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Did Missouri's Attorney General approve the legal content and form of a proposed ballot summary for petition 2024-171?
Yes. The Attorney General approved the legal content and form of the proposed summary statement for petition 2024-171, which asked about county voter control of cigarette or tobacco-product taxes.…
Is the personal water bill of a North Dakota fire chief a public record subject to disclosure under the open records law?
No. The Mandan Fire Department did not violate the open records law by denying a request for the Fire Chief's personal water bill. A public official's personal water bill is not a record of the…
Does a North Dakota county board violate the open records law just by overlooking a records request and never responding?
Yes. The Morton County Board of Equalization violated the open records law when it failed to respond at all to a 2022 request for the Board's annual meeting publication notices. 'It got overlooked'…
Did Missouri's Attorney General approve the legal content and form of a proposed ballot summary for petition 2024-170?
Yes. The Attorney General approved the legal content and form of the proposed summary statement for petition 2024-170. It asked about county voter control of cigarette and tobacco-product taxes and…
Did Missouri's Attorney General approve the legal content and form of a proposed ballot summary about nurses' prescribing authority?
Yes. The Missouri Attorney General approved the legal content and form of a proposed ballot statement for petition 2024-168 on advanced practice nurses' prescribing and collaboration. The letter…
Can a small school district remove an elected board member through quo warranto when he has been involuntarily hospitalized for a mental-health crisis and barred from contact with the district by a permanent restraining order?
The AG granted the district leave to sue. Substantial issues of law and fact exist about whether Government Code § 1770(b) is satisfied (declared mental incapacity such that the officeholder cannot…
Can my Oklahoma city pass a zoning ordinance keeping tobacco and vape shops at least 300 feet from schools and other youth facilities?
Yes. The Prevention of Youth Access to Tobacco Act preempts most local regulation of tobacco and vape products, but it carves out municipal zoning and land-use authority. So a city can adopt a…
Can Virginia state troopers enforce state criminal law on tribal land within the Commonwealth, including the Pamunkey, Mattaponi, and the six federally recognized tribes that gained recognition in 2018?
It depends on whether the specific tribal land is 'Indian country' under federal law. The Pamunkey and Mattaponi reservations are not Indian country under current AG analysis, so the Commonwealth…
Can a Mississippi town use hotel and restaurant tax money raised for tourism to mow and maintain a public cemetery?
It depends on the town's factual finding. Senate Bill 2998 authorized Sardis to collect a tourism tax 'for the enhancement of tourism and for the provision of parks and recreational facilities.'…
Did Arkansas's AG certify Dinwiddie's fourth attempt at an initiated act lowering the antique vehicle registration age from 45 to 25 years?
Rejected. Dinwiddie's fourth attempt to lower the antique-vehicle threshold from 45 to 25 years had two new defects: the popular name and ballot title used 'automobile' (a broader term) while the…
Can a charter city like Tulsa refuse to set up a leave-sharing program for firefighters and police on the ground that it would unconstitutionally use public funds, and can a charter city ban such programs by ordinance?
A leave-sharing program established through collective bargaining for paid fire or police personnel can comply with Oklahoma law if it includes reasonable controls and safeguards for accrual and use…
If a North Dakota public agency does not have a record I asked for, does it have to tell me, or can it just stay silent?
The Sheriff did not have to create a report that did not exist, but he had to reply to the request and promptly tell the requester that no report existed. The AG directed the Sheriff's Office to…
Do Arkansas planning and development districts, area agencies on aging, and community health agencies have to follow the state ban on COVID-19 vaccine mandates?
It depends on whether the entity is a 'political subdivision' under Acts 4 and 10 of 2023's First Extraordinary Session. Planning and development districts likely are political subdivisions and so…
Can the Mississippi Department of Agriculture spend private gifts and naming-rights money on improvements to its property and the Mississippi Agriculture and Forestry Museum?
Yes, with one statutory limit. Under Miss. Code Ann. § 69-1-48, the Mississippi Department of Agriculture and Commerce can accept private funds for departmental property improvements and marketing,…
Did Missouri's Attorney General approve the legal content and form of the fiscal note summary for petition 2024-171?
