State AG Opinions
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Does Arkansas's funding of party primaries change the constitutional analysis of closed primaries that exclude non-members?
No. State funding does not change the AG's earlier conclusion that a party may hold a closed primary without new legislation. Citing Moorman's public-purpose reasoning, the AG believes a court is…
In an Arkansas city administrator city, can the mayor's veto force a measure the board never passed, or unilaterally authorize spending?
No to both veto questions: an unpassed board measure is already a nullity, and a veto cannot authorize spending. The AG answered ‘Possibly’ on whether payments could continue: the city administrator…
Can a Texas county commissioners court impose a broad moratorium on commercial utility-scale solar projects?
Generally no. The AG concluded that county road statutes authorize regulation tied to roads, traffic, and loads, not a facility-wide moratorium. Section 121.003 permits enforcement of existing…
Can a former employee block release of her Arkansas personnel file by saying she does not know the requester's motive?
No. The requester's identity and motive are irrelevant under Arkansas FOIA. The subject of personnel records cannot block disclosure simply because she does not know who requested the file or what…
Does an Arizona school's web-based emoji feature that asks 'How are you feeling?' count as a 'survey' that requires written parental consent under A.R.S. § 15-117?
No. Attorney General Kris Mayes concluded that an emoji-based 'How are you feeling?' check-in is not a 'survey' soliciting 'mental health information' under A.R.S. § 15-117. The statute's…
Must a Delaware municipality post meeting minutes online, and can the AG review the merits of a council's vote?
No. The City of Delaware City did not violate FOIA by failing to post meeting minutes on its website; § 10004(f) does not require online posting. The AG also cannot review the petition's other…
Can a South Carolina sewer district charge the same property tax rate on land that has no access to the sewer line?
Yes. The Spartanburg Sanitary Sewer District's enabling legislation requires its elected commission to levy an ad valorem tax on all taxable property within the district to cover bond payments and…
Did South Carolina's 2023 tobacco law ban all vending machine cigarette sales, or just sales to minors?
A court would likely conclude that Act 38 of 2023's provision stating 'it is unlawful to sell a tobacco product through a vending machine' was not intended to ban all vending machine tobacco sales…
Could a Louisiana notary keep notarizing in Jefferson Parish after moving to Mississippi?
No. The Louisiana AG said moving out of state ended the notary's residency qualification and invalidated her commission. A provision for certain nonresident Louisiana lawyers did not apply to the…
Can a Delaware agency keep asking for 15 more business days every time my FOIA request is voluminous, instead of giving me a real estimate?
No. The Department of Health and Social Services repeatedly told reporter Meredith Newman it needed another 15 business days, then another, then another. The AG ruled that 29 Del. C. § 10003(h)…
May a non-district court designated under article 17.027 deny bail for a new felony committed while the defendant was on bail for a prior felony?
No, unless the designated court is a district court. Code of Criminal Procedure article 17.027(a)(1) determines which court may release a defendant charged with a new felony committed in the same…
Does Delaware FOIA make a city compile a list of properties whose water has been shut off, or only hand over a list it already keeps?
Dover did not violate FOIA. FOIA only requires public bodies to give access to records they actually keep. The City does not maintain a list of properties whose water has been shut off, and FOIA…
Can a former Arkansas deputy block release of his 2014 misconduct investigation records nine years after termination?
In this case, no. The AG approved release of the former deputy's investigative records because his termination was final, the records formed a basis for it, and the public had a compelling interest…
Can a North Dakota law enforcement agency refuse to release 911 transcripts because they're part of an active criminal investigation?
Refusing to release a 911 transcript outright violates open records law. The ND AG concluded the Highway Patrol and State Radio violated N.D.C.C. § 44-04-18 when they refused The Forum's request for…
Is a Camden suspension letter that doesn't list the grounds a personnel record that must be disclosed under FOIA?
Yes. The AG found the City of Camden's decision to release this redacted suspension letter consistent with the FOIA. Because the letter does not state the grounds for suspension, he classified it as…
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…
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…
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…
Can a full-time St. Bernard Parish deputy sheriff also serve as a parish constable?
No. The attorney general classified the full-time deputy sheriff as holding an appointive office and the Ward I constable as holding elective office. Louisiana's dual-officeholding law barred those…
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…
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…
Can an Arkansas county judge stop a citizen from reading aloud from a contested book at a quorum court meeting?
The AG could not decide whether the county judge violated the citizen's rights without more facts. A quorum court meeting is a limited designated public forum. The government may regulate speech…
Are Arkansas House Rule 108 and Senate Rule 6.0(2) banning campaign contributions during legislative session unconstitutional?
Yes. The AG concluded that House Rule 108 and Senate Rule 6.0(2) violate the First Amendment because their contribution blackouts are both overinclusive and underinclusive. The AG also found likely…
How should Caldwell Parish divide its voter-dedicated industrial park and 911 property tax?
The Louisiana AG said Caldwell Parish had reversed the allocation approved by voters. The tax should fund a $50,000 industrial-park reserve, with the remaining proceeds going to 911; the parish…
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,…
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…
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.…
Could Bastrop's mayor name an interim city attorney without council consent, and must executive session appear on the agenda?
The Louisiana AG said Bastrop's mayor could not bypass council consent by naming an interim city attorney. The council generally did not need to label an agenda item as an executive session, but it…
Can a Virginia general registrar speak about voting or voter registration at a private, non-partisan civic group meeting?
Yes. The AG concluded that an invitation to speak at a private, nonprofit, non-partisan civic meeting is not private money, property, or services given to the registrar. The engagement must not…
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?
The ND AG found substantial compliance on these facts. The Board posted the correct notice at its office, which was inside the meeting location, notified the newspaper and was presumed to have…
Could Bogalusa's mayor put GPS trackers in police vehicles or spyware on police computers?
No. The Louisiana AG concluded that real-time police-vehicle tracking and computer keyloggers would intrude on law-enforcement responsibilities reserved to Bogalusa's appointed police chief under…
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…
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 (§…
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…
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…
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'?
The district violated FOIA by failing to support its denial with sworn evidence of its efforts to find responsive records. Counsel's unsworn claim that no single record held all the requested…
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…
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…
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…
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…
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…
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,…
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.…
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,…
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…
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…
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…
Could Louisiana's pardon board waive its capital-clemency application period using a procedure-waiver rule?
No. The AG said Rule 213(M)'s waiver of procedures in that rule did not reach Rule 203(E)'s one-year eligibility period for capital-clemency applications. The opinion also said the broad waiver…
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…
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…
May a Texas state employee also receive Hutto City Council's per-meeting salary?
The state employee may serve on Hutto City Council but must decline the council's per-meeting payment. Article XVI, § 40(b) allows state-paid employees who are not state officers to sit on local…
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…
Is a nonprofit volunteer fire department a political subdivision for a county land exchange under Local Government Code § 263.006(e)?
Probably not. A nonprofit volunteer fire department generally lacks the attributes Texas courts use to identify a political subdivision, especially locally elected governmental control and taxing…
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…
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…
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…
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…
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…
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…
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…
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