State AG Opinions
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Is a Camden suspension letter that doesn't list the grounds a personnel record that must be disclosed under FOIA?
Yes. The City of Camden's decision to release a former employee's suspension letter is consistent with FOIA. A suspension letter that does not recite the grounds for the suspension is a personnel reco…
Can an Idaho school district run a second plant facilities levy on the ballot before its current 10-year levy expires?
No. Idaho Code § 33-804 lets a district either amend its existing plant facilities levy or wait until that levy expires. There is no third path. A levy passed concurrently with an existing one is unau…
Can a Mississippi county fix a 2020 tax bill mistakenly assessed against a nonprofit that should have been exempt, and void the resulting tax sale?
The board's power to amend a wrongly assessed nonprofit tax under Section 27-35-143(1) is bounded by the last Monday in August following the assessment year, and that window has closed. The board may,…
Can a Mississippi poll worker stop a candidate or supporter from using a bullhorn near a polling place, even if the person stays outside the 150-foot buffer zone?
Yes. The poll manager designated as election bailiff has authority under § 23-15-241 to stop the use of a bullhorn or other amplifier (with police help if needed) when it creates a disturbance, an imp…
If a Delaware journalist sends a FOIA request to the wrong agency, does that agency have to forward it to the right one, or can it just deny the request?
DNREC didn't violate FOIA by denying records about the Port of Wilmington bidding because DNREC isn't the custodian of those records, the Diamond State Port Corporation is. Under Delaware administrati…
Can a Mississippi Public Service Commissioner accept a campaign contribution from a lawyer or lobbyist whose firm represents a utility regulated by the PSC?
Mississippi's Section 77-1-11 prohibits a PSC commissioner, candidate, or employee from knowingly accepting a campaign contribution from anyone interested as owner, agent, or representative of a regul…
Can an Arkansas county judge stop a citizen from reading aloud from a contested book at a quorum court meeting?
The AG could not give a yes-or-no answer because the legality depends on facts a court would have to assess. A county quorum court meeting is a 'limited designated public forum' where the government c…
Are Arkansas House Rule 108 and Senate Rule 6.0(2) banning campaign contributions during legislative session unconstitutional?
Yes. Both rules are unconstitutional under the First Amendment because they are not narrowly tailored to prevent quid pro quo corruption: they are overinclusive (banning small donations and self-fundi…
Can the Arkansas Natural Resources Commission order Cabot to stop using its alluvial aquifer wells, and what's the legal basis?
The Arkansas Natural Resources Commission did not order Cabot to stop drawing groundwater under the Groundwater Protection Act. The Commission acted under its Arkansas Water Plan authority, conditiona…
Can an elected Tennessee municipal court clerk set bail for arrested defendants, even when the municipal court has concurrent jurisdiction with general sessions?
No. Under Tennessee's Bail Reform Act, only three categories of officials can admit a defendant to bail: committing magistrates, circuit/criminal court judges, and circuit/criminal court clerks. A mun…
Can a Colorado county keep the surplus value when it forecloses on property for unpaid taxes, after the U.S. Supreme Court's Tyler v. Hennepin County decision?
Probably not, in some circumstances. The opinion concludes that Colorado's statutes for recovering unpaid property tax on real property and mobile homes are likely unconstitutional under the U.S. Supr…
Can a Virginia general registrar speak about voter registration at a Rotary Club, League of Women Voters, or other private civic group meeting without violating the state's ban on private election funding?
Yes. The 2020 statute that bars election offices from accepting private money or services for election work does not reach an unpaid invitation to speak at a private, non-partisan civic meeting. The r…
If a North Dakota park board posts the right meeting notice in person but accidentally shows the wrong date on its website, has it violated open-meetings law?
No. The ND AG concluded that the Devils Lake Park Board substantially complied with N.D.C.C. § 44-04-20 when it posted correct notice at its office and the meeting location, even though its website ma…
Can a Kansas city post official notices on its own website instead of in a newspaper?
Yes, with a step in between. The Attorney General concluded that K.S.A. 12-1651, which requires second- and third-class cities to designate an official newspaper for city business, is not a uniform st…
Does South Carolina's open records law require the prison system to release photos its tablets take of inmates?
