State AG Opinions
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Does a city's advisory board have to give public notice of its meetings even if it hasn't taken any formal action yet?
Yes, under the law as it stood in 1997. The AG found that Wilmington's Residency Review Board violated FOIA's open-meeting notice rules by holding five meetings with no public notice or agenda, even…
Could Connecticut recover deputy sheriffs’ FICA taxes after paying their share to the IRS?
The AG said the state could seek reimbursement from special deputy sheriffs if it paid their employee share of FICA taxes after failing to withhold it. He expressly excluded a different federal…
Can the same person serve as both town comptroller of a New York town and village treasurer of a village located partly within the same town?
Yes. The AG concluded the positions of town comptroller and village treasurer are compatible, even though four-fifths of the village is located in the town. Each officer performs duties for a…
Does a New York district attorney have to prosecute every violation of a village's local laws, or can the DA delegate that work to village officials, especially when there's a conflict of interest?
The DA does not have to prosecute every village local law violation. The AG concluded that under People v Van Sickle and People v Czajka, a district attorney has wide prosecutorial discretion and…
Can a New York town pass a local law removing zoning board of appeals or planning board members who miss three meetings a year, and does the law need a hearing before removal?
Yes to attendance requirements, no to removal without a hearing. The AG concluded Town Law §§ 267(9) and 271(9) authorize towns to set minimum attendance requirements by local law. Removal for…
Can a Texas county change a tax abatement deal by removing land from a reinvestment zone?
Texas counties can offer property tax breaks to spur development by designating a 'reinvestment zone' and then signing tax abatement agreements with property owners inside it, all under Tax Code…
Can the Director of the North Carolina Division of Aging keep serving on the Parks and Recreation Authority after starting that director job, or do the dual-role rules force her to choose between the two?
Both roles are allowed. G.S. § 128-1.1 permits two concurrent appointive positions, and the duties of the Division of Aging (aging-related programs and Home and Community Care Block Grant…
Did Kentucky's superintendent residency rule apply to people appointed before the rule took effect?
Yes. The AG said all Kentucky public school superintendents had to establish state residency, including those appointed before the amendment. It treated residency as a present duty rather than a…
After North Carolina's 1997 reform of the State Personnel Act, what happened to RIF priorities, where did personnel directors fit in the exempt-position scheme, and could job applicants sue over political-affiliation discrimination?
The AG advised that the new 'most qualified person' definition incorporated existing priority rules (so a minimally qualified reduction-in-force candidate still beat a stronger outside applicant),…
Does Oregon's separation-of-functions rule for medical-board investigations reduce the number of votes needed to discipline a licensee?
No. The 1997 amendments did not change the Board of Medical Examiners' voting math. Six of 11 members still had to vote yes for the Board to act, even when some members were disqualified for…
Did Houston need its own citywide vote to join the Harris County-Houston Sports Authority?
House Bill 92 (1997) let a county and a city create a sports and community venue district, and a transition clause (section 7) said no new election was needed to do so if the voters 'of the county…
What power does the Houston City Council have over the Houston-Harris County Sports Authority?
Houston and Harris County jointly created the Houston-Harris County Sports Authority in 1997 under chapter 335 of the Local Government Code to build venue projects like the new downtown ballpark.…
Did Harris County need another public vote before adding hotel and car rental taxes to pay for a new baseball stadium?
Harris County and Houston created the Harris County-Houston Sports Authority to build a downtown ballpark for major league baseball, financed in part by a special hotel occupancy tax and a…
Without state legislative approval, can the New York Governor designate the Urban Development Corporation (Empire State Development Corporation) to administer the federal Small Cities Community Development Block Grant program?
Yes. The AG concluded the Governor has authority to designate the Urban Development Corporation (doing business as Empire State Development Corporation) to administer the Small Cities CDBG program…
After a tie vote in a small-town mayoral race was decided by a single provisional ballot, must the county board of elections release the provisional voter's identifying application to the media on request, or does the constitutional right to a secret ballot protect that voter's identity?
