State AG Opinions
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If a Texas city votes to extend council terms to four years, do members elected the same day get four-year terms?
It depends on the facts, the AG said, and the office could only lay out the law because it does not find facts. The City of Combes held two May 2022 elections at once: a general election that filled t…
Can a Texas county attorney also serve as legal counsel for the county's appraisal district?
Not under the statute he asked about, the AG said. The Starr County Attorney had been the appraisal district's lawyer before he was appointed county attorney, and he asked whether Tax Code section 6.4…
Can a Mississippi school district run a school bus route to bring teachers to work from out-of-district towns as a recruitment perk?
No. Mississippi school districts have no statutory authority to use public school buses to transport teachers and other employees to and from work, even on a commuter route from outside the district. …
Can a Mississippi town marshal require department employees to clear discussions with him before talking to the mayor or town aldermen?
Yes. As the municipality's chief law enforcement officer under Miss. Code Ann. § 21-21-1, a Mississippi town marshal has supervision and control over all municipal police officers and may adopt and en…
If a student at a Virginia college reports a sexual assault and admits she had been drinking or using drugs, can the school still require her to take a mandatory alcohol or drug class?
No. AG Miyares concluded that mandatory drug or alcohol counseling or courses count as 'disciplinary action' for purposes of § 23.1-808's immunity provision. A college or university is barred from req…
If a Mississippi defendant out on bond gets locked up in another state, does Mississippi treat that out-of-state custody as 'another jurisdiction' for bail-bond surrender purposes?
Yes. The phrase 'another jurisdiction' in Mississippi bail-bond statutes includes jurisdictions outside Mississippi. If a bail agent surrenders a defendant who is incarcerated in another state by givi…
When two officers were terminated for misconduct, can the police department release their full IA files to a public records requester?
Yes. The Conway Police Department's decision to release internal-affairs files for two officers who were terminated based on those files is consistent with the Arkansas FOIA. The four-part test for di…
Can a police department withhold a third-party recording of an officer's private call from a public records release?
The Conway Police Department may withhold the audio recording of a private spousal phone call (and its transcript) from a public release of an internal-affairs file because the recording is a personne…
Can a city attorney 'retire' for one minute, collect a pension, and immediately go back to work in the same elected office?
Probably not, in the way the Crossett city attorney attempted it. He sent a resignation letter on December 29, 2022, was sworn back in on January 1, 2023, and tried to start collecting pension benefit…
Can a Minnesota intermediate school district buy a closed elementary school from a member district by contract for deed, where the seller member district keeps title until the buyer finishes paying over five years?
Yes, but only through Minn. Stat. § 465.71, the modern statute that authorizes school districts to use installment contracts and lease-purchase agreements. The older catch-all statute, § 465.035 (whic…
Does the Texas minimum wage law apply to minor league baseball players who play for teams in the state?
Generally no, the AG concluded, because they fall under federal law instead. A House committee chair asked whether minor league players on the eight Texas-based teams are covered by Texas's minimum wa…
If a Tennessee director of schools breaks the rule against side contracts or extra paid work, does the school board have to fire them, or can the board choose a lighter penalty?
The board has to fire them. The 'shall' in Tenn. Code Ann. § 49-2-301(c) is mandatory, not discretionary. A director who is duly found to have taken outside contracts under the board, accepted additio…
What happens when the winner of a city election had withdrawn from the race before votes were counted?
Two answers. First, when a candidate withdraws after the ballot is certified but before the election and still wins the race, that creates a 'vacancy in election' under A.C.A. § 7-5-315(b), not a 'vac…
Can a state constitutional officer pay one employee above the line-item salary cap as long as the total payroll stays within the office's overall appropriation?
No. A constitutional officer cannot pay any individual employee more than the line-item salary appropriation set by the General Assembly, even if the office's total payroll stays under its aggregate c…
Can an individual city council member (alderman) demand to look at a specific city employee's timesheet, and are city employee timesheets public records anyone can request?
No on both. Individual aldermen have no special statutory right to access employee timesheets beyond what any member of the public has. And timesheets are exempt from public disclosure under South Dak…
When a private water company shuts down or wells run dry, can an Arizona county step in and pay to truck water to its residents until a permanent fix is built?