Yes. The Attorney General approved the legal content and form of the fiscal note summary for initiative petition 2024-171. The letter did not assess the fairness or sufficiency of its estimated…
When a person is appointed to fill a vacancy on a Virginia city council, board of supervisors, or school board, do they keep the seat through the rest of the original term, or only until the next election cycle, or only until the next person can be appointed?
An interim appointee continues until a special-election successor qualifies. In the scenario the opinion addresses, if the regular term ends and the officer-elect fails to qualify, the appointee…
I am running as an independent candidate in Virginia. Do petition signatures my volunteers collected on January 1 of the election year count toward my ballot-access total?
No. The Virginia AG read the requirement that petitions be signed 'after January 1' literally. January 1 is not 'after January 1,' so only signatures collected on January 2 or later count. The…
Do South Carolina disability-services providers have to run fingerprint background checks on their direct-care staff?
If a court finds a DDSN program is a direct care entity, § 44-7-2910 requires it or its contracted provider to check direct caregivers before hiring or contracting. The AG says § 44-7-2920 requires…
If a mayor would end up supervising his spouse who works for the town, does that violate nepotism or ethics rules?
The Attorney General said enforcing the town's own nepotism policy is up to the Town Council's discretion. But it warned that a mayor supervising his spouse (here, an assistant town clerk in line to…
Can someone serve on a Mississippi community college board of trustees and also be a sheriff at the same time?
Yes. A sheriff and a community college trustee both serve in the executive branch of Mississippi government. The separation of powers doctrine bars dual service only across branches, not within the…
Can a Mississippi county supervisor also serve as executive director of the Pat Harrison Waterway District?
It depends on the executive director's powers. A county supervisor exercises 'core powers' within the judicial branch under Mississippi separation of powers doctrine. The Pat Harrison Waterway…
Could Maryland funeral regulators license alkaline hydrolysis for human remains under the law reviewed in 2023?
No. The Attorney General concluded that Maryland law generally prohibited disposal of human remains by alkaline hydrolysis, and that the process did not meet the statutes' definition of cremation.…
Can a Louisiana parish amend a budget after the fiscal year has ended to handle adjustments that came in late?
No. St. John the Baptist Parish cannot amend an adopted budget for a prior fiscal year. Amendments must occur in the current fiscal year. The opinion explains how borrowing to remedy a deficit…
Do Kentucky counties have to give half of their own opioid settlements to the state opioid abatement commission?
Yes. The Attorney General concluded that KRS 15.293(3)(a) requires 50 percent of the proceeds from any settlement, judgment, or bankruptcy against the named opioid defendants to go to the Kentucky…
Do Kentucky's polling-place rules for tax-funded buildings apply to early no-excuse absentee voting sites?
No. The Attorney General concluded that the term 'voting places' in KRS 117.065(2), which lets county election boards use tax-funded buildings like schools as polling places, applies only to…
Could Louisiana's Energy and Power Authority sell electricity and meter-management services to a Mississippi town?
Yes. The Louisiana AG said the authority could sell wholesale power to municipalities in other states and provide the supporting SCADA electric-meter services described in the request.
Would California authorizing interstate commercial cannabis sales with another legalizing state create 'significant legal risk' to California under the federal Controlled Substances Act?
Yes. The AG concluded that authorizing interstate commercial cannabis activity could pose significant legal risk to California under the federal Controlled Substances Act. It identified possible…
Can a Fayetteville city attorney release a former police officer's personnel action sheet and termination letter under FOIA when the officer objects to release?
Yes. The custodian's decision to release both the personnel action sheet (a personnel record) and the termination letter (an employee-evaluation record meeting all four release elements) is…
Can a Kentucky county pull out of a joint planning unit with its cities, and then plan on its own?
Yes, with a catch. The Attorney General concluded a Kentucky county can unilaterally withdraw from a joint planning unit established under KRS 100.121, generally by repealing the ordinance that…
If I store my boat or travel trailer at a Virginia town facility but use it mostly somewhere else, which locality gets to charge me personal property tax on it?
