State AG Opinions
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Could a state commission reimburse legal fees after the Claims Commissioner and legislature had considered the same claim?
No. The AG said the Criminal Justice Commission could not award a second reimbursement for the same legal fees after the Claims Commissioner and General Assembly had considered the claim. He agreed…
Could Barnwell require city employees to resign if they ran for public office?
The AG thought Barnwell’s ordinance would most likely survive a constitutional challenge if it served the important government interests discussed in the cited cases. He did not give an…
Can a town highway superintendent privately moonlight for the town's water district, operating heavy equipment to repair water pipes located under town roads?
No. The AG concluded that a town highway superintendent's operation of heavy equipment for the town water district to repair water pipes under a road, whether in his official or private capacity,…
Could Bamberg collect unsafe-house repair or demolition costs like delinquent city taxes?
Yes, in the AG’s view. The costs described in the quoted provision became a lien on the property and were collectible in the same manner as municipal taxes, including delinquent property taxes, if…
Who paid for legal representation of McCormick County’s election board?
The AG viewed the election and registration board as a county office, so the county was responsible for its legal representation. The county attorney could provide it if authorized; otherwise the…
Could police help a creditor repossess a car without a court order?
The AG recommended that officers generally stand by to keep the peace during private repossessions and intervene if trouble arose. He said creditors in consumer transactions could repossess without…
Does a Texas county tax assessor-collector have to register with the state board if the county contracts out its tax collection?
Brazos County Attorney James Kuboviak asked the Attorney General two questions about Tax Code section 6.24(b), which lets a county contract to have its property taxes assessed and collected by…
Do contractors on Texas public works have to pay the prevailing wage, and what happens if they underpay or misclassify workers?
Texas Representative Rene Oliveira asked the Attorney General several questions about Government Code chapter 2258, the prevailing-wage law for public works, prompted by a dispute over electricians…
Could Texas limit a veteran tuition exemption to veterans who lived in Texas when they entered military service?
The Attorney General concluded that a court probably would strike the requirement that a veteran must have lived in Texas when entering military service, while preserving the exemption for honorably…
When New York City changes its civil service classifications to comply with a city council mandate, do the changes still need State Civil Service Commission approval and a notice-and-hearing process?
Yes. The AG concluded that Civil Service Law § 20(2)'s notice, hearing, and State Civil Service Commission approval requirements apply to the City Personnel Director's changes made under a local-law…
Are the doctors who do physicals and fitness-for-duty exams for the New York State Police covered by state defense and indemnification under Public Officers Law § 17?
No. The AG concluded that physicians who perform services for the Division of State Police under Executive Law § 215 (the Division Physician, Assistant Division Physicians, and those without title)…
If voters of a Minnesota school district sign a petition to force a special election on selling bonds to build a community recreational facility on school property, must the district go through the state's review-and-comment process first, and can the election still be held if the Commissioner of Children, Families and Learning issues a negative review?
Voters may petition under Minn. Stat. § 205A.05, subd. 1 to compel a special bond election, but the school district must complete the review-and-comment process under Minn. Stat. §§ 121.148 and…
Could South Carolina deny in-state tuition to a resident’s dependent child because of visa status?
The AG thought the commission’s then-current regulation conflicted with the state tuition statute to the extent it denied rates to eligible residents’ nonpermanent-resident dependents. He said a new…
Could a school bond ballot refer voters to a separate project handout?
The AG said a handout or posting could not cure a defective ballot question. He declined to decide whether Charleston County’s proposed wording was legally sufficient and recommended a declaratory…
Does Oregon's vital-records confidentiality statute limit public access to marriage records held by county clerks?
Yes. ORS 432.121 limited public access to most marriage records less than 50 years old, regardless of whether held by the Center for Health Statistics or a county clerk. The list-of-ministers book…
Did Kentucky retirees have to receive the same health benefits as the 1994 Kentucky Kare Standard plan?
