State AG Opinions
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Can a Mississippi town shut off water service from another utility to collect on its own sewer bill?
No. Under Miss. Code Ann. § 21-27-23(e), a Mississippi municipality can discontinue services for nonpayment, but only services the municipality itself provides. The Town of Flora does not own the…
Could a company managed by a Lyman town council member buy town property after the member recused?
The Attorney General found a potential conflict because the council member managed the company seeking to buy town property. It said the member should disclose the interest in writing and take no…
If a Mississippi city missed the original deadline to grant an industrial replacement-equipment tax exemption, can it still grant a new application years later?
Yes, but only going forward. A Mississippi municipal authority can grant a new (subsequent) replacement-equipment tax exemption application even after the original June 1 filing deadline was missed.…
If a California school board member resigns mid-term after the district moved to by-trustee area elections, who fills the seat under which boundaries?
On both questions: no. When a school district moves from at-large to by-trustee area elections (or revises trustee area boundaries after the decennial census or to comply with the California Voting…
If a voter's ID shows they were once a non-citizen but they say they're now a U.S. citizen, can a North Dakota poll worker demand proof of citizenship before letting them vote?
No. The North Dakota AG concluded that an election official cannot require a voter to provide documentary proof of citizenship. Current statute only authorizes verification of name, age, and…
Can a former county judge who retired through TCDRS fill in as a visiting judge when a Texas county judge is absent?
Probably not. Lampasas County asked whether a former constitutional county judge, who retired under the Texas County and District Retirement System but does not meet the Government Code's definition…
If no probation revocation hearing happens within 21 days, must the Mississippi sheriff release the probationer?
Yes. Section 47-7-37(3) makes release mandatory if a probation revocation hearing is not held within 21 days of detention. The sheriff physically holds the probationer and must release them, even if…
If the CDC adds COVID-19 to its childhood immunization schedule, does my Virginia child have to get the shot to go to school or daycare?
No. Even if the CDC adds COVID-19 vaccination to its recommended childhood immunization schedule, Virginia children will not be required to obtain the vaccine to attend schools or childcare…
Can Mississippi's Wildlife Commission allow commercial trade of farmed white-tailed deer between licensed breeders?
Yes. Mississippi generally bars buying or selling game animals (§ 49-7-51), but the statute carves out trade 'specifically permitted by law or regulation.' The Commission has plenary authority over…
Can a Mississippi justice court ask city police to serve criminal contempt warrants when constables and the sheriff have failed?
Yes, within municipal jurisdiction. Under MRCrP 3.2 and § 99-3-1, municipal police can serve justice court arrest warrants when the suspect is within city limits. But § 25-7-25 has no provision…
Can a Mississippi tax collector seize and sell personal property over a lender's lien to collect delinquent personal property taxes?
Yes. Under § 27-41-101 a Mississippi tax collector can give notice, file a tax lien with the circuit clerk for enrollment as a judgment, and issue a warrant under § 27-41-103 directing the sheriff…
How does a Mississippi county decide if a 501(c)(3) qualifies for property-tax exemption as a charitable society?
The board of supervisors decides. 501(c)(3) status alone does not exempt property under § 27-31-1(d). The Board must determine that the entity is actually a charitable society and that the property…
If a fertility clinic discards an unused human embryo that was created in a lab and never transferred to a uterus, is that a crime under Tennessee's Human Life Protection Act?
No. The AG concluded that Tennessee's Human Life Protection Act does not apply to embryos that have never been transferred to a woman's uterus. The Act's text limits 'abortion' to terminating the…
If a Delaware department says it will 'undertake to identify' people with responsive records and 'provide a cost estimate,' does that count as a FOIA response within the 15-day clock?
No. The Delaware Department of Safety and Homeland Security missed the 15-business-day deadline and later promised to identify responsive records and provide a cost estimate. The AG found that this…
How can a Texas county legally get rid of worn-out items like old culverts when nobody bids on them at auction?