A boat or trailer normally kept in a Virginia locality for at least six months has its tax situs there, regardless of weight or registration. A separate rule makes the Virginia locality of…
When the West Virginia State Conservation Committee pays per diem compensation to elected conservation district supervisors, can the rate be a range, and should the payments go on W-2 or 1099 forms?
The per diem must be a single flat daily rate within the $30 to $150 range set by W. Va. Code § 19-21A-7(c), not a range that varies among supervisors. And the payments must be reported on W-2s,…
If my Virginia health insurance covers other cancer radiation treatments but denies coverage for proton radiation therapy by saying it needs more clinical evidence, is that legal?
No. Virginia Code § 38.2-3407.14:1 forbids a carrier that covers any cancer therapy from holding proton radiation therapy to a higher standard of clinical evidence than it applies to other forms of…
Did Missouri's Attorney General reject the form of initiative petition 2024-172?
No. The official opinion letter approved petition 2024-172 as to form, but said the Secretary of State retained final authority to approve or reject it. The AG did not decide whether the petition…
Must Arkansas DOC reimburse a county for an inmate filing fee the county neither paid nor became legally obligated to pay?
No, on the facts presented. Even assuming filing fees qualify as expenses under A.C.A. § 12-27-115(a), DOC owes no reimbursement when the county neither paid the fee nor became legally obligated to pay it.
Can a full-time St. Landry Parish Solid Waste Disposal District employee serve on the St. Landry Parish Council?
Yes. The opinion states that the Dual Officeholding and Dual Employment Law does not prohibit a full-time employee of the St. Landry Parish Solid Waste Disposal District from serving on the St.…
Can a Texas district judge over two counties appoint a separate court coordinator for each county?
Probably not a second full coordinator. Government Code section 74.101(a) lets a judge 'appoint a court coordinator for his court,' and the AG read that singular language, reinforced by other…
Can a Texas state agency accept donated repair work on a building if a private donor pays a contractor to do it?
Yes, generally. Government Code section 441.006(b)(2) lets the Texas State Library and Archives Commission receive a donation of money, property, or 'services' on any terms it considers proper, so…
Does a city committee picking a buyer for surplus property have to keep minutes under Delaware's open meetings law?
Yes. The AG found that Dover's Old Post Office review committee violated FOIA by failing to post an agenda and keep minutes for its August 29, 2023 meeting. It recommended that the committee prepare…
Does the county sheriff have to investigate a crash when an off-duty highway patrol officer is in a personal car?
No, not under subsection (B). Section 56-5-765(B) requires the county sheriff to investigate crashes involving a Department of Public Safety vehicle or motorcycle. The AG concluded that rule does…
Can an Arkansas state representative or senator simultaneously serve on a city, county, or regional library board?
No. The AG concluded that city, county, and regional library board seats are civil offices under article 5, § 10 of the Arkansas Constitution. A legislator cannot serve on one during the term for…
Are 'pick'em' or 'over/under player prop' games where you bet against the operator (not against other players) on individual athletes' performance a fantasy contest or sports betting under Virginia law?
Sports betting. The Virginia AG concluded that the described wager against an operator’s established baseline, instead of against other customers, is sports betting rather than a fantasy contest.…
Did Missouri's AG verify the no-cost estimate for initiative petition 2024-168?
No. The Attorney General approved the fiscal note summary's legal content and form, but expressly said the review did not assess the fairness or sufficiency of its estimate of no state or local…
Did the Arkansas AG certify the Couch/Standerfer 'Arkansas Government Transparency Amendment' for the 2024 ballot?
No. The AG rejected the proposed popular name and ballot title because undefined terms, incorporation of existing law without its full text, and unclear effects on FOIA exemptions prevented an…
If a Kansas school district wants to lease out a closed school building instead of selling it, does it have to give the state legislature a chance to claim it first?
No, not for an ordinary lease. The Attorney General concluded that "dispose of" in the new school-building notice law means a permanent, conclusive giving up of the district's interest, such as a…
May Bogalusa's part-time city attorney also serve in the Louisiana House of Representatives?
The Louisiana AG said the dual-officeholding law did not prohibit that combination because Bogalusa's city attorney was a part-time appointive officer. The opinion did not decide whether the state…
Did the Arkansas AG certify Dinwiddie's third attempt at a ballot title for an initiated act lowering the antique-vehicle registration age from 45 to 25 years?