Yes. A county board of supervisors can use its public-health power under A.R.S. § 11-251(17) to contract with another government or a private supplier to provide emergency water on a short-term basis.…
What mental state does a prosecutor have to prove for the Texas crime of a county official refusing to follow county budget rules?
Intent, knowledge, or recklessness. Local Government Code section 111.012 makes it a misdemeanor for a county officer, employee, or official to refuse to comply with the county budget-preparation rule…
Can a Texas county commissioners court force county offices onto new software over the elected officials' objections, and what can those officials do about it?
Mostly yes for the commissioners court. Hood County was converting offices from NET Data to Tyler Technologies, and some justices of the peace objected. A JP is the 'records management officer' for hi…
Can a Texas city hire a law firm that employs a relative of the city manager, and does anyone have to disclose the relationship?
Yes, the contract is allowed, but it triggers disclosure paperwork. The City of Petersburg used a law firm, and the city manager's son-in-law later joined that firm and did some city work. The Hale Co…
When is a physician-owned eyewear company exempt from the Texas rules that bar ophthalmic-goods sellers from controlling optometrists?
Only if it stays small. The Texas Optometry Board asked four questions stemming from earlier opinion KP-0297. The AG declined the first three because they were the subject of pending cases before the …
Are volunteer members of New York's No-Fault and SUM arbitrator screening committees protected by the state's defense-and-indemnification statute when sued for committee work?
Yes. Both committees' members hold their positions by appointment and act in the service of the state, so they qualify as state 'employees' under Public Officers Law § 17 and are entitled to state-pai…
Can a Delaware board legally hold a virtual meeting where the public can only listen by phone?
Yes. The AG ruled the Delaware Board of Elections did not violate FOIA when its January 9, 2023 virtual meeting was held by phone only. Section 10006A requires only that the public be able to monitor …
Can a Mississippi town add a checkbox to water bills letting customers round up to the nearest dollar and donate the change to a local charity?
No. A Mississippi town cannot add an optional 'round up your water bill' donation feature. The state's municipal utility-revenue statutes do not permit intentional collection of surplus revenue, and A…
Can a Delaware state retiree get the State's Medicfill contract through FOIA, or can the State withhold it because RiseDelaware sued over the Medicare Advantage switch?
The State Employee Benefits Committee released the Medicfill contract in redacted form. Steven LePage, a retiree, said the redactions blocked him from understanding his benefits. The AG ruled the reco…
Can the Texas Behavioral Health Executive Council repeal or change a rule about counselor or therapist licensing on its own, or does the examining board have to act first?
The examining board has to act first. The Behavioral Health Executive Council is the umbrella agency that regulates marriage and family therapists, professional counselors, social workers, and psychol…
Are the contracts of the Trustees of the New Castle Common public records under Delaware FOIA?
Yes. The Trustees of the New Castle Common are a public body (per 17-IB34) and violated FOIA by failing to produce two contracts: one with Antonio Lawn and Landscape and one with the New Castle Weekly…
Is a 'skill game' amusement machine illegal gambling in Texas if chance affects how much you can win, not just whether you win?
Likely yes, it counts as a gambling device. Three Panhandle prosecutors asked whether the 'Lone Star Skill Game' offered by Republic Amusements is a gambling device under Penal Code subsection 47.01(4…
Can a company (not just an individual) act as the substitute trustee that runs a mortgage foreclosure sale in Texas?
Yes, a corporate entity can. Senator Donna Campbell asked the AG to clear up confusion about whether a substitute trustee under Property Code chapter 51 has to be a human being or can be a legal entit…
Can someone ask Delaware DHSS for the full animal-cruelty complaint report under FOIA, and does that change if the report identifies the suspect and the witnesses?
No. Christiane Marchio asked DHSS for an animal-welfare complaint report. The complaint report (a LEISS report) names the suspect and complainants and is the basis for the investigatory file. The AG r…
Do private companies that run Tennessee jails and prisons have to report deaths in custody and follow the same public records rules as government correctional agencies?