The provisional voter's identity is protected. Normally, applications to vote provisionally are public records because they are separate from the ballots and there are enough provisional voters that…
Could Texas lenders start taking home equity loan applications before the law allowing them took effect?
For most of its history Texas barred lenders from using a home's equity as loan collateral, because article XVI, section 50 of the state constitution shielded the homestead from forced sale. In…
After Congress took over the DC court system in the 1997 Revitalization Act, did DC's Corporation Counsel still defend DC judges and court employees in lawsuits, and did the DC Settlement and Judgment Fund still pay any judgments?
The 1997 opinion concluded that Corporation Counsel may, on request, represent DC court judges, officials, and employees sued in tort over their official duties. Any resulting settlement or judgment…
After the 1993 amendments to North Carolina's slot-machine statute, are video poker machines still illegal under G.S. § 14-306, or are they exempt as amusement devices?
For the machines described in the 1997 request, the AG said yes: they were exempt from § 14-306’s illegal-slot-machine definition. The opinion required amusement use, some skill or dexterity, an…
Can a New York State agency reimburse an employee's attorney's fees for defending a Department of Motor Vehicles license revocation hearing after an on-duty accident?
No. The AG concluded that Public Officers Law §§ 17 and 19 cover only civil or criminal proceedings in state or federal court (plus grand jury appearances under § 19); they do not cover…
Can the State defend and indemnify the Hunter College Foundation, a private not-for-profit fundraising affiliate of CUNY, once it takes ownership of the Roosevelt House?
No. The AG concluded the State has no statutory authority to defend or indemnify the Hunter College Foundation or its employees. Education Law § 6205(1) covers CUNY senior college officers and…
Are members of the New York State Independent Living Council (NYSILC) state officers subject to Public Officers Law appointment and quorum rules, and are they entitled to state-funded defense and indemnification under § 17?
Officers yes, defense no. The AG concluded that NYSILC members are public officers (because they exercise sovereign powers of the state by developing and approving the state's independent living…
If a New York BOCES district superintendent gets sued for actions in their state-level supervisory role, does the state cover their defense and indemnification under Public Officers Law § 17?
Yes, but only for state-function lawsuits. The AG concluded a district superintendent of a supervisory school district is a state employee covered by Public Officers Law § 17 when sued in connection…
Can a New York county pass an ethics code amendment barring people appointed to county office by the county legislature from also serving as executive officers (chair, vice-chair, treasurer, secretary) of a political party?
Yes, with legislative findings. The AG concluded the proposed Niagara County ethics code amendment is authorized by General Municipal Law § 806 (which requires every municipality to adopt a code of…
Does the Butner Planning Council have to submit three new candidate names for Town Manager to the Secretary of Health and Human Services while the position is already filled?
No. Under N.C.G.S. § 122C-403(9), the Planning Council must submit three names to the Secretary only when there is a vacancy in the Town Manager position. While the current Town Manager is in…
When a North Carolina school administrative unit gets fined for environmental violations, who gets the money? Does the school get to keep the fine it paid?
No, under any version of the law. Before September 1, 1997, the proceeds went to the General Fund. From September 1, 1997 forward, the new G.S. 115C-457.1 through -457.3 framework routed all such…
Does North Carolina's mandatory comprehensive school health education program apply to high school students, and what control do parents and local boards have over its sex-education component?
The mandatory comprehensive school health education program under G.S. § 115C-81(e1) covers only kindergarten through ninth grade. Local boards may add comprehensive sex education at K-9 (after a…
Does a SUNY trustee automatically lose her seat after pleading guilty to attempted grand larceny in the fourth degree, even though the crime is only a misdemeanor?
Yes. The AG concluded that the trustee's guilty plea to attempted grand larceny in the fourth degree vacated her office by operation of law under Public Officers Law § 30(1)(e). The crime, although…
Could a county or city require historic rehabilitation to begin after its local ordinance to qualify for a special tax assessment?
The Assistant AG predicted that a court would invalidate a local ordinance substituting a later start date for the state statute’s January 1, 1987 eligibility date. The letter addressed that…
Could a certified school psychologist truthfully use that title under South Carolina’s proposed psychology bill?