The 1998 opinion read Kentucky law to require health coverage for eligible retirees with at least the benefits of the 1994 Kentucky Kare Standard plan. The Attorney General said the law did not…
Could Washington lawmakers transfer public-school supervision away from the Superintendent of Public Instruction?
No. The Attorney General concluded in 1998 that lawmakers could define the Superintendent’s duties and create other education agencies, but had to preserve the Superintendent’s constitutional…
Can North Carolina's Marine Fisheries Commission enforce state fishery rules against fishing vessels in the federal Exclusive Economic Zone off the North Carolina coast?
Yes, but only for NC-registered vessels and only where federal rules are absent or NC rules are consistent with the federal management plan. As amended, the Magnuson-Stevens Act lets a state…
Could Saluda County allow a religious ceremony on its courthouse square?
Yes, on the facts presented. The AG thought the square was a traditional or designated public forum used by many groups and that allowing a private religious ceremony on equal terms would not…
If a North Carolina sheriff settles an Equal Employment Opportunity Commission discrimination charge through a Conciliation Agreement, and county money pays the settlement, is the agreement a public record that the county must disclose?
Yes. The AG said the Hertford County sheriff was a public officer covered by N.C.G.S. § 132-1.3 and that the EEOC Conciliation Agreement should be made public. The opinion notes the county’s…
If a North Carolina fishing tournament gives a fisherman more raffle tickets the more fish he turns in, is that a sale of fish that requires the fisherman to have a state endorsement to sell fish?
Yes. NC defines 'sale' in N.C.G.S. § 113-130(6) to include any exchange of property for valuable consideration. A tournament scheme that gives a fisherman additional raffle tickets in exchange for…
Could Washington’s state treasurer reverse a reserve-fund transfer when later revenue forecasts changed?
No. In 1998 the Attorney General concluded that the Treasurer could not take money back from the emergency reserve or education construction fund after a transfer under Initiative 601. Legislative…
Did Washington’s Growth Management Act require counties to replat undeveloped lots recorded before 1937?
No. The Attorney General concluded in 1998 that the Act gave counties room to decide how to address old rural plats; it did not require blanket replatting. A county could still require new review of…
Could Marlboro County zone hog farms or junkyards without a comprehensive plan?
The AG said a county planning commission created under the 1994 Planning Act had to develop a comprehensive plan. He read adoption of at least its land-use element as a prerequisite to county…
Did Coastal Carolina University have to collect Horry County’s hospitality fee?
The AG said the fee was paid by consumers and collected by providers. Coastal Carolina had to collect it on athletic admissions, but not qualifying performances by artists; food sales required a…
Does the NC Environmental Policy Act require the state to prepare an environmental impact document when developing a fishery management plan under the Fisheries Reform Act of 1997, or when adopting the rules that implement those plans?
No. The NC Environmental Policy Act requires an environmental document only when an agency takes a 'final agency decision' on a specific project or program that uses public money or public land.…
Could Idaho voters raise the state minimum wage to $10 per hour and lower the training-wage age cutoff from 20 to 18, without running into federal preemption?
The proposed initiative would have raised Idaho's minimum wage to $10 per hour and the training wage to $7.50 per hour starting December 1, 2000, with the training wage's age cap dropping from 20 to…
Could a retired South Carolina judge who practiced law serve as a special referee?
The AG said the judicial-retirement restriction on a retired judge serving as a judge did not appear to bar appointment as a special referee. He treated a special referee as outside that chapter’s…
Were industry training records public after a company chose to locate in South Carolina?
Generally yes, in the AG’s view, especially for records showing public spending. The business-attraction exemption had to be shown document by document and line by line; it did not shield every…
Are trustees of a New York school district public library subject to term limits?
No. The AG concluded the Education Law does not impose term limits on trustees of school district libraries. The term limits in Education Law § 255(2)(f) apply only to trustees of cooperative…
Could Kentucky's legislative education watchdog approve school assessments and regulations before they took effect?
