producer sales-tax exemption?
The AG said no. Under the statute he reviewed, 'direct from the farm' described a sale by the producer, not a requirement that the customer buy on the farm premises. A sale by someone other than the…
Could Amite require 72 hours' notice for a special council meeting when state law required 24?
The AG said Amite could require special-meeting notice earlier than the state law's 24-hour minimum if its council considered the ordinance necessary for proper municipal management. The proposed…
When could a South Carolina municipal officer act outside city limits during a pursuit or joint investigation?
The AG said an officer’s authority outside city limits depended on the applicable basis: hot pursuit, a distress call from an adjacent jurisdiction, an emergency request, or an agreement covering…
When a Georgia school district or county collects an Education SPLOST or special county SPLOST and the money sits in an interest-bearing account before being spent, who gets the interest and what can it be used for?
The same projects. The Georgia AG concluded that interest earned on Education SPLOST and special county SPLOST proceeds must be used exclusively for the purposes specified in the resolution or…
Did South Carolina election officials have to mail new voter cards after every stage of redistricting?
The AG said election officials had to mail notice when a voter’s precinct or ward used as a precinct changed, but the cited statute did not require new cards simply because legislative or council…
Can the Governor of North Carolina appoint people who already work for the state to the State Board of Education, or are state employees disqualified the way they are from the UNC Board of Governors?
Yes, the Governor can appoint state employees to the State Board of Education. The 2001 NC AG opinion read N.C.G.S. § 115C-10 carefully and found that it disqualifies only a narrow set of people:…
Could South Carolina police notify neighbors about a registered sex offender living nearby?
The AG said the registry law allowed a sheriff or other law enforcement officer to disseminate covered information when the officer had reason to believe release would deter criminal activity or…
Did Ascension Parish's assessor or sheriff have to put demolition costs on property tax bills?
The AG said La. R.S. 33:4754 did not require either Ascension Parish's assessor or sheriff to collect the costs or place them on tax rolls. The statute allowed the finance director or equivalent…
Do Texas charter school board members have to follow the state nepotism and conflict-of-interest laws?
The Attorney General concluded that the board members of a nonprofit corporation that runs an open-enrollment charter school, and the members of any separate board for the school itself, were not…
Can a Texas county let its tax-collection law firm decide when foreclosed properties get resold?
The Attorney General concluded that a taxing unit cannot adopt a 'blanket' resolution that hands its private tax-collection attorneys the power to direct the sheriff or a constable on when to resell…
Can a Texas county pay court employees a one-time salary supplement from refunded judicial funds?
The Attorney General concluded that compensating court personnel is a 'court-related purpose,' so excess contributions refunded to a county under section 26.008 and earmarked for the judiciary under…
Can a school nurse in North Carolina refer a student to the local Health Department for confidential medical care (like STI testing, pregnancy services, substance abuse help, or mental health care) without notifying the student's parents, and can a school board prohibit those referrals?
Both yes. The 2001 NC AG opinion concluded that N.C.G.S. § 90-21.5 lets a minor consent on their own to medical services for venereal disease, pregnancy, substance abuse, and emotional disturbance,…
Was a newly elected Louisiana sheriff required to keep dispatching 911 calls under a predecessor's oral agreement?
The AG said the sheriff's office had no general duty to dispatch for the 911 district, and the former sheriff's agreement did not bind the newly elected sheriff. He also distinguished permitted dual…
When a North Carolina citizen review board reviews a police disciplinary case, can the city release the officer's prior misconduct records and the underlying facts to the board and to the complainant?
Partly. The NC AG concluded in 2001 that the local Act creating the Charlotte/Mecklenburg Citizen Review Board permits (but does not require) the City Manager or Chief of Police to disclose to the…
Could one person serve on both a county planning commission and South Carolina’s technical education board?
The AG said both posts were public offices under the state constitution, so one person could not lawfully hold them at the same time. Taking the second office automatically vacated the first,…
Could a Louisiana sheriff waive interest and penalties on overdue property taxes, including adjudicated property?
