State AG Opinions
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Is the probable-cause standard for a California grand jury indictment lower than preponderance of the evidence, and when prosecutors instruct a grand jury under Penal Code § 939.8, must they tell the jury it 'should' indict (instead of 'shall' indict) to avoid constitutional problems?
Two answers. (1) Yes, probable cause is a lower standard than preponderance of the evidence. The prosecution has to show enough to support a 'strong suspicion of guilt,' which is below 'more likely…
Can a Delaware city council privately negotiate the salary in a city manager's employment contract just because they're discussing 'qualifications'?
No. Rehoboth Beach's Board of Commissioners discussed the new City Manager's compensation package in executive session, then voted in open session without explanation. The AG ruled the…
Can a Delaware school board hold an unannounced executive session about Robert's Rules and vote no confidence in the superintendent?
No. The AG found violations in an unannounced executive session on parliamentary procedure, an unlisted vote of no confidence in the superintendent, and inadequate notice for a contract-rescission…
Can a Delaware public body approve its meeting minutes via email instead of at an open meeting?
No. The AG ruled the Village of Arden Governance Task Force violated FOIA by approving its December 7, 2023 meeting minutes through serial email exchanges. That email circulation constituted a…
Are Delaware's unclaimed-property voluntary disclosure agreement records public, or are they confidential under the escheat statute?
Confidential. The Department of State runs the voluntary disclosure program for unclaimed property. 12 Del. C. § 1174 makes records compiled in the course of voluntary disclosure under § 1173 not…
Can a Mississippi public school district enroll a student who lives out of state under § 37-15-9(2)?
No. Section 37-15-9(2) lets a student moving to Mississippi enroll at the same grade level as their prior out-of-state school, not enroll while still living out of state. The only…
Can a Mississippi city add a private third party as an additional named insured on the city's liability insurance policy?
No. A Mississippi municipality cannot add a private third party as an additional insured on its liability policy. Doing so would extend Tort Claims Act coverage to a non-governmental entity, which…
Can a Mississippi town refund municipal fines that a third-party collection agency mistakenly collected from the wrong person?
Yes, through Section 25-1-47's claim settlement authority. The town must determine that the claim is bona fide, just, and that the municipality is legally obligated. Whether this specific situation…
If a Tennessee city gives the county school district money for school construction, does the city have to keep funding the schools at that level every year going forward?
Probably not. Tennessee's maintenance-of-effort laws apply only to local education agencies (LEAs) and the local governments specifically obligated to fund them, which is usually the county…
Does Delaware law force a town to keep police discipline records secret, or to hold a grievance hearing in private?
No on both counts. The AG ruled Georgetown did not violate FOIA when it voluntarily released officer discipline records and schedules; FOIA's exemptions are permissive. And FOIA's executive-session…
Can a West Virginia county building commission consent to having an existing nursing-home lease assigned to a private for-profit nursing home operator?
Yes. Building commissions (W. Va. Code § 8-33-4) have plenary authority to lease property 'for public purposes' to whomever they deem proper, with no restriction on for-profit entities. Operating a…
Did the Missouri AG approve ballot language allowing lawmakers to increase minimum funding for Kansas City's police force?
Yes. The AG approved the legal content and form of the proposed fair ballot language for Senate Joint Resolution 38, while making clear that the review was not an endorsement.
Under South Carolina's 2023 bond reform, can a defendant pay a bail premium in installments?
The AG says a bondsman may choose to accept at least $100 down and make a payment agreement for the rest of the minimum premium, subject to § 38-53-170(e)'s terms and an eighteen-month limit. The…
Can a Virginia city or county pick its own courthouse security provider instead of the sheriff?
No. Under § 53.1-120, each Virginia sheriff is statutorily charged with ensuring 'that the courthouses and courtrooms within his jurisdiction are secure from violence and disruption' and with…
Can a Louisiana optometry board's secretary-treasurer hire assistants directly?
