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Does a New York town need to hold a referendum before its consolidated sewer district conveys an easement to a private developer like Home Depot?
No. The AG concluded there is no requirement and no authority for a referendum on the conveyance of an easement by a town improvement district. Town Law § 198(12) governs sales and leases of…
Can a New York town attorney's law firm represent the town board's interests in a zoning matter pending before the town's own zoning board of appeals?
Yes. The AG concluded that representing the town board before the zoning board of appeals does not violate General Municipal Law § 805-a(1)(c), because the town attorney is representing the board's…
Does a New York county have to defend and indemnify an official sued under General Municipal Law § 51 (the taxpayer-waste statute), and does it matter whether the official is sued in his individual or official capacity?
The duty to defend turns on scope of employment, not on capacity. The AG concluded the county must defend an official when the complaint alleges that the acts occurred within the scope of public…
Did Lexington-Richland School District Five have to use outside facilitators for annual plan updates?
The Assistant Deputy AG said no specific committee or outside-facilitator method was required by the cited statute and regulation. He said a superintendent draft followed by board town meetings and…
When the 1997 Swine Farm Siting Act takes effect with new setback distances (1,500 feet from residences, 2,500 feet from schools/hospitals/churches, etc.), do farmers whose water quality permits were already approved at lesser setbacks still have to comply with the new setbacks when they start construction?
Yes. The effective date language is clear and unambiguous: the new setbacks apply to any new construction or expansion commencing on or after the date of the act. Holding a DWQ-issued water quality…
Did South Carolina’s 1997 tandem-axle weight limit comply with federal interstate-highway law?
The Assistant Deputy AG reaffirmed the office’s 1988 view that South Carolina’s higher tandem-axle limit was grandfathered under federal law and could coexist with the federal overall gross-weight…
Did Connecticut’s mental health patients’ rights law cover psychiatric units in state prisons?
No. The AG concluded that prison mental health units were not “facilities” under the cited patients’ bill of rights, so its treatment procedures did not govern those units. He separately identified…
Could UConn pay construction vendors directly from UConn 2000 bond proceeds?
The AG concluded that UConn 2000 bonds were issued by the university, rather than the state. Their proceeds therefore did not trigger the state-bond payment exclusion, and UConn could pay project…
Could a South Carolina family court order a juvenile offender to get a haircut as a probation condition?
The Assistant Deputy AG said the family court probably had authority to impose a haircut or hair-length condition in a particular juvenile case, but its validity depended on the facts and the…
Could a Kentucky school board appoint its acting superintendent to the permanent superintendent job?
No. The AG read KRS 160.350(1) to bar anyone appointed acting superintendent from applying for or being appointed to the permanent superintendent position. It applied that bar to both kinds of…
Where did a Kentucky parent file to change a child support order after moving counties?
The 1997 AG opinion said a party seeking to modify child support should file a motion in the court that entered the decree, even if a parent or child had moved to another county. It recognized that…
Could Santee’s mayor block council members from town records or the town attorney?
The Assistant AG said the mayor’s attempt to block council members from town minutes and contracts was improper. He could not decide attorney-access duties without the town ordinance, and referred…
Did the 1997 free-lunch and reduced-lunch school-fee exemptions apply in every South Carolina school district?
The Assistant Deputy AG said yes. He read Proviso 19.11’s final sentence as applying statewide, including districts that already had special-act authority to charge fees, because the exemption…
If NC enacts a swine farm moratorium that takes effect when the Governor signs it, can permits issued earlier the same morning still be valid?
Yes. The General Assembly ratified the Clean Water Responsibility and Environmentally Sound Policy Act on August 26, 1997. The Act imposed a two-year moratorium on construction or expansion of swine…
Could a reserve police officer operate traffic radar after 240 hours of training without Class 1 certification?
The Assistant Deputy AG said the training hours alone did not satisfy the 1997 radar regulation. It allowed only Class 1 certified officers to be accredited as traffic radar operators, and he found…
Could Orangeburg County school board members receive salaries, per diem, or mileage under the 1996 consolidation act?