The AG said the sheriff as tax collector generally could not waive delinquent property-tax interest, penalties, or costs, including on adjudicated property. He identified narrow circumstances…
Could a Louisiana housing authority board member also work for the city that appointed them?
The AG said the City of Rayne could employ its housing authority board member if at least one of the two positions was part time. The then-current dual officeholding rule barred holding both as…
If a Wyoming town incorporates after the federal census but before a state mineral fund payout, can the new town receive a population-based share?
Yes. The AG concluded that a new town incorporated on or before July 1, 2001 (the date the Municipal Mineral Trust Fund was repealed) could participate in the population-based portion of the fund's…
Could Louisiana public colleges add a utility surcharge without a two-thirds vote of the Legislature?
The AG said the boards could impose the proposed utility surcharge without a two-thirds legislative vote. He treated utility charges like student housing and food-service charges, which he said were…
Did a South Carolina coroner need to handle cremation of a potentially viable fetus under the permit law?
The AG advised the coroner to treat the described death as requiring consideration under the ordinary cremation-permit process. The letter said viability was a medical fact, but reasoned that a…
Which pay rate applied to a school employee's unused sick leave when entering DROP?
The AG said the unused sick-leave payment available on entering DROP was calculated at the pay rate in effect on the employee's last day of service before enrollment. A higher temporary…
Should Connecticut mark hazardous state-owned dams even if warning signs might affect liability?
The AG advised Connecticut’s environmental agency to mark potentially hazardous state-owned water-retention dams. The applicable duty depended on each visitor’s status and facts, but a failure to…
Could a South Carolina fire department accept charity-run proceeds without owing income tax?
The AG said the Blythewood Fire Department could accept the proposed fundraiser proceeds, provided donated money was used for a public purpose and handled as public funds. Because the department was…
Can a Texas school board require the superintendent to attend its closed executive sessions?
The Attorney General concluded that a clause in a superintendent's employment contract requiring her to attend all of the board's executive (closed) sessions does not violate the Open Meetings Act.…
Can a Texas land surveyor submit a competitive bid to a prime contractor on a government project?
The Attorney General concluded that the Professional Services Procurement Act covers any government contract that includes professional services as a component, including services bought through a…
Does a Texas school district subtract property in a tax increment financing zone from its taxable value?
The Attorney General concluded yes. Government Code section 403.302(d)(8) requires the Comptroller to deduct the captured value of property subject to a tax increment financing agreement under Local…
Can a Minnesota county and its bargaining units, in a new collective bargaining agreement, add or raise co-pays on the health insurance plan in a way that also applies to retirees who are continuing under the county plan?
Yes, as long as the same changes apply to active employees. The AG concluded that nothing in Minn. Stat. § 471.61 prevents a county and union from agreeing to add or increase co-pays in a way that…
Could Frederick keep every proceeding and record of a proposed civilian police review board confidential?
The AG said the proposed board process could be structured to protect officers' statutory rights, but the city could not promise blanket confidentiality for the board's records and meetings. The…
Did Louisiana's Private Security Examiners Board regulate guards employed by private prisons?
The AG said the board had no authority or responsibility to regulate guards working for private prison contractors under the Corrections Private Management Act. The Act expressly exempted those…
Does Texas' pollution-control property tax exemption cover equipment at a brand-new facility?
The Attorney General concluded yes. Both add-on pollution-control equipment and production equipment that limits pollution by its design qualify for the Tax Code section 11.31 exemption when…
Did Beaufort County’s unattended-animal ordinance prohibit police from leaving a cared-for K-9 in a vehicle?
The AG did not give a categorical answer. It said the ordinance could be read as protecting animals from distress rather than banning every moment a dog remained in a vehicle; a police K-9 kept…
Could one voter referendum permanently raise a South Carolina school district’s annual millage-increase limit?
The AG said the proposed Greenville County School District referendum could authorize up to 9.9 additional mills for that budget year, and the resulting amount would become part of the budget base.…
Could Louisiana DOTD pay Public Belt Bridge judgments from the Transportation Trust Fund?