Yes. The Louisiana Attorney General concluded that either the optometry board or its secretary-treasurer may hire people directly to assist the secretary-treasurer. The statute allows board hiring…
Can the Grand River Dam Authority add private subcontractors as additional insureds on its builder's risk insurance policy?
Yes. GRDA is a self-liquidating state agency that does not draw on Oklahoma's tax revenues, and the Oklahoma Supreme Court (in Sheldon and Kerr) held it is not within the class of agencies subject…
Can Louisiana's CPA board sue to enforce a restitution order against a licensee?
No. The Attorney General concluded that Louisiana's CPA board lacks authority to go to court to enforce restitution. It may, however, require proof of payment as part of a disciplinary remedy and…
Can the New Mexico judiciary set its own paid-time-off rules that pay out unused leave more generously than the limits the Legislature set for state employees?
No. The judiciary's PTO rules, which let judicial employees cash out far more unused leave than statute allows for other state employees, conflict with the Legislature's payout caps in NMSA §§…
Can a Louisiana parish president's office take over occupational license tax collection from the sheriff?
No, if the sheriff chooses to collect the parish's occupational license taxes. The attorney general said Livingston Parish lacked specific legislative authority to replace the sheriff with its…
Can a Texas municipal utility district board fill a board vacancy after the 60-day deadline, and can its elected directors be removed for misconduct by the commissioners court?
Mostly the board keeps the power. The AG concluded the 60-day deadline in Water Code subsection 49.105(a) for a board to fill its own vacancy is 'directory,' not mandatory, so a board can still make…
Do you need a Texas real estate license to negotiate a wind farm lease on behalf of a landowner for a commission?
Yes, the AG concluded a license is likely required. Occupations Code chapter 1101 requires a real estate license to negotiate a lease of real property for another for compensation, and a wind lease…
Can a Louisiana fire district call a full-time firefighter a contractor and give only some civil-service benefits?
No. The attorney general said Brownsfield's proposed full-time firefighter/operator position was classified civil service despite the contract label. Giving the worker some full-time benefits while…
Can a Louisiana town require stores to hide displays of items that could become drug paraphernalia?
The Louisiana Attorney General found no law authorizing Greenwood to regulate the display of items such as bongs and grinders that could become drug paraphernalia if used with drugs. The opinion…
Can a Louisiana town refund years of sewer fees when a customer's property was connected to a private septic tank?
The attorney general said Jena could not refund the fees without evidence that the town caused the mistaken charges. If a record showed the customer requested disconnection or gave notice and the…
Can a full-time Tangipahoa Parish deputy sheriff also serve as an elected constable?
No. The attorney general classified the full-time deputy sheriff job as an appointive office and the constable role as an elective office. The dual-officeholding statute barred that combination even…
Do Bogalusa police employees keep twelve months of sick leave after the city's population falls below the statutory threshold?
Yes, under Bogalusa's continuing civil-service rules. The attorney general said the city's old police and fire civil-service rules still gave police employees twelve months of sick leave despite its…
Can a Louisiana parish coroner's office issue bonds to advance future opioid settlement payments?
Yes, with State Bond Commission approval. Louisiana coroners are 'political subdivisions' for purposes of the Local Government Budget Act and the bond statutes, so a coroner's office can issue bonds…
Does a Louisiana village automatically become a town after its population passes 1,000, and can it restrict who runs for police chief?
No automatic reclassification. The attorney general said French Settlement could remain a village after modest population growth, but its council had to adopt a resolution and its mayor had to send…
Could Marksville's mayor promote a patrol officer to detective after a tied council vote?
Yes, the promotion could stand, but the tie vote was not the reason. The attorney general said the mayor could appoint an existing police officer to the detective position without a board vote on…
Can an Arkansas circuit clerk force a title insurance agency to use a third-party online portal (and pay a fee) to access real-property records, instead of obtaining them directly from the courthouse?
