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Can one person serve as both an Allendale County administrator and the Olar town administrator in South Carolina?
Yes, without violating South Carolina's constitutional ban on dual office holding, because the AG found both administrator roles likely are not public offices. The opinion did not decide whether a…
If I create a family subdivision in rural Virginia, do VDOT's highway access standards still apply to my new driveway entrance, or am I exempt because the lot is family-only?
Yes. A family subdivision's exception from many local subdivision rules does not exempt its highway entrance from VDOT's Access Management Design Standards. The low volume commercial entrances…
Did Mandeville have to budget every dollar of a multiyear City Hall renovation before starting construction management at risk?
No, the full probable construction cost did not have to be in the annual budget before starting the CMAR selection process. The Louisiana AG said Mandeville still had to put the project's estimated…
Can the California Legislature give the State Bar power to regulate non-attorney legal document assistants?
Yes. The California Legislature has plenary power except where the state Constitution explicitly limits it. Article VI, § 9 makes the State Bar a constitutional public corporation but does not limit…
Can a former Arkansas Department of Education employee block release of his termination letter?
Yes, the termination letter must be released. When a termination letter includes the grounds for termination, it is classified as an employee evaluation. It must be disclosed if (1) the termination…
When a workplace investigation produces interview notes about multiple employees, what is releasable under Arkansas FOIA?
Partly consistent. The interview question sheets in the ATRS workplace investigation are 'mixed records' (both personnel records of the interviewee and employee-evaluation records of the complainant…
Can an Arkansas school board hold a closed meeting to discuss responding to a ransomware attack?
No. The AG said a school board cannot close a meeting to discuss district cybersecurity, even if it records the session for later release. Consultants may email proposals for information only,…
Could a Caddo Parish election supervisor work full time as Shreveport's director of council affairs?
Yes, on the facts supplied. The Louisiana AG classified the election-board seat as a part-time appointive office and the city job as full-time employment, and also identified an exception for…
Does the State of Oklahoma own the Grand River Dam Authority's assets, and what would happen to the proceeds if the Legislature ordered GRDA to sell?
Yes. The opinion says the State owns GRDA and its assets, and its funds are public funds. The Legislature may direct GRDA to sell assets, but GRDA must first satisfy or discharge outstanding debts…
Can a South Carolina sheriff obtain confidential EMS patient data with a search warrant?
Yes. The AG concluded that a search warrant qualifies as a court order under section 44-61-160(A), allowing release of otherwise confidential EMS information; a solicitor may also share information…
Can the same Arkansan serve as both Justice of the Peace and town council member at the same time?
The dual-office statute the question asks about (A.C.A. § 14-14-1202(c)(3)(A)) bars JPs only from city councils, not town councils. But Article 7, § 53 of the Arkansas Constitution and A.C.A. §…
Could a Louisiana notary with a felony conviction regain a commission through an automatic first-offender pardon?
No. The Louisiana AG said the pardon required by the notary provisions meant a governor's or presidential pardon. An automatic first-offender pardon did not qualify, regardless of how much time…
Can a Tennessee court clerk require people to put up a deposit before letting them bid at a delinquent property tax auction?
No. Court clerks are ministerial officers with only the powers expressly given by statute. Nothing in Tennessee's delinquent tax sale statutes authorizes a clerk to require a bidder deposit, so the…
If a Mississippi county orders road equipment before the supervisors' last six months in office but the equipment doesn't arrive until after the cutoff, does that violate the six-month rule?
No violation. Mississippi Code § 19-11-27 prohibits a board of supervisors from buying machinery or equipment in the last six months of their term. The 'buying' happens when the purchase requisition…
Can a Texas city use a voter-approved maintenance-and-operations property tax increase to pay debt service for a transit project, or promise that money to a transit corporation forever?
No on both counts, as the AG read it. A tax-rate increase election under Tax Code section 26.07 only forces a city to get voter approval before raising its rate; it does not 'authorize' spending the…
Can Mississippi's child-protection agency spend its state funds to buy a parent a car or pay private-school tuition for a child in state custody?