Yes. A private prison company operating a state, county, or municipal correctional facility under contract is the functional equivalent of a government correctional agency. It must submit reports to t…
Can a Mississippi county lease a privately-owned building and let a local food-pantry nonprofit use the space rent-free?
No. A Mississippi county cannot spend public money to lease space in a privately-owned building so a nonprofit can occupy it rent-free or for nominal rent. That structure is an unlawful donation under…
Does an abstention count against a majority vote when a California city council fills a vacancy with two yes, one no, and one abstention?
Application denied. The AG concluded there is no substantial question of law about whether Compton City Councilmember Deidre Duhart's appointment was valid. The vote was two in favor, one against, one…
Can a Californian serve at the same time on a city council and on the local water district board?
There is a substantial legal issue as to whether holding seats on the La Puente City Council and the La Puente Valley County Water District Board of Directors at the same time creates incompatible off…
Can my Virginia county or city require a special use permit, or just ban outright, the takeoff and landing of my private drone on my own property?
No. Virginia Code § 15.2-926.3 preempts almost all local regulation of private drone use. Localities can only regulate takeoffs and landings on property the locality itself owns. Counties and cities c…
Can Delaware deny a FOIA request just because the requester moved out of state, even if the records do not exist anyway?
The Department of Finance was right that the audio and video of three Retirement Benefit Study Committee meetings did not exist. The AG accepted a sworn affidavit on that point and held no FOIA violat…
Do Connecticut probation officers have to intervene to stop excessive force by a fellow officer and report it, the same way police officers and corrections officers do under the 2020 Police Accountability Act?
No. The 2020 Police Accountability Act's intervention and reporting duties apply only to 'police officers' and 'correction officers.' Judicial Branch probation officers are neither. They work for the …
Can the Connecticut Port Authority enter into formal public-private partnerships under Chapter 55d, the way other state agencies can?
It could from 2015 (when it was created) until June 27, 2021. After June 28, 2021, the General Assembly amended Chapter 55d to limit those formal public-private partnerships to the Department of Trans…
What can a Delaware agency charge me to fulfill an email FOIA request?
No violation, with caveats. The AG ruled DOE's email FOIA cost estimate complied with FOIA: DTI's $38/hr retrieval and scrubbing was permitted under § 10003(i), and DOE could later charge for redactio…
When a Mississippi justice court holds civil court in the morning and criminal court the same afternoon, does the constable serving as bailiff get one fee or two?
Two separate fees. A constable who serves as bailiff in justice court for civil cases gets a fee between $55 and $100 for each day or portion of a day in civil court, and a separate $55 to $100 fee fo…
If a Mississippi town's competitive bid notice for a construction project gets no response, can the design consultant just call up contractors privately and pick one?
No. Mississippi's competitive bidding statute (§ 31-7-13(c)) requires public advertisement for purchases over $75,000. When no bids come in, the town has to start the process over with a new advertise…
Can a Mississippi city pay employees a $200 annual bonus for getting a yearly wellness check from their primary care doctor?
Yes, if structured properly. The City of Biloxi can pay a $200 annual incentive to employees who get a wellness check, but only if the program is (1) contracted with the employee before the wellness c…
When a defendant skips court-ordered jail time in Mississippi, is that civil or criminal contempt, and can the judge order them locked up right away?
It depends. Whether skipping court-ordered jail time is civil or criminal contempt is a mixed fact-and-law question that the judge has to decide based on the primary purpose of the contempt order. The…
When a Mississippi nonprofit historical society leases a city building for a museum, is that leasehold interest exempt from property tax?
No. While property owned by a historical society is exempt from ad valorem tax under § 27-31-1(d) when used exclusively and not for profit, that exemption does not extend to a leasehold interest the s…
Can a Tennessee school board member also sit on the board of (or be the executive director of) the local teachers' association?
Probably not without serious legal exposure. Holding both roles will generally create a conflict of interest under common law, may violate the prohibited-interest-in-public-contracts statute (with man…
If a Delaware county denies a FOIA request saying 'no records exist,' what proof does it need to provide, and can a sworn affidavit from one engineer end the dispute?
Yes, generally. The Sussex County Engineer signed two sworn affidavits attesting that all responsive records had been provided for the first request and that no records existed responsive to the secon…
If a Virginia state psychiatric facility says it has no bed for a patient under a temporary detention order, can law enforcement just leave the patient there, or hold them at the hospital past the 72-hour TDO limit?