Cherokee County removes about one culvert a week and tries to sell them as 'salvage property' under Local Government Code section 263.152, but sometimes the bids do not even cover the newspaper…
Can a Texas store offer a suspected shoplifter a theft deterrent class instead of calling the police?
There is no Texas law that prohibits it. A House committee chair asked whether a merchant operating under the shopkeeper's privilege in Civil Practice and Remedies Code section 124.001 can offer a…
Can a Delaware journalist get a count of inmate deaths broken down by cause and facility under FOIA?
The AG did not decide whether the journalist could obtain the aggregate counts. It found a FOIA violation because DOC's affidavit described the individual death log it produced but did not state…
How long can a Delaware agency keep extending the deadline on a FOIA request, and at what point does repeated 'thirty more days' become bad faith?
Six months and five identical 30-business-day extensions were not bad faith here. Karl Baker requested 13 years of contracts between the Delaware Department of Insurance and Zack Stamp Consulting…
Can a North Dakota township refuse an open-records request by pointing to a lawsuit that has already been decided and not appealed?
The AG concluded the Township was wrong to deny. North Dakota's litigation exception under § 44-04-18(6) only blocks open-records requests from a litigant when there are still discovery procedures…
What notice does a North Dakota township board have to give before holding a special meeting?
The AG concluded the Butte Township Board violated North Dakota's open meetings law for three special meetings. Notice has to be filed with the county auditor, posted at the meeting location on the…
If you want to pull a piece of land out of a South Dakota sanitary district, how many petition signatures do you need? Is it 20% of all voters in the district, or 20% of votes cast for the top trustee at the last election?
It is 20% of the votes cast for the top vote-getter at the last annual trustee election, not 20% of all district voters. So in a small new district where the leading trustee got 40 votes, an…
Can Virginia's Commonwealth Transportation Board authorize license plate reader cameras to be installed on state highways for law enforcement?
No. The Commonwealth Transportation Board (CTB) lacks the statutory authority to amend its Land Use Permit Regulations to authorize the installation of license plate reader (LPR) cameras in VDOT…
If the Tennessee legislature names a stretch of state highway as a memorial highway, can a city or county pass an ordinance removing the memorial signs?
No. The General Assembly has plenary authority over state highways under Marshall v. State and BellSouth, and § 3-2-112 expressly authorizes the legislature to name or rename roads, highways,…
Can an Arkansas constable join the state employees' retirement system, and can a state employee accrue extra retirement credit for serving as a constable?
No on both. A constable cannot be a member of the Arkansas Public Employees Retirement System (APERS), paid or unpaid, because constables are township officers, not employees of a 'participating…
Can a Kentucky county pay to build and maintain pedestrian swinging bridges with public money?
Yes, with one limit. The Attorney General concluded that a fiscal court may spend public funds to build and maintain pedestrian swinging bridges within the county, because KRS 67.083 lets counties…
Is North Dakota's physician impairment program (NDPHP) subject to open records and meetings laws even though it's run by a nonprofit contractor?
Yes. The North Dakota AG concluded the North Dakota Professional Health Program (NDPHP) is a public entity under N.D.C.C. § 44-04-17.1(13) and subject to open records and meetings laws. The NDPHP…
Can a Delaware governor's office invoke the pending-litigation FOIA exemption when the office itself is not a party to the lawsuit?
The AG upheld the Governor's Office's denial of this Edgemoor port records request because the office was sufficiently related to the pending Environmental Appeals Board appeal and the request…
What happens if an elected South Carolina school board member takes the oath before filing an economic interests statement?
The Attorney General said an elected school board member must file the economic interests statement before taking the oath. A late filing could expose the member to penalties or a court challenge to…
Does a Mississippi constable get the bailiff fee on a court day if court gets cancelled before it starts?
No. Under §§ 19-19-8 and 19-25-31, a constable serving as bailiff is paid only when the court is in session. If court is cancelled before any session, the constable does not earn the bailiff fee for…
How does a tiny Mississippi town like Satartia enforce speed limits and write traffic tickets?