Before July 1, 2023, no. Mississippi Department of Child Protection Services state funds could not be used to buy a vehicle for a parent of a child in agency custody, or to pay private school…
Can a California city seek to remove a councilmember after disputed meeting absences and a summer recess?
The California AG granted Moreno Valley permission to sue over Councilmember David Marquez's disputed absences. Government Code § 36513 sets a 60-day threshold, or 70 days if a council meets monthly…
Could a Louisiana clerk cancel a forfeited appearance bond judgment without a court order?
No. The Louisiana AG said the clerk lacked authority to cancel the judgment on a peremption affidavit alone; a court order was required.
In Arizona, can a county board of supervisors decide on its own to hand-count every ballot from a general election?
No. A.R.S. § 16-602 sets the audit at a small random sample (at least 2% of precincts and 1% or 5,000 of early ballots, whichever is less). A county cannot turn the initial audit into a 100% manual…
Does Oklahoma's state firearms preemption law (21 O.S. § 1289.24) prevent a city from enforcing a general zoning rule that bars retail sales out of homes in residential areas?
No. The firearms preemption statute occupies the field of firearms regulation, but it does not reach generally applicable land-use regulation. A city zoning rule that bars all home-based merchandise…
Can a Delaware voter use FOIA to get poll book certification forms and voting machine certificates after an election?
No. The AG ruled poll book certifications and voting machine certificates are 'voting materials' that 15 Del. C. § 4980 requires to be stored undisturbed and locked for 22 months after the election,…
Should the AG grant the City of California City leave to sue a councilmember in quo warranto for allegedly accepting a legally incompatible second public office on a health care district board?
Yes. The AG concluded there was a substantial legal question whether serving as both a city councilmember and an East Kern Health Care District board member violates Government Code § 1099, and that…
Does a Mississippi town have to withhold state income tax from aldermen's pay and from the city attorney's pay?
For state taxes, aldermen are employees of the town and their pay is subject to state income tax withholding. The city attorney is either a town employee or an independent contractor, depending on…
Can a Mississippi city require apartment complexes and multi-unit housing developments to install security cameras and turn over the recordings to police?
No. A Mississippi city is not authorized under § 21-17-5 (home rule) or § 21-19-15(1) (police regulations) to require private apartment complexes to install security cameras or to maintain and…
Does a Mississippi justice court judge get an automatic raise when the county's population grows past a salary-tier threshold?
No raise for population growth alone. A Mississippi justice court judge's salary under Section 25-3-36(2)(b) is locked to the salary scale in effect on September 30, 2008, not the current…
Are propane deer cannons on Maryland farms exempt from noise limits, and can a county restrict them?
A farm propane cannon used to scare wildlife from crops is exempt from Maryland's statewide noise regulation if used and maintained as the manufacturer specifies. A county or municipality with…
Once the 60-day congressional review window for a DC criminal-law amendment runs out, can the U.S. Senate still kill the amendment with a late disapproval resolution?
Assuming the 60-day review period applied, the DC AG concluded that it ran from the January 26, 2023 transmittal through April 20. A later Senate disapproval vote would not change the Act's validity…
Can a South Carolina town use an AI noise camera to detect violations of its municipal noise ordinance?
Yes for detection. The South Carolina Attorney General concluded that Section 56-7-35 did not prohibit a municipality from using a noise camera for a nontraffic public-nuisance ordinance. An…
When my Virginia general registrar's four-year term ends, does the electoral board have to reappoint the incumbent, or can it pick someone new?
No. An electoral board may appoint someone else when a general registrar's four-year term ends. The decision cannot rest on political affiliation or other impermissible grounds, and the process must…
Can Maryland treat an inactive 529 savings account as abandoned property?
The Attorney General concluded that Maryland's abandoned-property law did not apply to balances in Maryland 529's college and disability savings accounts. It likely did apply to money owed on…
Can two Arkansas constables enter into an interlocal cooperation agreement for mutual law-enforcement aid?
