State AG Opinions
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Does Arkansas Act 1002 stop a city historic district from regulating exterior changes to a county courthouse?
No. Act 1002 stops a city from enforcing its building and zoning regulations on county property used for a public purpose, but the AG concluded it does not touch the separate authority of a historic…
Can a West Virginia county commission obtain financial records from volunteer fire departments, and are those departments subject to FOIA?
A county commission may ask volunteer fire departments to provide financial records voluntarily, but it may not present the request as mandatory, condition levy distributions, or threaten adverse…
Can a California county pass its own ordinance against copper wire theft, or does state law preempt it?
No, state law does not preempt it. Fresno County's ordinance banning possession, transport, or stripping of scrap commercial-grade copper wire doesn't duplicate or contradict state theft,…
Can a federally recognized tribe sell cannabis to California-licensed businesses off tribal lands without a California cannabis license?
No. A federally recognized tribe must obtain a California Department of Cannabis Control license before conducting commercial cannabis activity with California licensees off tribal lands, even if…
Can Arkansas release an employee's personnel file if personal identifiers are redacted?
Yes. The Attorney General concluded that the Arkansas Department of Public Safety correctly classified the 16 requested records as personnel records that are open to the public, and that the…
Could Newark withhold police incident records and charge review fees for the nonexempt parts of a broad Delaware FOIA request?
Yes. The Delaware Attorney General concluded that Newark properly withheld police incident materials under the investigatory-files exemption and properly charged for processing non-investigatory…
Can a California county deposit government grant money and private gifts into its treasury without violating the ban on private deposits?
Yes to both. Government grant money is not a barred 'private and unofficial source' even when a nonprofit intermediary hands it to the county, because the government remains the true source. Gifts…
How should a police department handle FOIA release of complaints and medical info in an officer's file?
Partly. The Attorney General found the custodian's plan to release Rachael Kear's records with some redactions was only partially consistent with the FOIA. He said the custodian must look at the…
Can a city withhold a fired employee's termination letter and investigative file under Arkansas FOIA?
It depends, but likely yes. The AG could not review the actual records, so he could not confirm the custodian's classification or whether the firing was administratively final. But he explained the…
Can a police department release all of a fired officer's records without redacting anything under FOIA?
No. The Attorney General concluded that a blanket release of all the requester's personnel and evaluation records, with no redactions, would be inconsistent with the FOIA. Before releasing anything,…
Can a South Carolina county zoning ordinance block the state parks agency from building hiking and biking trails on land bought for that purpose?
Probably not. A court would likely hold that Article VIII, § 14 of the South Carolina Constitution prevents Greenville County's zoning ordinance from blocking the Department of Parks, Recreation and…
What can a South Carolina city legally do with development impact fee revenues, and can the money fund parking lots for existing buildings?
Two answers. First, expenditures of development impact fees in South Carolina must be tied to the city's adopted capital improvements plan; spending outside the plan is not allowed. Second, parking…
If a South Carolina landowner subdivides farmland but keeps owning it and keeps farming it, does the owner need to reapply for the agricultural property tax exemption?
No. Once a parcel has been classified as agricultural under S.C. Code § 12-43-220, the owner does not have to file a new application to keep that classification after subdividing the tract, as long…
Are privately owned mutual water companies exempt from California city and county building and zoning ordinances?
No. Government Code section 53091 exempts specified publicly owned water facilities from local building and zoning ordinances, but it does not extend that immunity to privately owned public water…
Could Clayton deny access to Flock camera data and police-vehicle GPS records under Delaware FOIA?
The Town did not justify withholding Flock camera data for specified plates and Town vehicles, because vendor-held data owned and controlled by the Town could still be a public record and internal…
Could a Delaware school district withhold vendor contracts because the requester might have copies and rely on a finance-only records search?
No. The Delaware Attorney General concluded that the District could not withhold vendor contracts merely because the requester might have obtained them elsewhere, and its affidavit did not establish…
Could Rehoboth Beach withhold building-permit and ADA records when the requester had threatened related litigation?