The Assistant Deputy AG said the boards could vote to pay members per diem and mileage under general law, but could not authorize salaries. The 1996 act did not itself provide for compensation.
Could officers forfeit cockfight gambling money, and could prosecutors add a school-zone drug charge?
The Assistant Deputy AG said money proved to be integral to cockfight betting could be forfeited, preferably through a separate civil case giving interested owners notice. He said there was a good…
Did Greenwood County Council inherit the former county education board’s school-bond approval power?
The Assistant AG read the 1997 dissolution act as transferring only Chapter 15 powers needed to wind up the former board’s affairs. He did not separately decide whether a particular bond approval…
Could an unlicensed school-psychology specialist use “psychology” in a professional title under 1997 South Carolina law?
The Assistant Deputy AG said the existing title restriction had to be treated as valid until a court ruled otherwise. An unlicensed person could not use a title containing “psychologist,”…
Could a South Carolina mayor also serve as a magistrate?
The Assistant AG said simultaneous service would violate the state constitution’s dual-office prohibition. He treated both mayor and magistrate as public offices for that rule.
Does my city get to keep the money from parking tickets, or does the cash have to go to the county public schools?
It depends on whether the city has decriminalized its parking ordinance. If the council has invoked G.S. 160A-175(b) to remove criminal penalties (as Raleigh did in Section 11-2025 of its code), the…
Can the North Carolina General Assembly create a local-option tax by passing a bill on fewer than three separate days, or does Article II, Section 23 require strict three-day passage even for narrow city/county authorizations?
No, the General Assembly cannot. The AG concluded that to the extent S.L. 1997-452 (H.B. 786) authorized Cabarrus County or the City of Concord to levy taxes through a binding local referendum, it…
Could a collection agency seek bad-check warrants on checks it knew had already been dishonored?
The Assistant Deputy AG said no under the 1997 bad-check law when the agency had notice or knowledge of dishonor. Endorsement did not erase the statutory defense; he said its collection remedy was civil.
Could a magistrate issue a bad-check warrant when a check-cashing business accepted a postdated check knowing funds were lacking?
The Assistant Deputy AG said a warrant generally should not issue when the facts showed the payee knew or had reason to believe the check lacked sufficient funds. He said the holder’s normal remedy…
Did Kentucky's local life-insurance premium tax include advance payments collected in a policy's first year?
Yes. The AG said a local tax based on first-year life-insurance premiums covered all premiums actually collected during that year, including a lump sum paid for coverage in later years. The opinion…
What did Kentucky county clerks charge to record and release a property-backed bail bond in 1997?
The AG concluded that the total charge to record and release the real-estate bail bond described in the opinion was $21: two $8 recording charges, two $1 postage charges, and a $3 legal process tax.…
Could Georgetown County Council tell the clerk of court how to accept child-support payments or withhold funds to force compliance?
The Assistant Deputy AG agreed with county counsel that the council lacked authority to direct the clerk’s payment method or withhold funds to compel compliance. The short letter adopted counsel’s…
When a subdivision covenant conflicts with city zoning, which restriction controls?
The Assistant AG said the more restrictive rule controls under the South Carolina cases he cited. He could not decide whether the particular 1955 covenant or 1997 ordinance was stricter without…
Who gets lost property turned in to police if the true owner never claims it?
The Assistant Deputy AG favored treating the finder who claimed the item as the next owner after the true owner, once the applicable notice and disposition process was followed. He stressed that…
When a North Carolina builder builds a spec house on land he owns and sells the house and land together, does the project 'value' for general-contractor licensing purposes include the land?
No. The AG concluded that the 'value' used to determine which level of general-contractor license is required under G.S. § 87-10(a) is the cost of the building only, not the cost of the land. The…
After South Carolina abandons a rerouted state road, can the county quitclaim its interest to adjoining owners?