Probably not. The Attorney General concluded that a court would likely treat the photos SCDC's tablets automatically take of inmates as 'security plans and devices,' which South Carolina law (§ 30-4-2…
Does a peer-to-peer car sharing company like Turo have to pay a South Carolina city's business license tax?
The Attorney General did not decide it. Whether Turo or its individual hosts owe Myrtle Beach's business license tax turns on whether they are 'doing business' in the city, and that is a factual quest…
What is the legal relationship between a Louisiana parish library board and the police jury that created it, and who controls the budget, property, and contracts?
The library board is an agency of the police jury, not an independent body. The police jury approves and can line-item-veto the library board's proposed budget (with limits on changing library employe…
Can a Delaware school district refuse to give a reporter administrators' hire dates, salaries, and leave status by saying 'that's a question, not a request for records'?
Not without sworn evidence that no such record exists. Indian River School District claimed the request was an interrogatory, but the AG ruled that counsel's unsworn statements cannot meet the FOIA bu…
Can a Mississippi city return private donations made for a specific purpose if the project doesn't happen?
Yes, in limited circumstances. A Mississippi municipality that received donations for a specific restricted purpose may return the funds if it cannot or will not carry out that purpose. The AG refers …
Can a West Virginia county that has no zoning ordinance just declare a moratorium on industrial wind turbines, or does the county have to set up a full zoning regime first?
A West Virginia county cannot impose a wind-turbine moratorium by simple resolution. A moratorium is a zoning act, so the county must adopt a comprehensive plan, prepare a study and report, and pass a…
If a Kansas city hires another city's newly trained police officer within a year, does it owe the full training cost or just a prorated share?
The full amount, not a prorated share. The Attorney General concluded that K.S.A. 74-5609a(b) requires a city that hires a law enforcement officer within one year of that officer completing training t…
If a complaining party drops misdemeanor charges in a Mississippi justice court, who pays the drop-charge fee and the court costs?
A Mississippi justice court can impose a fee of up to $50 when a misdemeanor charge is dropped or dismissed, and can assess court costs in petty misdemeanor cases that are dismissed at the request of …
Is a Mississippi mayor's written veto of a city council action a public record, and can the public see it?
Yes. A Mississippi mayor's written veto is a public record under the Public Records Act of 1983 from the moment it meets the statutory definition (used or possessed for public business). It doesn't ha…
What counts as a 'disability' that allows a Mississippi voter to get help at the polls?
Section 23-15-549 doesn't define 'disability,' so the Mississippi AG applies the common dictionary meaning. A voter has a 'disability' that qualifies them for assistance if a physical, mental, cogniti…
Can a Mississippi school district use activity funds to buy MHSAA athletic passes for chaperone employees?
Yes, if the school district determines the passes are necessary expenses or travel costs for chaperones to attend a school-related program beneficial to official or extracurricular programs. Activity …
Did SB 2647 strip the Mississippi Real Estate Commission of its power to discipline licensees who violate Section 73-35-21?
No. The new Section 73-35-21(6), added by SB 2647 in 2023, limits the Mississippi Real Estate Commission's rulemaking and administrative interpretation, but does not repeal its power to refuse, revoke…
When a Mississippi mayor-council city redistricts after the census, do the new ward lines take effect right away or wait until the next election?
If census data is published six months or more before the first municipal party primary, the reapportioned wards become the basis for representation effective immediately upon council adoption. Only i…
When a Mississippi school attendance officer files a truancy petition, which courts can hear the case?
Youth courts have exclusive original jurisdiction over child-neglect matters, so a truancy petition can go there. For prosecution of the parent or guardian under Section 97-5-39 (contributing to negle…
Can Kentucky's Department of Fish and Wildlife lease out its own land on its own, without the Finance Cabinet?
No. The Attorney General concluded that the procurement authority the legislature gave the Department of Fish and Wildlife in 2022 and 2023 covers acquiring property, not leasing out land the Departme…
Can Arkansas executive branch agencies release names, departments, and positions of employees who got merit raises?
Yes. The list of executive-branch employees who received merit raises (with business area, department, name, position title, and grade) is basic employment information that qualifies as personnel reco…
When the Arizona State Board of Education has approved a Structured English Immersion model, can the Superintendent of Public Instruction or the Department of Education declare that model invalid and order schools to stop using it?