Yes. The Delaware Attorney General concluded that the potential-litigation exemption covered the full request because the requester had sent objective written notices of imminent legal action and…
Could New Castle County withhold a police report from the person who made the 911 complaint?
Yes. The Delaware Attorney General concluded that the police report and related records were exempt investigatory files in their entirety. The requester's status as the complainant, the absence of a…
Can an Arkansas agency release a police officer's disciplinary suspension record under FOIA?
Yes. The Attorney General concluded that the 'Disciplinary Action' form was properly treated as an employee-evaluation record, and that the four conditions for releasing such records were met: the…
When can an Arkansas sheriff's office release suspension letters from a deputy's personnel file under FOIA?
Partly. The AG approved release of administrative records and unsolicited third-party commendations with proper redactions. He found the four release conditions met for the three suspension letters…
Which records in an Arkansas deputy sheriff's personnel file must be withheld from a FOIA request when there's been no final discipline?
Partially consistent with FOIA. The custodian may release the administrative records and unsolicited third-party commendation letters with proper redactions. The custodian must withhold the employee…
Can a Mississippi county board of supervisors install a culvert or grade an entrance from private property to a state highway?
Yes. Under Miss. Code § 65-7-81, the board of supervisors has discretionary authority (subject to MDOT approval) to install culverts or maintain entrances from private property to state highways…
Can a Mississippi state senator run for justice court judge and keep his Senate seat, or does winning the judgeship cost him the legislative seat?
A Mississippi state senator may run for justice court judge while remaining in the Senate. But taking the oath of office as a judge automatically vacates the Senate seat under Article I, §§ 1 and 2…
Can a Mississippi public utility commission offer different employer-paid health insurance percentages to employees who join a wellness program versus those who don't?
Yes. Mississippi law lets a public utility commission split employees into two groups based on voluntary wellness-program participation and pay a different employer share for each group, as long as…
Does a South Carolina solicitor have to report a healthcare provider's pre-trial intervention to the National Practitioner Data Bank, even though state law makes that information confidential?
The AG advises that solicitors should make the federally-required report to the National Practitioner Data Bank when a defendant in a healthcare-related prosecution enters pre-trial intervention.…
Is joint custody the default in Arkansas child custody cases, and what did Act 604 of 2021 change?
Joint custody was not the default before Act 604. Act 1156 of 2013 made joint custody 'favored' in divorce but not presumed. Act 604 of 2021 imposed a rebuttable presumption that joint custody is in…
After Arkansas Act 314 of 2025, can cities still plan and zone in unincorporated areas outside their corporate limits?
Act 314 of 2025 removed municipal authority to enforce planning and zoning ordinances outside city limits. The Attorney General called the Act weakly retroactive because earlier ETJ ordinances…
When is the Arkansas annual school board election held, and how much advance notice does the public get?
Annual Arkansas school board elections are held on the first Tuesday after the first Monday in March, on the date of the preferential primary in even-numbered years. If that Tuesday falls on a state…
Does Kansas SB 244 require veterans nursing-home rooms, state park cabins, and prison housing to be separated by biological sex?
Only some prison cells. The Kansas AG concluded that shared prison cells with toilets are covered by SB 244, while veterans nursing-home rooms, state park cabins, and prison dormitories with…
Can Jacksonville, Arkansas dissolve the absorbed-but-still-dry Gray Township without going to the General Assembly?
No. Arkansas law has no mechanism for a defunct voting district like Gray Township to become fully wet (for on-premises and off-premises alcohol) without legislative action. Act 1018 of 2013…
Does an Oklahoma county sheriff have to transport jail inmates to and from court appearances when a jail trust operates the county jail?
Yes. The county sheriff is statutorily required to transport inmates between the jail and the courthouse for court appearances. Where a Title 60 jail trust operates the jail, that duty can shift to…
Can a Mississippi county board of supervisors use county funds to repair a dam on private property when the dam threatens to wash out a nearby public road?