The Assistant Deputy AG said an abandoned state-road segment could pass to local control, and the county could then discontinue it for a public benefit and quitclaim whatever interest it held. He…
Can a Texas community college charge students a mandatory technology fee?
The Texas Higher Education Coordinating Board asked, on behalf of the Dallas County Community College District, whether the district could impose a mandatory technology fee to buy computer hardware,…
What happens if a town calls a special meeting on short notice without explaining why it couldn't wait seven days?
The town violated FOIA, under the law as it stood in 1997, by posting a special-meeting notice three days ahead without explaining why the usual seven-day notice couldn't be given. No remedy was…
Did South Carolina’s 1997 minimum-marriage-age law bar the pregnancy exception from licensing younger children?
The Assistant Deputy AG said yes. After the new statute took effect, a marriage involving a female under 14 or a male under 16 was void, and the older pregnancy-related license provision could not…
Can a North Carolina town legally run a 'Business Development Investment' tax-rebate program that gives incentive grants to private companies to attract economic development?
The AG could not decide whether Lexington’s proposed grants served a public purpose because the program’s evaluation guidelines and criteria had not yet been developed. The proposed rebate scheme…
If I appeal a Texas justice court case and post an appeal bond, do I still have to separately pay the county clerk's court costs?
When a justice court case is appealed to county court, Texas Rule of Civil Procedure 143a deems the appeal not perfected if the appellant fails to pay county-court costs within twenty days of the…
How many trustees should Anderson County school boards have, when do their terms start, and who fills vacancies?
The Assistant AG said board size followed district enrollment: five members below 3,000 pupils, seven from 3,000 to under 6,000, and nine at 6,000 or more. Terms began one week after election…
Is it enough for a city to just announce that a committee will meet, without saying what it will discuss?
No, under the law as it stood in 1997. The AG found the City of New Castle violated FOIA by giving less than seven days' notice for two Public Safety Review Committee meetings and by failing to…
Can a Minnesota county attorney prosecute someone who distributed unsigned campaign leaflets, when Minnesota's statute says it's a misdemeanor to distribute campaign material without a 'Prepared and paid for by ...' disclaimer?
The AG concluded the statute is clearly unconstitutional on its face under the U.S. Supreme Court's 1995 decision in McIntyre v. Ohio Elections Commission, which struck down a nearly identical Ohio…
Are public employers that contribute to Oregon's PERS pension trust 'beneficiaries' of the fund?
No. Public employers that contribute to PERS were not beneficiaries of the Public Employees Retirement Fund. The 1997 opinion explicitly reversed contrary statements in earlier 1976 and 1977 opinions.
Would cutting a sheriff’s or other listed county officer’s operating budget reduce state aid to the county?
The Assistant Deputy AG said yes under the 1997 statute. Any reduction in compensation or operating expenditures for the six listed offices required a corresponding reduction in state aid…
Did a 1996–97 payroll-deduction fee proviso require universities and other agencies to charge employees a fee?
The Assistant Deputy AG said agencies with separate payrolls probably should not begin charging the fee under that proviso without legislative clarification. Its placement in the Comptroller…
Can the mayor of a Minnesota city serve in office while also being an employee, incorporator, and director of a nonprofit that holds a contract from the city to operate public-access cable television under the city's cable franchise?
Yes, with abstention. The AG concluded that Minn. Stat. § 238.15, the cable-specific conflict statute, controls over the general municipal conflict statute (§ 471.87) under the…
If a NC home school doesn't actually enroll any children of compulsory school age, does the state Division of Non-Public Education still have to recognize and register it?
The AG said the Division of Non-Public Education was not required to accept a notice of intent from a home school with no children of compulsory school attendance age. The 1997 opinion says the…
Did a police agency owe training-cost reimbursement for an officer hired after July 1, 1997, if the officer trained earlier?
The Assistant Deputy AG said the second government employer’s hiring after July 1 triggered the 1997 reimbursement statute if its other conditions were met, even when training had occurred before…
How long should a South Carolina agency keep medical records for emotionally disturbed children?