No. The AG could not approve these two constables' proposed interlocal agreement because individual elected officials are not among the Act's defined public agencies. The opinion does not decide…
Why did the Arkansas AG reject the LEARNS Act referendum's second-draft ballot title?
The AG rejected the second draft because it left out summaries of LEARNS Act provisions and described others too vaguely. The opinion also flagged uncorrected drafting errors and a 6-point…
Can the Arkansas LE Standards Director refer an officer for decertification when the employing agency declines to do so?
Yes. The AG concluded that the Division director may request a decertification hearing for a still-employed officer when the employing agency declines to refer and the director has direct knowledge…
Can a dental hygienist in Arizona inject Botox if the supervising dentist asks her to and she has the training?
Yes, a dental hygienist may administer Botox if four conditions are met: the supervising dentist prescribes or recommends the procedure, the hygienist has training to do it safely, the work is done…
When someone is committed to Oklahoma state mental health custody after being found not guilty by reason of mental illness, do they have a right to a lawyer at later hearings on Forensic Review Board recommendations, and can the public defender system represent them?
Yes. The opinion finds a statutory right to counsel at court hearings on Board recommendations for conditional release or discharge, and on a district attorney’s objection to a therapeutic visit.…
Can the Oklahoma Legislature direct how TSET (Tobacco Settlement Endowment Trust) money is spent, and can TSET money be used for Medicaid?
The Legislature cannot authorize or approve specific TSET expenditures; only the TSET Board of Directors can. The Legislature can recommend uses, but those recommendations are not binding on the…
Can a Mississippi bus driver bring their own kids on the school bus when transporting students to a game or other school event?
No. Mississippi law lets school buses carry students to athletic or extracurricular events only when those students are participating in the event. The driver's own kids, grandkids, or wards may not…
Can a Mississippi city zone a county-owned utility plant or pass an odor ordinance against it?
JCUA is generally subject to reasonable municipal zoning that does not prevent it from fulfilling its statutory duties. A city may adopt nuisance odor regulations under § 17-1-3(1), but the AG did…
Can a South Carolina county cap magistrate salaries, tie pay to completed cases, or reduce magistrate hours?
Counties must fund the statutory magistrate salary schedule and cannot tie pay to completed cases. They may set part-time hours on the chief magistrate's recommendation. During a term, § 22-1-10(A)…
Can a Mississippi community college nursing program require students to get the COVID-19 vaccine?
Generally no. HB 1509 makes it unlawful discrimination for a Mississippi public community college to deny educational opportunities based on COVID-19 vaccination status, including in nursing…
When the Mississippi Workers' Compensation Commission hires, fires, promotes, or demotes staff, does the chairman decide alone or does the full Commission act as a body?
It depends on the action. The chairman acts alone on day-to-day administrative work and case-assignment decisions. But for promulgating rules and regulations, including rules for the appointment,…
If a nonresident alien buys more than 320 acres for industrial development in Mississippi, does the statute automatically void the transfer?
Section 89-1-23 does not say a transfer contrary to its limits is null and void. It says land held or acquired contrary to the section shall escheat to the state. The AG did not decide whether any…
In Arizona, can a sheriff put someone in a deputy or posse role and have them act with police powers if AZ POST has not certified them?
No. Anyone exercising peace-officer authority in Arizona must be AZ POST-certified or fall within one of six narrow statutory exceptions, and 'chief deputy sheriff' and 'posse member' are not on…
Can the City of Conway withhold all records of an internal investigation when the requester is the complainant himself?
No. The AG found Conway’s decision to withhold every record inconsistent with FOIA because at least some were the complaining officer’s own statements, which he was entitled to receive. The…
When do Arkansas laws passed in 2023 without an emergency clause take effect?
August 1, 2023. Acts of the 94th Arkansas General Assembly that lack an emergency clause or specified effective date take effect the day after the 90-day referendum petition window ends. The…
Can South Carolina's Criminal Justice Academy train a SkillBridge participant appointed as a municipal police officer but paid by the military?