Yes, if the board satisfies the procedural steps in § 19-5-92.1(2): (a) make a formal finding on its minutes that the work is necessary for public health, safety, and welfare; (b) give written…
Can the Mississippi Department of Revenue or a county tax assessor set the 'true value' for property tax purposes higher than the property's appraised or market value?
The AG quotes § 27-35-50(1), which says true value includes, but is not limited to, market, cash, actual cash, proper, and appraisal value. It declines to decide whether a particular assessment or…
Is a student complaint about a faculty member a personnel record (releasable) or an evaluation record (closed) under the Arkansas FOIA?
It depends on whether the student submitted the complaint on their own initiative or at the school's behest. An unsolicited complaint is a personnel record, generally releasable. A complaint…
Does Oklahoma's Tobacco Settlement Endowment Trust (TSET) Board of Investors have to follow the prudent investor rule, and can it sue companies it has invested in?
Yes on both questions. The TSET Board of Investors is bound by Oklahoma's Prudent Investor Act and by parallel language in the TSET Act, and as trustee it may bring stockholder actions to protect…
Could Blades vote to hire a plumbing company after an executive session when the public agenda mentioned only personnel?
No. The Delaware Attorney General concluded that the Town Council's agenda did not give sufficient notice that it would vote to hire a plumbing company after a personnel executive session. The AG…
Could New Castle County withhold SWAT reports, body-camera video, and 911 calls from the resident whose home was entered?
Yes. The Delaware AG concluded that, to the extent New Castle County held records responsive to the request about a police operation at the resident's home, they were investigatory files exempt…
Can the same person serve as a director of both a groundwater management district and a fire protection district whose boundaries overlap in California?
No for the two Mono County districts in this opinion. The AG concluded their specific powers create significant potential clashes of duties, making simultaneous service on the Tri-Valley Groundwater…
Could Delaware DHSS release another person's public-assistance applications, addresses, eligibility records, and caseworker notes?
No. The Delaware Attorney General concluded that 31 Del. C. § 1101 broadly prohibited disclosure of information about a person who applied for or received specified public assistance, including…
Can a Virginia town council member also serve on an elected county school board?
Yes. A sitting member of an elected town council in Virginia may also serve as an elected member of the county school board. There is no constitutional bar in Article VII, § 5 or § 6 of the Virginia…
Can a Mississippi tax assessor compound the 10% penalty year over year when a taxpayer fails to file a rendition for personal property?
No. Section 27-35-45 calls for a 10% increase to the current year's assessment when a taxpayer fails to list taxable personal property. The AG says the statute does not provide for annual…
Could New Castle County withhold sewer-backup and contractor records after the homeowner said a lawyer had permission to sue?
Yes. The Delaware Attorney General concluded that formal claim notices and an email stating that counsel had the green light to sue made litigation reasonably foreseeable. Because all requested…
If a Fayetteville police lieutenant recorded my two-hour phone call about a citizen complaint and the city is withholding the audio as an 'employee evaluation,' is that legal under the Arkansas FOIA?
Probably partly. Without seeing the recording, the AG could not definitively rule, but the call sounds like a 'mixed record.' The portion not tied to investigating the citizen complaint is likely a…
What can a West Virginia county commission lawfully fund: agricultural scholarships, scholarships for firefighters and EMS personnel, and gift cards as survey-participation incentives?
Mixed. A county commission may not fund an agricultural scholarship; that authority belongs to the Commissioner of Agriculture, not counties. It may fund a scholarship for volunteer firefighters and…
If someone serves on the board of the South Carolina Medical Malpractice Association, does that count as a 'public office' that would prevent them from holding any other state office?
Probably not. The AG concluded that a court would likely find the Association's board does not exercise sovereign power. The board takes no oath, receives no pay, has no regulatory authority, and…
When a corrections department employee's personnel file gets a FOIA request, are administrative records, promotion letters, and demotion letters all releasable, and how should email addresses and references' contact information be handled?
Mostly yes. The AG treated the administrative records and the specific promotion and demotion correspondence as personnel records subject to release. He called for consistent redactions across PREA…
When a community supervision officer's personnel file gets a FOIA request, can the employer release it with redactions, and can private-sector references' contact information be redacted along with everything else?
