State AG Opinions
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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…
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…
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…
Could Louisiana's river-pilot oversight board investigate a pilot who also served on a pilot commissioners' board?
It could investigate that person's conduct as a pilot, the Louisiana AG said, but lacked authority to investigate conduct in the person's official board-member capacity. The AG left classification…
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?
The AG concluded that a municipality cannot levy the Act’s citywide public-safety assessment consistently with article X, section 7, which requires an assessed local improvement to specially benefit…
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…
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…
Could one person serve on both the La Joya school board and Hidalgo County Irrigation District No. 6 board?
No. Because both boards had taxing authority in overlapping territory, conflicting-loyalties incompatibility barred one person from serving on both. Accepting and qualifying for the later…
Could a Texas sheriff use jail-commissary funds for an inmate medical-transport vehicle without commissioners-court approval?
Likely yes. A dedicated vehicle for inmate medical and mental-health transportation could qualify as equipment or a service benefiting inmates, with the sheriff deciding first. The sheriff could…
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…
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…
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…
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…
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…
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…
Could Oil City put a mayor's court failure-to-appear fine in its general fund, and was a separate hearing needed?
The Louisiana AG said the contempt fine was separate from the original offense and went to the town treasury. The defendant had to be heard before a direct-contempt finding, but that opportunity…
Which Texas agency hears a dispute over a water district charge: the PUC or TCEQ?
It depends on what the charge covers. A challenge to a district assessment or charge for maintaining and operating its water delivery system goes to TCEQ under the opinion; other water-rate disputes…
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…
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,…
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…
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…
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…
Can the subject of an Arkansas workplace investigation get the unredacted memo and emails about the complaint against her?
Yes, for the records reviewed. The AG said the respondent could receive the investigation memo and related emails without redactions. They were mixed records, but the memo was her evaluation record…
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…
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…
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…
Can a Mississippi city library use a general appropriation from the city to fund repairs and maintenance, or does the city council have to vote a separate special appropriation?
Yes. A Mississippi public library system created under Article 1 of Title 39 Chapter 3 may use a city's general appropriation, with no special set-aside required, to make repairs and maintain its…
In Mississippi, can someone running for county election commissioner show a political party label on the ballot, and can a sitting commissioner stay in their party?
Yes, with strict limits. A candidate for county election commissioner may declare a party affiliation and have it printed on the ballot under Section 23-15-213(3). A sitting commissioner may remain…
Can current and former Rock Region METRO employees block release of their compensation data under Arkansas FOIA?
No. Names, hire dates, salaries, bonuses, overtime, gross wages, and position titles of current and former Rock Region METRO employees must be released under FOIA. The kind of information requested…
Can a police officer block release of his promotion dates and photo because he suspects the FOIA requester wants to harass him?
No, the officer cannot block release. Under Arkansas FOIA, the requester's intent and motives are generally irrelevant when determining whether public records must be disclosed. The fact that…
Does Washington County's 99-year, $1-per-month lease of land for veterans housing violate the Arkansas county-sale statute?
The AG concluded that A.C.A. § 14-16-105 does not apply to the county's 99-year lease because the statute expressly excludes leases. Article 12, § 5 still requires adequate consideration for a…
Can a sheriff's office release the Internal Review of a deputy who 'voluntarily' resigned just before being fired?
Yes. Sebastian County Sheriff's Office can release the Internal Review of former deputy Thomas Gage. A 'forced or coerced resignation' (resigning in the face of impending termination) operates as a…
Does Arkansas's driver-license suspension law apply to non-epileptic seizure patients and to one-time DBS-surgery-caused seizures?
Yes to both questions. A.C.A. § 27-16-909 applies to all licensed drivers, including non-epileptic seizure patients and people who had a single seizure caused by Deep Brain Stimulation surgery. The…
Could a full-time Iberville Parish School Board employee serve on the parish's elected council?
Yes, under the dual-officeholding law as the Louisiana AG applied it. The school board and the parish council were separate political subdivisions, so the employee did not hold a job in the same…
Can a Pointe Coupee justice of the peace work part time for the parish registrar of voters?
No. Although the general dual-officeholding law ordinarily allowed an elected official to work part time for a separate political subdivision, the attorney general said La. R.S. 18:63 specifically…
May a Texas school choose a student discipline penalty based on race to equalize discipline statistics?
The Attorney General said a race-based disciplinary decision must be narrowly tailored to serve a compelling governmental interest under the Texas Equal Rights Amendment. A court would likely reject…
Could Elton's aldermen require its elected mayor to work set hours or file a timesheet?
No. The Louisiana AG said the board of aldermen could not require an elected Lawrason Act mayor to work a fixed schedule, keep a timesheet, or report hours worked.
Can two remaining directors fill vacancies and adopt bylaws for a South Carolina nonprofit volunteer fire department?
Possibly. South Carolina nonprofit law can allow directors remaining below a quorum to fill board vacancies, and it gives directors or voting members different powers to adopt or amend bylaws. The…
Can the Arkansas Public Defender Commission release suspension and termination letters about a former employee facing criminal charges?
Yes. The AG found the Arkansas Public Defender Commission's decision to release redacted suspension and termination letters and related emails consistent with the FOIA. He accepted the custodian's…
Can an Arizona city require contractors on its public works projects to pay at least the prevailing wage, despite the state Prevailing Wage statute saying political subdivisions can't impose prevailing-wage rules?