A Mississippi town governs traffic by passing ordinances and employing a police force or marshal under §§ 21-13-1 and 21-21-3. The municipal court clerk issues uniform traffic ticket books. Towns…
Can a Mississippi city pay incentive bonuses to municipal employees with ARPA funds?
The AG did not decide whether ARPA funds may be used. It held that a Mississippi city may grant incentive pay if it is contracted before services are performed, measured by objective standards, and…
If a Mississippi town owns underground utility lines, can its agent show up and verbally point them out instead of marking them?
Yes, with limits. Under § 77-13-9(2), a municipal utility owner can be onsite when excavation begins and verbally locate lines instead of marking them. But Sections 77-13-1 et seq. impose other…
Can a Mississippi school district give veterans free admission to athletic events?
No. Once a Mississippi school charges admission, the money is public funds. Giving free tickets to a class of people (even veterans) is an unlawful donation under Miss. Const. Art. 4 § 66. Cities…
Can a city allow its police officers to bank more than 90 days of sick leave?
Yes. A.C.A. § 14-52-107 lets municipal law enforcement officers accumulate up to 60 days of sick leave by default, with no upper cap if the city authorizes more by ordinance. So Prairie Grove's…
Can Connecticut municipalities use independent contractors as their property assessors, or does the law require assessors to be municipal employees?
Independent contractors are fine. AG William Tong concluded that Conn. Gen. Stat. § 12-55 and the rest of Chapter 203 require an assessor to be properly trained, certified, sworn, and to follow…
Can a Texas city council member also serve as a volunteer reserve police officer for the same city?
No, at least in Freeport. A man who was serving on the City of Freeport's police reserve force was then elected to the city council, and the Brazoria County Criminal District Attorney asked whether…
Can a Delaware journalist get the date of death of a homicide victim from the medical examiner's office under FOIA?
No. The date of a homicide victim's death is recorded in the post-mortem report (exempt as an investigatory file under § 10002(o)(3)) and on the death certificate (statutorily confidential for 40…
Are minor league baseball players who play in Virginia covered by Virginia's overtime and minimum wage laws?
No. Based on the facts presented, minor league baseball players employed by the five MLB-affiliated minor league teams in Virginia are exempt from Virginia overtime pay and minimum wage…
Can a Virginia circuit court clerk carry a firearm into the courthouse where they work?
Yes, while in the conduct of their official duties. The AG concluded that the clerk of a circuit court is a 'court officer' as that phrase is used in § 18.2-283.1, the statute that generally bans…
In California, are paid victim advocates who work with sexually exploited children mandated reporters of child abuse?
Generally no. Paid victim advocates are not on CANRA's list of mandated reporters. But they become mandated reporters if they hold a license that places them in a listed category, or if their job…
Does an advisory committee created by a school superintendent without school board action have to follow North Dakota's open meetings law?
No. The superintendent created this committee as part of his administrative duties, without school board direction or delegated authority. The AG concluded it was not a 'governing body' subject to…
Is it OK to wait six weeks to give a citizen meeting minutes after she requested them, and did the special meeting itself get proper notice?
The November 1, 2021 special meeting was properly noticed (email to newspaper plus website). But waiting over a month to provide requested meeting minutes was an unreasonable delay and violated the…
If a North Dakota citizen asks a school board to be personally notified of all future meetings, does the board have to send her notice of a special meeting?
Yes. Under § 44-04-20(5), when a citizen requests notice of future meetings, the public entity must give that person personal notice of each meeting, including special meetings. Public posting plus…
Can a Mississippi pretrial detainee held in their home county vote absentee on the disability excuse?
Only if they actually have a temporary or permanent physical disability. Detention itself is not a disability under § 23-15-713(d). Whether a particular elector qualifies is a case-by-case…
Could Beaufort County automatically give council members the same annual cost of living raise as county employees?