No for in-office access, but yes if the agency wants the convenience of an online portal. Section 23-103-417 requires city, county, and state offices to allow title insurance agencies free in-person…
Can a full-time St. Tammany Parish employee also serve on the Slidell City Council?
Yes under the dual-officeholding law the attorney general examined. Slidell and St. Tammany Parish are separate political subdivisions, so the office said a full-time parish employee could hold a…
Was a school district right to withhold teacher personnel files and investigation records under Arkansas FOIA when the suspensions were never appealed to the school board?
The AG could not determine whether the school district correctly classified or withheld the requested records because he had not been given them. He explained that a missing school-board ruling…
Did the Missouri AG approve the 2024 fair ballot language for Anna Fitz-James's proposed abortion-rights amendment?
Yes. The AG approved the legal content and form of the reproduced yes, no, and fiscal statements, while disclaiming endorsement. The letter's introductory description called the proposal an Osage…
Can my city contract with a school district when one of our city councilmembers also works for that school district?
A city may contract with a school district employing a councilmember if the official receives no additional interest, profit, or perquisite beyond the public benefit. Whether a particular contract…
When is a nonprofit a 'public body' subject to South Carolina's FOIA because it gets public money?
It depends on how the public money flows. The Attorney General concluded the Uptown Greenwood Local Development Corporation is not a FOIA public body just because it gets accommodations-tax (A-Tax)…
Does Virginia have to adopt California's Advanced Clean Cars Program II rules for model years 2026 and beyond?
No. The AG reads Virginia law as allowing, but not requiring, the State Air Pollution Control Board to adopt California low- and zero-emission vehicle standards. The Board chose to adopt the earlier…
Does the Arkansas DOC Secretary still have authority to issue a certificate of expungement for someone sentenced under the Alternative Service Act, even though the act was repealed in 1993?
Yes. Even though the Alternative Service Act was repealed in 1993, individuals who were sentenced under it remain eligible for expungement under the version in effect when they were sentenced. The…
Are police body camera videos and cleared misconduct records public under South Carolina's FOIA?
Mostly no. The Attorney General told the Criminal Justice Academy that video and audio recordings can count as public records in general, but body-worn camera footage is specifically not a FOIA…
Did the Missouri AG approve ballot language for an additional Osage River gambling boat license funding literacy programs?
Yes. The AG approved the legal content and form of the proposed fair ballot language for initiative 2024-165, without endorsing the proposal or its objectives.
Did the Missouri AG approve the proposed sports wagering ballot language in Opinion 13-2024?
Yes. The AG approved the legal content and form of the proposed fair ballot language for a sports wagering initiative. The letter expressly said the statutory review was not an endorsement of the proposal.
Did the Missouri AG approve ballot language for the proposed minimum wage and paid sick leave measure?
Yes. The AG approved the legal content and form of proposed fair ballot language describing a minimum wage and paid sick leave initiative. The letter did not endorse the measure or establish that it…
Can Louisiana DOTD require local governments to get its permit and follow its extra rules for mobile speed cameras?
The attorney general said no under the statutes it examined. It found DOTD's Policy for Traffic Enforcement Systems on State Highway Rights-of-Way exceeded the agency's authority and was…
Must Louisiana's massage therapy board report license denials and discipline to the National Practitioner Data Bank?
No, according to the attorney general. It said the board regulated Louisiana massage therapy outside the health-care services covered by the Data Bank's reporting rule, so denials of initial or…
Does Tennessee's 2019 statute protecting 'constitutional county officers' apply in Shelby County, where the county charter replaced those offices with new 'county charter officers' in 2008?
Likely not. Shelby County's voters approved a charter amendment in 2008 that abolished the constitutional offices of sheriff, trustee, register, county clerk, and assessor and created parallel…
Can Oberlin hire a code enforcement officer to operate a handheld speed camera, and who supervises that officer?
Yes, if the person hired is a law enforcement officer. The attorney general said Oberlin could hire such an officer to enforce its speed-device ordinance, but the elected police chief, rather than…
Can someone run for Youngsville police chief if they moved into the city less than a year before candidate qualifying?