The Assistant Deputy AG advised permanent retention, while leaving the form of preservation to the agency and state archives officials. He distinguished that advice from a statutory fixed retention…
How much authority do New York local governments have to use zoning to control where group homes, soup kitchens, and substance abuse treatment facilities can locate?
It depends on the type of facility. State law preempts local zoning over community residential facilities for the mentally disabled and group family day care, but allows local zoning over substance…
Could Idaho give parents a $500 income tax credit for not enrolling their child in public school, including parents using private religious schools, without running into the Establishment Clause or Idaho's no-aid-to-sectarian-schools provision?
The Legislature could grant a $500 income tax credit to parents who comply with Idaho's compulsory education law without using public schools, regardless of whether the child attends a non-sectarian…
Is a school's National Honor Society chapter subject to Delaware's public records law just because the school partly funds it?
No, under the law as it stood in 1997. The AG found the local National Honor Society chapter at Caesar Rodney High School was not itself a "public body" under FOIA, even though the school district…
Did Kentucky's right-to-farm statute prevent counties from regulating industrial-scale hog operations?
The 1997 AG opinion said KRS 413.072 did not prevent local governments from regulating the industrial-scale hog operations then proposed in western Kentucky. It read the statute's protection as…
Did changes to the salary schedule for North Carolina school psychologists and speech pathologists in the 1990 and 1996 appropriations acts strip these employees of eligibility for career status (tenure)?
No. The AG concluded that the 1990 and 1996 appropriations-act salary adjustments only raised the starting salary points for school psychologists and speech pathologists on the existing…
If a North Carolina felon's firearm rights were restored under the old rule (five years after release), can the State or the federal government still prosecute him for possessing a firearm after the 1995 NC amendment tightened the rules?
Yes. The 1995 NC Felony Firearms Act amendment applies to any felony conviction in NC occurring before, on, or after December 1, 1995. The AG concluded that even ex-felons whose firearm rights had…
Did a proposed eighth-grade magazine article comply with South Carolina’s 1997 health-education curriculum restriction?
The Assistant Deputy AG said the identified article fell outside the then-existing statutory exception for instruction about sexually transmitted diseases and therefore would not comply with the…
Could a county transportation committee approve road spending by phone without public meeting notice?
The Deputy AG said the committee was covered by the Freedom of Information Act’s open-meeting and notice rules, including when a quorum convened electronically. Only a court could decide whether the…
Could Georgetown County Council cut the water and sewer district board from seven members to five?
The Assistant AG said county council could not use an ordinance to reduce this preexisting special-purpose district’s board. He questioned the constitutionality of the 1975 act setting seven seats,…
Were two Georgetown County bills changing district elections and board appointments constitutionally sound?
The Assistant AG said proposed S.448 and the earlier appointment-transfer act both had doubtful constitutionality under the state ban on county-specific laws. He did not declare either invalid; only…
Could a county-specific bill change how Georgetown’s water and sewer district board was elected?
The Assistant AG said proposed S.448 had doubtful constitutionality under Article VIII, Section 7 because it concerned a district wholly within one county. He expressly reserved any binding…
When a North Carolina county wants to reorganize its county-owned hospital as a hospital authority, can the county lease the hospital property to the new authority with strings attached, like requiring the county's written consent before major decisions?
Yes. The AG concluded that G.S. § 131E-31 expressly authorizes a county to lease hospital property to a hospital authority on whatever terms the county chooses, including prior-written-approval…
Could South Carolina’s Legislative Audit Council audit the regional GLEAMNS Human Resources Commission?
The Assistant Deputy AG said yes. For the 1997 audit statute, he treated the legislatively created, seven-county public commission as a state agency that handled public money, placing it within the…
Are applications for a North Carolina Private Protective Services license open to the public, or can the licensing board keep them confidential?
The AG said licensure applications and other information obtained by the Board are public records unless otherwise exempt by law. The letter identifies Social Security numbers and specified medical…
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