The Assistant Deputy AG believed a court would protect an accurate title identifying certification by the Department of Education, but said whether a specific designation misled the public required…
Did a Carlisle town council member forfeit office after pleading guilty to disorderly conduct?
The Assistant AG said no automatic forfeiture followed because disorderly conduct was not a crime of moral turpitude under the cited South Carolina decision. He found none of the removal or…
Who decides the qualifications for line officers (captain, lieutenant, fire chief) in a New York fire department: the volunteer fire company in its bylaws, or the board of fire commissioners?
The board of fire commissioners decides. The AG concluded firefighting operations are fire district activities under the exclusive control of the board, not the volunteer company. Line officer…
Could York City Council appropriate fund-balance money by a simple motion and change its manager’s budget deadline?
The Assistant AG said appropriations should use an authorization carrying the force of law, such as an ordinance, rather than a simple motion. He predicted a sitting council could change a…
Does a New York town justice court clerk have to be a US citizen, or can a non-citizen long-term resident hold the position?
A non-citizen can hold the position. The AG concluded a town justice court clerk is not a public officer but a public employee performing ministerial duties under the direction of the justices. The…
Can a New York village install video cameras to monitor its public streets and sidewalks without a warrant?
Generally yes. Warrantless video surveillance of public streets and sidewalks does not violate the Fourth Amendment or Article I, § 12 of the State Constitution because people on public ways do not…
Do Texas disabled parking permits still get free parking, or do drivers have to pay at airports?
In 1995 Texas exempted vehicles displaying a disabled parking permit from parking fees and penalties imposed by any governmental unit. In 1997, House Bill 3025 added a new subsection saying the code…
Did a pending rehearing petition make the South Carolina Supreme Court’s Whitner decision nonbinding in 1997?
The Assistant Deputy AG said no: although the pending petition delayed the remittitur and final disposition of the case, he viewed the published Whitner decision as binding precedent unless and…
Could Saluda restrict downtown street parking by business owners and employees to preserve customer spaces?
The Assistant AG said the proposed ordinance could be upheld: municipalities had parking-regulation power, and a distinction aimed at congested downtown spaces was not necessarily arbitrary. He…
Can a school board vote to spend money on a new item that wasn't on the posted meeting agenda?
Yes, under the law as it stood in 1997, when the new item grows naturally out of a topic that was already on the agenda. The AG found Cape Henlopen's vote to fund new teaching positions didn't…
What does a city council have to do before it can legally close a meeting to the public?
The council violated FOIA, under the law as it stood in 1997, by going into executive session at two meetings without announcing its intent in the agenda, without a public vote to close the session,…
Could a Kiawah Island municipal judge issue a standing order directing sheriff and private-security activity without a pending case?
The Assistant Deputy AG said the municipal court lacked authority to issue the order and advised against effectuating it. He distinguished the sheriff’s countywide law-enforcement authority from…
Could South Carolina’s cosmetology board require a salon booth renter to hold a separate license under 1997 law?
The Assistant Deputy AG said the board’s approved regulations requiring a license for an independent contractor renting salon space were legally defensible under the then-current practice act. He…
Could a Washington city council hire a law firm and give itself sole control over the city’s legal advice?
The Attorney General concluded in 1997 that a mayor-council code city could use an appointed attorney or contract for legal services as its charter or ordinances provided. A council contracting with…
Can the part-time director of a New York county veterans agency also serve as town supervisor in a town within the same county?
Yes. The AG concluded the positions of director of the Tioga County Veterans Agency and supervisor of the Town of Candor are compatible. Neither is subordinate to the other, and the duties of one…
Did Lexington School District Four need county governing-body consent before selling or leasing school property?
The Assistant Deputy AG said yes under the 1997 reading of §59-19-250: Act No. 601’s abolition of the county education board did not appear to exempt the district, so the county governing body…
Does Minnesota law bar news media from photographing juveniles in police custody, and does a county sheriff have jurisdiction to investigate crimes inside cities that have their own police force?