Yes. Attorney General Kris Mayes concluded that the voter-approved Minimum Wage statute (A.R.S. § 23-364(I), Props. 202 and 206) authorizes counties, cities, and towns to regulate minimum wages…
If a South Carolina school board posts several documents called an agenda, which one counts as the legal public-meeting agenda?
The document's title is not controlling. The AG said a court would likely identify the agenda by asking which list of items was publicly posted at least 24 hours before the meeting and whether the…
Are statements collected during a South Carolina State Election Commission audit automatically exempt from a public-records request?
No. The FOIA privacy exemption does not automatically cover every election-audit interview. A court must review the information case by case and balance the interviewee's privacy interest against…
Who owns and maintains Texas centennial historical markers placed on private land?
If ownership was never lawfully transferred, a centennial marker remains Texas property even when it sits on private land. The Attorney General said a court would likely find the Texas Facilities…
Can a Delaware city refuse to release public-records data that overlaps with a pending lawsuit?
Yes. The AG ruled the City of Wilmington did not violate FOIA by denying access to monthly vehicle booting and towing statistics under 29 Del. C. § 10002(o)(9), the pending-litigation exemption,…
Can one person serve on the Cherokee County Council and also hold Cherokee County's seat on the Spartanburg County Commission for Higher Education?
No. The AG concluded that both positions are public offices that exercise part of the State's sovereign power, so holding them at the same time would violate South Carolina's constitutional…
Can a public water utility release customer-usage data after stripping out names, or is the data itself confidential?
No. Even if you strip out names and addresses, customer-usage data from a public water system or municipally owned utility is itself exempt from Arkansas FOIA disclosure. The General Assembly listed…
Can a Texas county hire a private collector for forfeited bail bonds posted by an attorney surety?
Likely no, if the attorney sold the bonding service for a fee or commission. The Attorney General said a court would treat that as a commercial bail bond and read the statutory exception to bar a…
Can a private university police department in South Carolina enter a statutory mutual aid agreement with a city police department?
No. The AG concluded that the Law Enforcement Assistance and Support Act authorizes political subdivisions, not private universities, to enter mutual aid agreements, though campus officers may still…
Can the West Virginia State Conservation Committee prorate the daily per diem rate for conservation district supervisors so they get paid by the hour rather than a flat $150?
No. 'Per diem' under W. Va. Code § 19-21A-7(c) means 'by the day' or 'for each day.' The statute uses the singular 'a per diem' twice and provides a daily rate range of $30 to $150 with no proration…
Was a church-owned building exempt from Louisiana property tax while a restaurant leased and used it?
The Louisiana AG said church ownership and tax-exempt status alone did not establish a property-tax exemption. A building leased purely for unrelated commercial gain would remain taxable, with the…
What problems did the Idaho AG flag with the proposed open primary and ranked choice voting initiative?
Many. The Cert flagged: a single-subject rule violation (open primary plus ranked choice voting are two distinct subjects under § 34-1801A); attempted self-titling that the AG must do; multiple…
Will the Arkansas AG say whether Act 372 covers cartoon depictions of minors, or only depictions of identifiable real children?
The AG declined to interpret Act 372 because pending litigation could directly affect the issue. Footnote 1 says the Act would take effect August 1, 2023, and footnote 2 cites the then-pending…
Could a full-time employee of Washington Parish's hospital district serve on the parish council?
Yes, under the Louisiana dual-officeholding law as the AG applied it. The hospital service district and the parish were separate political subdivisions, so the elected council seat and district…
Can a full-time assistant public defender also serve as part-time special counsel to a Louisiana parish council?
Yes. Louisiana's Dual Officeholding and Dual Employment Law does not bar a full-time assistant public defender employed by a judicial district public defender from also serving as part-time special…
Does Delaware FOIA force a public body to mail or email me copies of records, or can the agency just say 'come in and inspect them'?
The agency does not have to send you copies. Delaware FOIA requires public bodies to make records available for inspection and copying during business hours, but FOIA does not obligate them to mail…
Did the Arkansas AG approve the LEARNS Act referendum ballot title for circulation, and what's the catch?
The AG certified the LEARNS Act referendum's popular name and ballot title (third version, 8,154 words spanning 16 pages) because, by essentially copying every section of Act 237, it cannot be…
What can an Arkansas city legally spend its general sales-tax money on, and what is off-limits?
The answers vary. A proposed hotel donation is prohibited, and payments for visiting basketball teams would likely violate the constitution absent adequate consideration. Paying a performer, buying…
Could Lafourche Parish share dedicated 2017 tax revenue with Lafourche ARC to support disability services?
Yes, the Louisiana AG said the parish could contract with the ARC taxing district, its private nonprofit, or both, if the agreement served a public purpose and spent the tax proceeds only on the…
Can someone other than a coroner sign off on a cremation in Louisiana, and can the coroner charge the family or the funeral home for the permit?
Only a coroner, deputy coroner, or assistant coroner can issue a cremation permit in Louisiana. The coroner cannot charge the family or the funeral home for the permit; the parish or municipality is…
Can a South Carolina town limit public comments and remove disruptive speakers from council meetings?
Yes, if the restrictions are reasonable and viewpoint neutral. The AG found topic limits, a three-minute speaking limit, and a ban on pooling time likely facially valid, but warned that removal…
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