In 1998, the Attorney General concluded that proposed legislation would violate Kentucky's separation of powers by requiring the legislative Office of Education Accountability to approve the…
Can the North Carolina Clean Water Management Trust Fund pay for an environmental impact statement on a proposed regional wastewater treatment system, and can it fund construction of the regional system?
EIS preparation alone, no. Construction, yes but narrowly. EIS preparation does not fit any of the nine authorized CWMTF grant purposes in N.C.G.S. § 113-145.3(c), so the Fund cannot fund EIS…
If an AG finds a public body improperly deliberated in closed session, can the body fix it by redoing just the deliberation instead of the whole hearing?
Yes, under the circumstances of this opinion. After Newark asked the AG to reconsider its ruling that the Board of Ethics improperly deliberated ethics charges in executive session, the AG declined…
Could a county tax assessor force entry into a new commercial building for appraisal?
No. The AG said the assessor statute did not authorize requiring or forcing entry to appraise property or find untaxed property. The opinion left room for consent or a judicial order when entry was…
Would changing Chester County’s government cut short an elected supervisor’s term?
The AG said no. If voters approved a form of government without a supervisor, the supervisor elected at the same general election would still serve the four-year term; the law did not allow a…
Did a 1996 ruling change when South Carolina House candidates had to live in their districts?
The AG agreed that the 1996 order displaced the 1982 ruling to the extent the older case required district residence before a person offered as a candidate. He said the constitution required…
When the appointing members of a public benefit corporation deadlock on filling a vacant board seat, is there a State-law remedy, and can the agency still take action with the vacancy unfilled?
No to the first question, yes to the second. The AG found no State-law remedy for a tie vote when appointing officers deadlock on filling a vacancy in an appointive office. The Love Canal Area…
Could South Carolina require direct mailers to honor a household’s stop-mailing request?
The AG predicted a court would likely uphold a proposed bill requiring mailers to explain how recipients could stop mailings and then honor their requests. He saw no apparent discrimination against…
Could Kentucky wildlife and water patrol officers enforce criminal laws beyond fish and boating rules?
The 1998 opinion concluded that conservation and former water patrol officers had equal authority to enforce Kentucky criminal laws under the commissioner's direction, while the State Police request…
Can a village board put one elected trustee in charge of managing a sewage treatment plant study, and pay that trustee extra for the work?
Yes. The AG concluded a village board may delegate to a single board member the responsibility of managing a study on behalf of the board, and may compensate the trustee for the additional duties.…
If a nonprofit charter school board hires a for-profit management company to run the day-to-day school, can it hand over hiring and firing of teachers to that company, or does the board itself have to keep final say?
The board has to keep final say over teachers. Under G.S. 115C-238.29F(e), the charter school's board must employ and contract with teachers. The board can delegate the initial recommendation and…
Can the North Carolina State Personnel Commission adopt a rule giving veterans an automatic 10-point preference on numerically scored state employment examinations?
Yes. N.C.G.S. § 126-82 explicitly directs the State Personnel Commission to provide veterans preferences in evaluation and experience credit, and § 126-4 gives the Commission broad rulemaking…
Could Saluda’s election commission change a hiring vote by calling absent members later?
No, on the facts described. The AG said the properly held 3–2 commission vote remained binding until lawfully rescinded; adding two votes by telephone outside the meeting did not create an official…
If a registered Professional Engineer is also a state employee or state official doing engineering work as part of their job, does the NC engineering licensing board still have disciplinary jurisdiction over them?
Yes. The Engineering Board has jurisdiction over every registered Professional Engineer in the state and can enforce rules of professional conduct against them. It does not matter whether the…
Can North Carolina agree with the federal Minerals Management Service to fix the state's seaward boundary at a series of permanent coordinates, or must the boundary remain ambulatory and shift with changes to the shoreline?