On photos: No, the AG concluded that Minn. Stat. § 260.161, subd. 3(a) prohibits only peace officers from photographing juveniles in custody, not the news media. On jurisdiction: Yes, the county…
Can a North Carolina school district require teachers to report suspected child abuse to a single school-system contact person instead of directly to the county Department of Social Services?
No. Under G.S. 115C-400, the person who has cause to suspect child abuse must report directly to the county DSS Director. A school district may have a contact person to assist with reporting and…
Could a Washington housing developer avoid a groundwater permit by drilling several small wells?
No, under the single-project facts posed in 1997. The Attorney General treated wells drilled by one developer around the same time for the same subdivision as one withdrawal; their combined domestic…
Did a South Carolina finance company have to send a new right-to-cure notice after a later missed installment on the same debt?
The Assistant AG said no under the 1997 Consumer Protection Code: once the creditor had given the statutory right-to-cure notice, another late payment on the same obligation did not require another…
Are donations to Oregon's Executive Residence Account tax-deductible as charitable contributions?
Yes. The 1997 opinion concluded that contributions to Oregon's Executive Residence Account, used to maintain the Governor's Residence, were deductible as charitable contributions for both federal…
Can a North Carolina magistrate be removed from office mid-term if they move out of the county for which they were appointed?
No. Under N.C.G.S. § 7A-171.2(a), county residency is a qualification only 'for nomination or renomination,' not for continuing in office. Once a magistrate is appointed to a two-year term by the…
Could East Richland County Public Service District expand its board members’ compensation after the 1996 amendment?
The Assistant AG said yes: the amended § 6-11-91 let the district set or change compensation and benefits by resolution or ordinance. He said the old daily per-diem cap no longer applied, while…
Could Washington connect private and religious colleges to its public K-20 education network?
The Attorney General concluded in 1997 that private colleges, including religiously affiliated ones, could join the planned K-20 network if they gave the state meaningful payment or services and the…
Can a deputy court clerk in Maryland also serve as a state legislator?
The opinion concluded that a deputy clerk of a Maryland circuit court could simultaneously serve as a member of the General Assembly, because a 1990 amendment to the Maryland Constitution had…
Did a Washington agency need full value and a hearing when transferring surplus property to another government?
In 1997 the Attorney General said an intergovernmental transfer under chapter 39.33 RCW had to bring the transferring government full value, interpreted flexibly to include services or other…
Did a county need a landowner petition under § 6-11-20 before forming a fire district under § 4-19-10?
The Assistant AG said no. He treated the two code routes as distinct methods for creating fire protection districts and found nothing in the § 4-19-10 route requiring the § 6-11-20 petition first.
Could Fairfield County’s clerk of court personally keep county deed-stamp tax receipts as salary subsidy?
The Assistant Deputy AG said no on the stated facts: former law sent county documentary taxes to the county general fund, and the 1996 replacement deed-recording fee was credited to state and county…
Who decides how write-in spaces and other ballot details are formatted on paper ballots for New York fire district elections?
The board of fire commissioners. The AG concluded that Town Law §§ 175 and 176 govern fire district elections, but those statutes lack detail on ballot preparation. The board has authority under §…
After two South Dakota school districts merged under a reorganization plan that locked in residency requirements for school board members, could the new board dissolve those representation areas on its own? Could voters force the change by petition? And could the board pick a single polling place for the new district?
The board could not act unilaterally, but voters could force a change. The AG concluded that no statute authorized the new board to dissolve residency requirements or representation areas on its…
Can a person hold the paid position of fire district master mechanic at the same time as serving as an elected fire district commissioner?
No. The AG concluded the two positions are incompatible. The board of fire commissioners hires, sets pay for, disciplines, and supervises fire district employees (including the master mechanic)…
Can a New York county set up an administrative tribunal (with administrative law judges) to handle violations of its local electrical code instead of sending those cases to a court?
No. The AG concluded that absent a specific state statute authorizing administrative tribunals to adjudicate violations of local codes, sentencing and adjudication must follow the Criminal Procedure…
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