The Attorney General said Beaufort County's proposed automatic link between employee cost of living raises and council pay may conflict with state law. Council pay changes needed a clearly indicated…
Can a North Dakota city hold administrative nuisance hearings before its regular meeting without giving notice, and can it withhold the city attorney's emails as work product?
No on both counts. A quorum holding administrative nuisance hearings is a meeting that requires notice to the newspaper and the public. And the attorney work product exemption requires all three…
When a school district closes and is absorbed by another, what happens to the property tax millage residents were paying?
Under Arkansas law, the millage of a dissolved district remains at its prior rate when the territory is annexed or consolidated, until voters of the expanded district approve a change. The AG also…
What does it mean that the Mississippi Civil Rights Education Commission is assigned to the Secretary of State 'for administrative purposes only'?
The Mississippi Secretary of State assists the Civil Rights Education Commission with managing activities and organizational tasks. The SOS has no statutory funding obligation, no authority over the…
What happens when a Delaware agency simply ignores a FOIA request and the AG's request for a response?
Yes, violation. The Office of the Auditor of Accounts violated FOIA by failing to respond at all to Jack Guerin's July 29, 2022 request for policy work products by My Campaign Group, Innovative…
Can a Virginia local election office accept grants, equipment, training, or website services from the Center for Tech and Civic Life or the U.S. Alliance for Election Excellence?
No. Under Virginia Code § 24.2-124.1, the State Board, the Department of Elections, every local electoral board, and every general registrar's office is forbidden from soliciting, accepting, using,…
Did a nonprofit's sponsorship allow a prayer over the loudspeaker before a public high school football game?
The Attorney General said Supreme Court rulings against school-sponsored prayer before public high school football games remained in force in 2022, even after a separate ruling protecting a coach's…
Can a Mississippi town deed homes to long-time residents to make up for Community Block Grant houses that were promised but never built?
Generally no. A Mississippi municipality cannot deed municipally-owned property to individual citizens because that is an unlawful donation. The narrow exception is § 43-35-503: if the Town of…
Could Lexington County's auditor set school bond tax rates for bonds a district had not yet issued?
The Attorney General said the county auditor had to calculate and levy the tax needed for issued school bonds and a sufficient sinking fund; the millage calculation did not include future bonds. The…
Could South Carolina allocate a technical college less need-based grant funding than the older enrollment formula provided?
The Attorney General expected a court to treat the older enrollment-based allocation as an exception when a college would receive less under the Pell-recipient formula. It warned that a literal…
How does a Mississippi joint airport board dispose of abandoned personal property left at the airport?
A Mississippi joint airport board created under § 61-5-37 can dispose of abandoned personal property using the county procedure (§ 19-3-85) or the city procedure (§ 21-39-21), unless the joint…
Can a Mississippi county make all employees take their paychecks by direct deposit?
No. A Mississippi county can offer direct deposit, and may pay an employee electronically once the employee agrees, but it cannot make direct deposit mandatory for all county employees. Mandatory…
In Mississippi, do you have to get a community mental-health screening before filing a commitment affidavit?
No. A relative or interested person can file an affidavit with the chancery clerk first. After the chancellor directs, the sheriff transports the person to a community mental health center for the…
Can a Texas magistrate change the bail set in the county where someone was arrested on an out-of-county warrant?
Likely yes, in the right circumstances. When a warrant issues in one county but the person is arrested elsewhere, the arresting county magistrate sets bail and the accused may be transferred back to…
Can a Texas county give the sheriff's office a pay raise in the middle of the budget year?
Usually not without an emergency. San Jacinto County's commissioners court wanted to give every sheriff's office employee a raise mid-budget-year, but the budget had no money set aside for it. The…
Can a company that owns farmland in a Texas water district send a representative to vote in the district's elections?
Likely no. An LLC that owns irrigable farmland in the Maverick County Water Control & Improvement District No. 1 and uses the district's irrigation water wanted its authorized representative to…
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