The boundary must remain ambulatory. NC's seaward boundary has been three geographical miles from the extreme low water mark of the Atlantic Ocean since 1776 (recognized at one marine league). N.C.…
Can a Westchester County village move its police disciplinary authority from the board of trustees to the village manager by local law, even though a special State act says only the trustees can hear charges?
Yes. The AG concluded a Westchester County village may, subject to mandatory referendum, enact a local law that amends Unconsolidated Laws § 5711-q to transfer police disciplinary authority from the…
Can a working deputy district attorney serve in the Oregon Legislative Assembly, including while on session-length leave?
No. Under Article III, section 1 of the Oregon Constitution, a deputy district attorney could not simultaneously serve in the Legislative Assembly. Taking a session-length leave of absence did not…
Could a Washington transit benefit area help pay for city or county road projects that improved its transit service?
The Attorney General concluded in 1998 that a public transportation benefit area could contract with a city or county in its service area to fund projects in public rights of way when they yielded…
Could Riverside High School bar the Bible Club while other student clubs met?
The AG said no. Where the school allowed noncurricular clubs to meet during noninstructional time, the federal Equal Access Act and free exercise principles required comparable access for the…
Could Charleston parks commissioners join the employee group insurance plan if they paid the full premium?
The Assistant AG predicted that a court would treat access to the cheaper group plan as compensation barred by the commission’s enabling act, even if commissioners paid its full cost. He said the…
Could South Carolina legalize video-poker cash payouts through a referendum authorized only by statute?
The AG said no, under his office’s view that the payouts were a lottery barred by the state constitution. He said a legally binding vote on allowing them would have to be part of the constitutional…
Can a county legislator simultaneously serve as deputy supervisor of a town within the same county?
Yes. The AG concluded that a county legislator may also hold the appointive position of deputy supervisor of a town in the county. County Law § 411 bars an elective county officer from holding any…
Can the City of Auburn hold a referendum on any power delegated by its charter or by State law, even though no State statute specifically authorizes that referendum?
No. The AG concluded the Auburn City Charter provision authorizing a referendum on the exercise of any power delegated by charter or State law is invalid. New York requires a specific State…
Did South Carolina sales tax apply both when someone leased a car and when they later bought it?
Yes, the AG said the lease and later purchase were separate taxable transactions, even when the buyer was the former lessee. He also rejected the claim that taxing both was impermissible double…
Can a New York village enact its own defense and indemnification law for municipal officers, instead of relying on Public Officers Law § 18, even if the local law limits an officer's choice of conflict counsel?
Yes. The AG concluded that Public Officers Law § 18 is not the exclusive scheme for local defense and indemnification. A village may, under municipal home rule authority, enact its own local law…
Can a county require contractors who do business with it to disclose political contributions they have made within the past year?
No. The AG concluded that Article 14 of the Election Law has preempted the field of campaign finance reporting and disclosure. A county resolution requiring vendors to disclose contributions to…
Can a village charter limit voting on a referendum to dissolve the village to property owners, or does the one-person, one-vote rule require letting every resident vote?
The AG concluded the village charter's property-ownership voting qualification could not be applied to a referendum on dissolving the village. Equal protection requires adherence to one-person,…
When did municipal police have jurisdiction over a public road in the Richland-Lexington Airport District?
The Assistant Deputy AG predicted that courts would read “public road” broadly, focusing on public access, for the amendment extending municipal police jurisdiction to district roads contiguous to…
Could South Carolina’s governor declare a county council seat vacant after a conviction for willful tax noncompliance?
In a 1998 informal opinion, the Deputy AG concluded that a conviction under the cited willful-tax-violation provision appeared to involve moral turpitude and authorized the governor to declare the…
If a child was equitably adopted (treated as a child but never legally adopted) and inherits from the foster parent, does that child get North Carolina's preferential inheritance tax rate as a 'Class A beneficiary'?
No. The NC Supreme Court's 1997 decision in Lankford v. Wright recognized equitable adoption as an equitable remedy in intestate succession to enforce a foster parent's contractual promise to adopt.…
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