Mostly yes, with adjustments. Attorney General Tim Griffin concluded the Arkansas Department of Corrections's decision to release Thelma Delancey's personnel records with redactions was largely…
Can the North Dakota Tax Commissioner refuse to confirm whether a specific business holds a sales-tax permit?
Yes. The AG concluded that whether a business has a sales-tax permit is confidential taxpayer information under N.D.C.C. § 57-39.2-23(1)(a). Confirming or denying permit status would reveal the…
Can a Certified Registered Nurse Anesthetist (CRNA) in Oklahoma perform radiofrequency ablation, peripheral nerve blocks, or epidural steroid injections to treat pain?
CRNAs cannot perform radiofrequency ablation (RFA), period; the Pain Management Act treats RFA as the practice of medicine reserved for licensed allopathic or osteopathic physicians, and the Nursing…
Can a new Oklahoma Governor's Mansion be built on the State Capitol Complex with private-donor funding without legislative approval, even though the State will eventually pay for upkeep?
Yes. The Governor can accept private donations of property (including a new Mansion) on behalf of the State under 60 O.S. §§ 381 to 385, without prior legislative approval. The Office of Management…
Are San Diego police recruits hired between July 2013 and September 2024 entitled to the defined benefit pension plan that voters' invalid 2012 Proposition B took away?
The Attorney General granted leave to sue. The San Diego Police Officers' Association raised a substantial question about whether the City's existing fix for police recruits leaves out a class of…
Can an Arkansas city or county replace a retiring power plant with a wind project, and can it put a specific wind project up for a public vote?
No on both counts. AG Tim Griffin concluded that wind energy is statutorily defined as 'intermittent' and therefore cannot replace a 'dispatchable' generation facility being retired under A.C.A. §…
Can an Arkansas charity give door-raffle prizes worth more than $100 to public-employee social workers at an event honoring their public service?
Probably not, at least not without risk. AG Tim Griffin concluded that random door-raffle prizes given to public-servant social workers at a 501(c) appreciation event are likely 'gifts' rather than…
Could Delaware State Police withhold dash-camera video, body-camera video, and incident reports from a traffic stop that led to a pending court case?
Yes. The Delaware Attorney General concluded that an affidavit established both a pending Justice of the Peace Court case arising from the traffic stop and a relationship between that litigation and…
When someone on probation or parole picks up a new misdemeanor charge, can the judge fully revoke supervision the same way the judge could for a felony, or only impose the shorter graduated revocation periods that apply to 'technical' violations?
Only the shorter graduated periods. Under Mississippi law, a new misdemeanor that violates an 'obey all laws' supervision condition is a 'technical violation' under § 47-7-2(q), so the…
When do laws passed in Kentucky's 2026 legislative session take effect?
Most legislation passed in the 2026 Regular Session takes effect on Wednesday, July 15, 2026. Under Section 55 of the Kentucky Constitution, a non-emergency act becomes law 90 days after the…
How long can a Delaware state agency take to respond to a FOIA request if it needs extra time to gather records?
A Delaware agency can take extra time beyond the initial 15 business days if records are voluminous, need legal review, or are archived, but it must keep giving good-faith updated time estimates.…
Can a justice of the peace bring a firearm into a quorum court meeting in Arkansas?
Open carry is out. AG Tim Griffin concluded that a justice of the peace may not openly carry a loaded firearm into a quorum court meeting held in a publicly owned building. Concealed carry is…
Can the City of Little Rock ban all firearms at the Little Rock Zoo?
No. AG Tim Griffin concluded that the City Manager's no-exceptions firearms ban posted at the Little Rock Zoo violates A.C.A. § 14-54-1411, Arkansas's firearms-preemption statute. The Zoo is a…
Can Delaware State Police deny a request for 2025 expungement statistics without sworn evidence of its search?
The AG found a FOIA violation because DSP did not support its denial with sworn statements, including evidence of an adequate search. It did not decide whether DSP held the requested 2025 figures or…
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