No. The attorney general said the potential candidate had to be domiciled in Youngsville for the full year immediately before qualifying. Moving there in August 2023 was too late for July 2024…
Can a Louisiana parish police jury legally own and operate a pug mill to produce road-paving material for its own roads?
Yes. Sabine Parish Police Jury may purchase and operate a pug mill for producing oil sand used on parish roads. La. R.S. 38:2212(R) prohibits public entities from owning or operating manufacturing…
Can a Louisiana professional law corporation become a business LLC and keep practicing law?
No. The attorney general said a professional law corporation could not amend its articles to become a general business LLC while continuing to practice law. The opinion treated that change as…
Must a Chesapeake City Council member resign by June 30 to run for mayor in November under the 2021 election change?
Yes. § 3.02(c) of the Chesapeake city charter requires a sitting council member who decides to be a candidate for mayor 'in such election year' to tender a resignation effective June 30 of that…
Can Louisiana's Nineteenth Judicial District Court use a one-time court-cost appropriation for temporary employee pay supplements?
Yes, according to the attorney general. It treated court employee compensation as an operational court cost and said the court could use the one-time appropriation in Act 397 of 2023 for the…
Can a Mississippi county sell a sidearm to a constable who didn't run for reelection and wasn't vested in PERS?
No. Section 45-9-131 requires retirement under a state retirement system OR 10 continuous years of service. A constable who chose not to run for reelection and didn't vest in PERS qualifies for…
Can an Arkansas bail bondsman or bail-bond company finance the premium for a defendant's bail bond, or own a piece of a company that does?
Bail bondsmen and bail-bond companies cannot finance premiums themselves, because that would violate prohibitions on giving anything of value to the principal and accepting anything of value beyond…
Can a member of the Texas Opioid Abatement Fund Council vote on grants to organizations they are connected to, or do they have to recuse or resign?
They disclose and recuse, they do not have to resign, and the grant is not automatically void. The AG concluded Government Code section 572.058 applies to the Council's grant awards, so a member…
Is a voluntary association of Delaware coastal towns subject to open-meetings law?
Yes. The AG ruled that the Association of Coastal Towns, formed by seven Delaware mayors and funded by member dues, is a public body. It violated FOIA by holding meetings without notice or minutes,…
Can a Mississippi city prepay three years of lease payments for ALPR cameras using a federal grant that must be spent in the same fiscal year?
Under the state donation rule, prepayment would be lawful if the city determines that receiving the cameras when it pays constitutes good and valuable consideration. The AG leaves that factual…
When all justice court judges in a Mississippi county recuse, who appoints the substitute and who pays?
The circuit court judge of the district appoints a substitute justice court judge from another county under Uniform Justice Court Rule 7. The substitute gets reimbursed for expenses under § 25-3-41…
Does a Mississippi city have to collect underbilled utility amounts from customers when the city's own error caused the underbilling?
Yes. A Mississippi municipality must collect underbilled utility amounts even when the customer paid the original bill in full as issued. Article IV Section 100 prohibits forgiving real debt, and…
Did California's AG permit Government Watchdogs to sue TEAM RCD director Pablo Bryant to remove him from office?
No. The AG's official index says there was no substantial issue of law or fact about Bryant's right to hold office, and that the proposed quo warranto suit would not serve the public interest. Leave…
Can a current Arkansas city alderman keep drawing a retirement benefit earned as a former mayor while also being paid as alderman?
Yes. Arkansas Code § 21-5-107 only restricts compensation for someone simultaneously holding more than one office. A former mayor who now holds only one office (alderman) can take the alderman pay…
If an employee of the county State's Attorney's Office runs for a seat on the local school board, does that automatically create a conflict of interest that disqualifies them?
No. SDCL 13-7-3 only disqualifies elected officers or holders of an 'office' whose duties are incompatible with school board service. A Public Information Officer in the State's Attorney's Office is…
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