No. Attorney General Kris Mayes concluded that only the State Board of Education has statutory authority to delete or modify an approved SEI model and to find a school district or charter school nonco…
Will the Arkansas AG interpret a county ordinance and a court settlement to answer a sales-tax question?
The AG declined to answer. Whether Carroll County can use excess sales-tax revenue from Ordinance 2000-39 to expand the sheriff's office, build a new courthouse, or take other capital action without a…
If three neighboring Delaware villages hold a joint meeting to vote on a transportation plan at one village's town hall, is that a FOIA violation if the host hall is not in two of the villages?
No. The Villages of Arden, Ardentown, and Ardencroft scheduled June 26, 2023 meetings at Gild Hall in Arden to vote on a joint transportation plan. The AG ruled FOIA permits a special meeting to be he…
Can an Arkansas political party hold a closed primary by party rule alone, and add candidate qualifications?
Yes, a political party can hold a closed primary in Arkansas without new legislation, using the existing voter-registration party-affiliation field. Whether a party can also add its own candidate qual…
Should the Arkansas Department of Corrections recalculate parole eligibility for prisoners after Act 683 of 2023 narrowed which residential burglaries count as violent felonies?
Yes, starting August 1, 2023, ADC should recalculate parole-eligibility dates for any offender affected by Act 683 of 2023. The act narrows which residential burglaries count as 'violent felony offens…
Can the Governor of Virginia create a Chief Diversity, Opportunity & Inclusion Officer position in the cabinet by executive order, when state law also creates a Director of Diversity, Equity, and Inclusion?
Yes. The Governor's general executive authority under Article V, plus statutes giving him control over executive branch policy and personnel, lets him designate additional cabinet officers by executiv…
When a Mississippi bill stages two amendments with different effective dates, do the other unrelated subsections also wait?
The January 1, 2024 effective date in the second amendment to Section 23-15-227(1) in SB 2353 applies only to that amendment. Sections 1(2), (3), (4), and (5) of SB 2353, which addressed other poll-ma…
Can a personnel record subject ask the AG to rule that her records are not actually responsive to a FOIA request?
The AG declined to opine. The scope of AG review under A.C.A. § 25-19-105(c)(3)(B)(i) does not extend to whether a custodian properly identified specific records as responsive to a FOIA request. The s…
Does Kentucky's Senate Bill 150 let schools pick which curriculum restriction to follow, and does following it violate Title IX?
No to both. The Attorney General concluded that Senate Bill 150's 'or' should be read as 'and,' so a school district must obey both restrictions: no human-sexuality or STD instruction for grades 5 and…
Can the Washington County judge appoint himself to and chair quorum court committees of the whole?
Whether a county judge can appoint himself to a quorum court committee under A.C.A. § 14-14-904(d)(2)(A) is ambiguous and needs legislative clarification. Either way, committee meetings are not 'de fa…
Can a South Carolina town spend public money to rebuild a culvert or road that mainly benefits one private property?
Maybe, but the Attorney General would not decide it. Because the culvert would sit on municipal property and the road over it stays open to the public, the AG said a court might find the spending does…
Can a Delaware town require me to use its specific FOIA form before answering my records request?
No. The AG ruled the Town of Ellendale violated FOIA by refusing to process Tamara Skis's email and portal requests for meeting minutes and a decorum policy unless she resubmitted on the Town's specif…
Can an Oklahoma city create a 'public safety protection district' that taxes all property in the city up to 5 mills for police, fire, and EMS?
No. The Public Safety Protection District Act lets cities levy what it calls an 'assessment,' but the Oklahoma Constitution only allows assessments for 'local improvements' that specially benefit spec…
Can a South Carolina school district sign a multi-year contract before budgeting the money for it?
It depends, and the Attorney General left the key questions to a court. State law (§ 59-19-290) voids school-district contracts that exceed the funds apportioned to the district, and multi-year contra…
Does a Mississippi statute's title affect what the statute means if the body of the statute is unambiguous?
The title of a Mississippi statute does not control its meaning unless the text is ambiguous. Senate Bill 2077's title mentions 'cash basis measurement only,' but the actual statutory text of Section …
Can a Mississippi regional utility authority pay membership dues to join a local chamber of commerce?