Rejected. Dinwiddie's third version of his initiated act to allow 25-year-old vehicles (down from 45) to register as antique still had unresolved drafting defects: a misused enacting clause followed…
Could Acadia Parish fund private broadband projects through GUMBO without triggering Louisiana's Fair Competition Act?
Yes, if the parish funded eligible projects through the GUMBO program. The Louisiana AG said that program's statutory exception prevented the funding from counting as a covered-service partnership…
Under Arkansas FOIA, can a city withhold a letter notifying a police officer of his administrative reassignment pending an internal investigation?
The AG said this particular letter should be disclosed in full. It documented a temporary, non-disciplinary reassignment while an investigation was pending, so it was a personnel record rather than…
Can an Arkansas city, county, or private business legally use automatic license plate readers (ALPRs)?
Arkansas law generally prohibits automatic license plate readers but lists limited uses for law enforcement, parking enforcement, secured-area access, and the Arkansas Highway Police. Whether a…
Can Sorrento pay its planning commission members a per diem for attending meetings?
No. The Louisiana AG said the statute required Sorrento's municipal planning commissioners to serve without compensation, and the town did not fall within an exception.
Can a county take back a raise it gave an elected clerk of court, and who has authority to set the salary?
An elected clerk of court's salary is set by the county's governing body (the county council) and cannot be reduced during the term for which the clerk was elected. The AG concluded the county…
Can a Delaware town council ban rebuttals during public comment, and is it enough to list executive-session reasons by statute subsection?
The Town Council of Ellendale did not violate FOIA. A public comment period that allows two minutes per speaker and disallows rebuttals still gives the public a meaningful opportunity to engage.…
Can a water district's lake wardens pull people over for speeding or DUI on or near district property?
No. Public safety officers a special purpose district commissions under § 6-11-340 hold the powers of a state constable and can enforce state law, but only on the district's own property and…
Did Missouri approve the form of initiative petition 2024-171?
Yes. The Attorney General approved petition 2024-171 as to form, but said the Secretary of State retained final authority to approve or reject it. The letter did not decide substantive sufficiency…
Does the Oklahoma Commissioners of the Land Office have to follow the State Use Advisory Council's mandatory contracts (which steer state spending to nonprofits employing people with disabilities) and the Central Purchasing Act, when its constitutional duty is to maximize benefits to school trust beneficiaries?
Yes, except where the laws conflict with the CLO's constitutional duty to maximize trust benefits. If the CLO verifies a lower price through OMES Central Purchasing's approved fair-market analysis,…
Does the Oklahoma Housing Finance Agency (OHFA) have to follow state agency rules for purchasing, finance, and consulting like other state agencies?
Mostly no. OHFA is a public trust, not a state agency. It is not governed by the Central Purchasing Act, State Consultants Act, or most of the State Finance Act. It must comply only with the few SFA…
Can a Delaware city charge for staff time to identify FOIA-responsive records, including supervisor email searches?
Yes. Delaware FOIA permits administrative fees for staff time beyond the first hour, and the AG upheld Wilmington's $145 estimate for three hours of work on Rodney Reservoir requests. A sworn…
Can a South Carolina county use its existing property-tax millage to fund a new county police department?
Yes, if voters approve it. The AG concluded that once a referendum approves a county police department that duplicates or replaces the sheriff's law enforcement functions, the county may use current…
Can Kathleen Garcia simultaneously sit on a community college district board and a fire protection district board whose territories overlap, or does Government Code § 1099 force her to forfeit one of the seats?
The AG granted the College District leave to sue in quo warranto. There is a substantial legal issue under Government Code § 1099 about whether the two offices are 'incompatible' because the fire…
Can Shakir Khan, the former Lodi City Councilmember, sue to challenge his replacement Ramon Yepez and reclaim his seat through a quo warranto action?
Yes. The AG granted leave to sue. Substantial questions of fact and law exist about whether Khan's purported jailhouse resignation was valid and whether the Lodi City Council lawfully declared the…
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