Law enforcement must keep custody of the patient until the temporary detention facility actually accepts custody, which means staffed admission. Law enforcement cannot transfer the patient to a facili…
If a Virginia judge orders someone involuntarily committed but does not name a specific facility, can the sheriff hold the person at the emergency department past six hours while a bed is found?
No. Section 37.2-829 requires transport to begin within six hours of notification of the commitment order, regardless of whether a specific facility has been named. If the order leaves the facility un…
Can a Mississippi municipal court punish a student caught with tobacco or a vape on school grounds when no other offense is involved?
No. § 97-32-9 prohibits students from possessing tobacco or alternative nicotine products on school property, but the punishment provisions only apply when the student is also found in violation of so…
When you file an expungement petition in Mississippi, do you pay just the $150 statutory fee or are there other civil filing fees on top of it?
Both, depending on how the petition is filed. If the expungement petition under § 99-19-71 is filed inside the original criminal case, only the $150 fee in § 99-19-72 is owed. If the petition is filed…
Can a Mississippi city's rental-property ordinance reach landlords who use contracts for deed to dodge tenant-licensing rules?
Yes, but only if the city determines on the facts that the agreement is rental in nature. A code charter municipality can amend its rental-property ordinance to reach properties where the landlord sti…
Can a Mississippi judge appoint a constable to serve as a riding bailiff in circuit, chancery, or county court?
No. Mississippi's riding bailiff statute (§ 19-25-31) authorizes circuit, chancery, county, and eminent domain court judges to appoint sheriff riding bailiffs only. There is no parallel authority for …
Can a public agency release a list of state employees with names, salaries, and demographic data, but withhold birth dates?
Yes. The Office of Personnel Management may release the requested basic public-employee information (names, titles, departments, race, gender, full-time/part-time status, location, hire/termination da…
Can a soda maker pay grocery stores slotting fees to get its alcoholic 'hard' soda on the shelves?
They probably can, depending on the facts. Virginia's AG concluded that paying a retailer slotting fees to influence shelf space for an alcoholic 'hard' soda can violate the federal tied-house rules i…
Can my Virginia county block me from running a farm stay (short-term rental on my working farm) through the local zoning ordinance, or am I protected as an agritourism activity?
If your land is in an agricultural district, your operation meets the statutory definitions of farm and agricultural operation, and your guests are getting access to rural activities (not just a place…
Can a Washington city or county shut down an existing mobile home park by rezoning the area, even when the rezoning is meant to protect a nearby military base under the Growth Management Act?
No. AGO 2023 No. 3 says that RCW 35.63.161, RCW 35A.63.146, and RCW 36.70.493 (cities, code cities, counties) flatly prohibit a local government from ordering the removal or phased elimination of an e…
Can a Delaware board vote in public on 'administrative action discussed in executive session' without identifying which employee, when there are only three employees in the agency?
Yes, in narrow circumstances. The DIAA Board has only three employees. Naming the employee in the public motion would have exposed private personnel information about an identifiable individual. The A…
Can a Mississippi county outsource employee payroll to a third-party processing company?
No. The chancery clerk has the statutory duty to issue pay certificates for county employees, and a county cannot contract with a third-party payroll processor to take over that duty. The board of sup…
Can a Kansas groundwater rights holder use both a multi-year flex account and a water bank safe deposit account for the same water right?
No. The Attorney General concluded that a holder of a groundwater right who has placed that right, at any point in time, into a safe deposit account with a chartered water bank cannot also establish a…
Do Kentucky criminal justice agencies have to give criminal history records to federal agencies doing security background checks?
Yes, with one condition. The Attorney General concluded that under the federal statute 5 U.S.C. § 9101, Kentucky criminal justice agencies must provide criminal history record information to a 'covere…
Can a Washington school district run its own health clinic on campus, lease space to one, or use district funds to advertise it?
It can host but not run one. AGO 2023 No. 2 says a Washington school district still has no statutory authority to operate or establish a health clinic itself. But under RCW 28A.605.040 (added in 2010)…
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