No. The local and private legislation creating the DeSoto County Regional Utility Authority doesn't authorize it to pay membership dues to join a local chamber of commerce. Counties and municipalities…
If a Mississippi county employee made an unauthorized purchase, can the county itself go to court to get permission to pay the vendor?
No. Mississippi law does not authorize a county to petition a court for permission to pay an unauthorized invoice or to initiate a lawsuit to correct its own purchasing failure. The vendor must file a…
Can a Mississippi prosecutor combine three shoplifting visits to the same store into one felony shoplifting charge under Section 97-23-93(9)?
Under the version of Section 97-23-93(9) in effect before July 1, 2023, a prosecutor could not combine three visits to the same Mississippi store into one felony shoplifting charge; the aggregation pr…
Can a Mississippi city allow four-wheelers, side-by-sides, and golf carts in a parade on city streets?
A Mississippi municipality may, by ordinance, allow golf carts and low-speed vehicles to participate in parades on city streets. But under Section 63-31-3(6), there is no statutory authority for off-r…
When can a Mississippi city pay to maintain a sewer grinder pump that sits on a homeowner's private property?
A municipality may install and maintain a grinder pump on private property only if the city makes a factual finding that the pump is necessary for the municipal sewer system to function (not solely fo…
What counts as 'kept up, maintained, or worked' in Louisiana's tacit road dedication statute, and can a parish set its own rule by ordinance?
It's a case-by-case factual question. Louisiana courts have not drawn a bright line for what level of road work satisfies La. R.S. 48:491(B)(1)(a). A parish police jury can pass an ordinance setting o…
Are Kansas's assigned-risk auto insurance plans subject to open records and open meetings laws?
Yes. The Attorney General concluded that both the Kansas Automobile Insurance Plan (KAIP) and the Kansas Automobile Assigned Claims Plan (KAACP) qualify as instrumentalities of the Insurance Commissio…
Who has to approve a South Carolina school district leasing out its property, the district or the county?
It depends on the purpose of the lease. If the school property will be used only for 'civic or public purposes,' the district's board of trustees can approve the lease itself under § 59-19-125, withou…
Can Oklahoma school districts still make payroll deductions for teacher union dues, given the 2015 statute (62 O.S. § 34.70.1) that bars state agencies from deducting dues for organizations that bargain under federal law?
Yes. Section 34.70.1 only blocks deductions for organizations that collectively bargain 'pursuant to' (in conformance with) federal law, like the Federal Education Association. Oklahoma teachers barga…
Does Kansas's Women's Bill of Rights law require driver's licenses and birth certificates to show a person's sex at birth?
Yes for driver's licenses and birth certificates, no for a general prison-housing mandate. The Attorney General concluded that 2023 Senate Bill 180, together with K.S.A. 8-243(a), requires the Departm…
When a Delaware public body holds an executive session, can people who are not board members attend, and how specific does the executive session agenda have to be?
The Diamond State Port Corporation kept two grounds on its revised executive session agenda (legal-advice strategy and exempted-document content) and that was specific enough. But the Board violated F…
Can the subject of an Arkansas workplace investigation get the unredacted memo and emails about the complaint against her?
Yes. The Respondent in an internal complaint investigation can obtain unredacted copies of the investigation memo (her evaluation record) and the related emails (mixed personnel records). A.C.A. § 25-…
Can a registered sex offender in Mississippi live within 500 feet of a public beach, and does the 3,000-foot rule for playgrounds apply to beaches?
A registered sex offender who wishes to reside less than 500 feet from a public beach in Mississippi must get advance approval from the Director of the Department of Public Safety Sex Offender Registr…
Can a Mississippi community college lease its land to a solar or wind energy company for a renewable energy project?
Yes. The word 'facilities' in Section 37-29-135 includes renewable energy facilities under the statute's plain-meaning test. A Mississippi community college's board of trustees may lease land or build…
In Mississippi, can a city council interview candidates before appointing them to the local school board?
Yes. Assuming the city's charter is silent, the city council may interview candidates for school board appointment under Mississippi's municipal home-rule statute, Section 21-17-5. The AG referred que…
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