Likely yes. The South Carolina Attorney General concluded that an appointed municipal officer participating in SkillBridge could qualify for Criminal Justice Academy training even while receiving…
Can a Tennessee private K-12 school that also runs a preschool on the same campus let its teachers carry concealed handguns under § 49-50-803?
Yes, as long as the school adopts the policy in compliance with § 49-50-803 and only allows faculty with a valid Tennessee enhanced handgun carry permit (not the concealed carry permit under §…
What happens to Highfill's airport-related sales tax and bond obligations if the airport detaches from the city?
All three questions about Highfill's regional airport authority are answered by the Regional Airports Act and Act 769 of 2023. (Q1) After detachment, sales tax for bond payments is levied by…
Can Texas let a licensed specialist in school psychology (LSSP) call themselves a 'School Psychologist'?
Yes, as the AG read it. The Texas Behavioral Health Executive Council asked whether it could amend its rule (22 Texas Administrative Code section 465.38(d)) to let a licensed specialist in school…
Does membership on a South Carolina Capital Project Sales Tax commission count as holding a public office for dual-office purposes?
The Attorney General concluded that members of the Ride 4 Capital Project Sales Tax Commission do not hold a public office for South Carolina's dual-office prohibition. Although the commission…
If someone is court-committed for drug or alcohol treatment in Mississippi, can the state hospital just transfer them to the psychiatric ward?
No. A state hospital cannot reroute a person court-committed for substance use disorder treatment into an inpatient psychiatric ward under Section 41-31-11. The hospital's medical director can,…
Can Mississippi's Medicaid agency negotiate liability caps with actuarial firms, or does the state constitution prohibit limiting their liability?
The AG declined to opine on whether § 43-13-117(K) violates Mississippi Constitution § 100. Statutes are presumed constitutional until a court of competent jurisdiction rules otherwise. Section…
Is Arkansas AG Opinion 89-230 (Horseshoe Bend improvement district) still good law?
Mostly still valid. Op. 89-230's first conclusion (the Horseshoe Bend Municipal Recreation Facilities Improvement District may transfer property to the City of Horseshoe Bend) is still sound, and…
Does an Arkansas community college instructor have to report overload pay separately, and should it be on a 1099?
The AG said the annual disclosure serves a different purpose from an overload contract, and reporting extra income does not require a 1099. The AG considered contractor status unlikely for the…
Can Arkansas redirect rice checkoff funds to a trade association that lobbies for the rice industry?
The AG did not decide whether a proposed rice-checkoff bill would be constitutional. The opinion identifies First Amendment government-speech and Arkansas public-purpose issues and suggests…
Can the Idaho Attorney General prosecute someone for performing a criminal abortion under § 18-622, or does only the county prosecutor have that power?
Only the county prosecutor. The AG can step in only if the county prosecutor specifically asks and a district court appoints the AG under § 31-2603. The Legislature has not given the AG independent…
Do university police retain jurisdiction over nearby apartments the university owns after they are no longer used for student housing?
Probably not. The Attorney General said a court would likely find Furman University Police lacked jurisdiction over nearby apartments once Furman stopped housing students there or otherwise using…
Can a Mississippi small-town police chief also work part-time for the city's water utility?
Yes, with limits. The Mississippi AG sees no separation-of-powers problem with a town's police chief also serving as an assistant water utility maintenance worker, since both positions are in the…
If a Mississippi school board approved a job and supplements but couldn't pay the full salary until the salary cap was amended, can the employee get back pay?
The AG declined to opine. Whether a Mississippi school district's delay in amending its administrative salary cap to permit supplemental pay qualifies as the 'administrative error' exception to…
If a Mississippi city annexes my neighborhood, do I have to wait two years before I can run for city council?
No new wait. Mississippi candidates need two years of continuous residency in the territory they want to represent (§ 23-15-300(1)). When a municipality annexes part of the county, residents of the…
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