The AG said DOTD owed its contract share of bridge-related losses and damages, but could not reimburse judgments or settlements from the Transportation Trust Fund. It would need another funding…
Could Donaldsonville keep its 'commission' government name while moving department supervision from commissioners to the mayor?
The AG said yes. Voters had amended the home rule charter to place department supervision with the mayor, and the charter's use of the word 'commission' did not force compliance with the separate…
Could Louisiana extend its deferred compensation plan administrator contract beyond the term in the original request for proposals?
The AG found no specific legal prohibition on a longer contract extension and said the public-services procurement law did not apply to the plan's assets. He nevertheless recommended against…
Could a full-time waterworks employee also umpire part-time for a public school?
The AG said Louisiana's dual-employment law did not bar a full-time parish waterworks supervisor from also working part-time as a baseball umpire for a local public school.
Can a Texas school board member also teach as an unpaid volunteer in the same district?
The Attorney General concluded no. The common-law doctrine of incompatibility bars a school district trustee from also serving as a volunteer, part-time teacher in the same district, even without…
Could a Maryland minor party nominate candidates by convention if one percent of registered voters belonged to it?
The AG concluded in 2001 that a minor party with at least one percent of Maryland's registered voters affiliated with it could nominate candidates by convention under party rules. The official PDF…
Could Kentucky’s community college system force transferred employees into its regular personnel system to get a promotion?
No. Under the law the opinion analyzed, employees transferred from the Cabinet for Workforce Development could choose to join the regular KCTCS personnel system at any time; KCTCS could not compel…
Could a Louisiana city elect or contract for its police chief without abolishing police civil service?
The AG said a qualifying city could make its police chief elected through a lawful charter change, or use a contractor that controlled hiring and supervision. Changes to the statutory classified…
Did Connecticut lawmakers have to renew a three-fifths surplus-allocation law every year?
The AG concluded that a law directing unappropriated budget surplus to a purpose beyond the reserve fund or debt reduction did not need a fresh three-fifths vote each year. Once enacted by the…
Could Washington public utility or rural port districts sell excess telecommunications capacity directly to customers?
The Attorney General concluded in 2001 that the then-current statutes barred PUDs and rural port districts from selling or leasing telecom services or facilities to end users, including…
Could a South Carolina municipality dismiss a criminal charge and still keep court costs?
The AG said criminal court costs required statutory authority and generally could not be imposed after a dismissal or acquittal. The letter identified a narrow fraudulent-check provision allowing…
Could Baker and Zachary receive Louisiana school funding and contract with East Baton Rouge while forming new districts?
The AG distinguished the two 2001 statutes. Baker needed the specified final court judgment before operating and receiving education funds and could not contract East Baton Rouge to educate its…
When could South Carolina police seize a car after a driving under suspension arrest?
The 2001 AG said officers should seize a vehicle at a new DUS arrest when the driver had at least three prior DUS convictions within five years, regardless of their degree. Pending charges did not…
Could Lafayette limit general public comments to its last council meeting each month?
The AG concluded that Lafayette's resolution limiting citizen participation to the last Tuesday meeting of each month was not unconstitutional on the freedom-of-speech ground presented. He…
Could Ferriday pay a YMCA director or let town employees work for the YMCA on town time?
The AG said Ferriday could not pay the YMCA director or assign paid town work time to YMCA operations because the town had no legal duty to provide either. The opinion separately discussed aid for…
Could a Louisiana fire district fund a volunteer fire company and lease its trucks under a cooperative agreement?
The AG considered the district's funding agreement with the volunteer company valid for their shared fire-protection purposes and said the district could lease the company's fire trucks. He also…
Could Morehouse Parish pay an East Morehouse school supplement and remove it after a transfer?
The AG said the board could pay teachers and support staff at East Morehouse schools a locally funded supplement above comparable staff elsewhere. When an employee transferred out of that district,…
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