State AG Opinions
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Can a Kentucky school board member also serve on a water district board?
Yes. The Attorney General concluded that serving on a board of education is not incompatible with serving on a water district board created under KRS Chapter 74. A water district is a statutory politi…
Under Arkansas's medical marijuana law, can an employer designate any job that handles confidential information as a 'safety sensitive position', or only jobs handling criminal investigation files?
Any job working with confidential information can qualify, not just criminal investigation files. The AG read Amendment 98's definition disjunctively: confidential information is one type of safety-se…
Does amending an old government contingent-fee lawyer contract trigger Texas's Chapter 2254 approval and fee-cap rules?
It can. Representative Terry Canales asked whether amendments to a contingent fee legal services contract that a political subdivision originally signed before September 1, 2019 must comply with the o…
If the Commonwealth's Attorney does not show up or take a position in a Virginia criminal case, can a judge enter a deferred disposition under § 19.2-298.02 anyway? Or does silence count as agreement?
No. Silence does not count. A Virginia trial judge can only enter a deferred disposition under § 19.2-298.02 if the Commonwealth's Attorney affirmatively communicates agreement. That can happen in per…
Can the public see how much sick leave or annual leave a public employee has used under Arkansas FOIA, even if the employee objects?
Yes. The AG has consistently held that leave and attendance records are personnel records that should generally be disclosed under FOIA. The public's interest in seeing whether an agency follows its l…
Are recorded promotional interviews of police candidates 'employee evaluation records' (rarely releasable) or 'personnel records' (released after a privacy balancing test) under Arkansas FOIA?
Likely personnel records, not evaluation records. The AG drew on Young v. Rice's treatment of police promotional exam materials. The custodian still has to apply the personnel-records balancing test, …
Can a city release a list of HR complaints against a named public employee under Arkansas FOIA, including allegations that turned out to be unfounded?
Yes. The AG concluded the list of complaints, allegations, and dispositions is a personnel record and the public's interest in seeing how the city handles HR complaints generally outweighs the employe…
Can a Delaware town council 'poll' its members by email and phone to decide whether to close for a holiday, instead of voting at a public meeting?
The Town of Georgetown violated FOIA. The Town Manager polled all five council members by email and phone on whether to close for Juneteenth 2021. Three said no, two said yes. The Town Manager then an…
Do Mississippi food trucks selling Mississippi-grown beef, poultry, or seafood need a transient vendor license?
Beef, poultry, and seafood produced or grown in Mississippi qualify for the agricultural-products exemption to Mississippi's Transient Vendor Law (Section 75-85-3(1)(i)), so vendors selling those prod…
Can a Mississippi university include a retention bonus in a public university president's employment contract, paid through a private foundation?
The 2021 opinion concluded that the Mississippi Board of Trustees of State Institutions of Higher Learning could include incentive payments (retention bonuses) in university president and chancellor e…
Can a Mississippi IHL Board trustee receive per diem, travel reimbursement, and tort-claims protection while serving before Senate confirmation?
The 2021 opinion concluded that newly appointed IHL Board trustees serving before Senate confirmation could legally receive per diem under § 25-3-69 and travel reimbursements under § 25-3-41(8). They …
Act 349 of 2021 set the school board candidate filing window as 'ninety days before a general election', but Arkansas holds school elections in odd-numbered years when there is no general election. How should the law be applied?
The AG concluded a literal reading would make the statute impossible to apply for November 2021 school board elections, so a strong argument exists to interpret 'ninety days before a general election'…
Once the New York Legislature passes a special law authorizing a property transfer for a fire substation, can the town change the substation's size without going back to the Legislature?
Yes. Where the special law itself does not specify the substation's size and the home rule request's size limit was not adopted by the Legislature, the town can revise the size through normal local pr…
If a Virginia taxpayer's own mistake caused a local tax overassessment (wrong filing, payment to the wrong locality, failure to file leading to a statutory assessment), and the locality later refunds the overpayment, must the locality also pay interest?
Yes. An 'erroneous assessment' under Va. Code § 58.1-3916 covers any local tax assessment containing an error, whether the underlying error was the taxpayer's or the locality's. So a Virginia locality…
After a Virginia police officer shoots someone, when does the Virginia Freedom of Information Act require the local police department to release body-worn or dashboard camera footage of the shooting?
Generally yes. The Virginia Freedom of Information Act requires local police to release body-worn and dashboard camera footage of officer-involved shootings unless a statutory exception applies (activ…
Can someone simultaneously serve on a California healthcare district board and a community college board in the same area, especially when the two have a clinical-training affiliation agreement?
There are substantial questions, the AG concluded, and granted Lancaster leave to sue Michael Rives in quo warranto. The two boards' overlapping powers (real property, eminent domain, contracts with e…
When an internal investigation is finished but no discipline has been imposed yet, can the public get the investigation file under Arkansas FOIA?
The final investigative report is an employee-evaluation record, and because no suspension or termination has happened, it cannot be released. But lumping every supporting document in the file under t…
If Arkansas adopted ABA Model Rule 8.4(g), the rule disciplining lawyers for harassment or discrimination in conduct related to the practice of law, would it violate the First Amendment or the Religious Freedom Restoration Act?
Yes to both, in the AG's view. The AG concluded that ABA Model Rule 8.4(g), if adopted in Arkansas, could infringe lawyers' rights to free speech, free exercise of religion, expressive association, an…
What counts as 'residency' to run for county attorney in Texas, intent or actually living there?
Both. The Goliad County Auditor asked whether residency to run for county attorney is based on intent or on actually living in the county. The AG explained that the Election Code defines 'residence' a…
Does Arkansas's 5% in-state bidding preference for public agencies apply only to commodity purchases, or also to construction contracts that include some materials cost?
Only to commodities. The 5% preference for Arkansas-resident firms applies when a public agency is buying 'commodities' (materials and equipment for public works) by competitive bidding. It does not a…
Does an Illinois Secretary of State employee who stole title and registration fees and vehicle sales tax payments lose her state pension?
Yes. Candace Wanzo's mail fraud, intentional misapplication, and theft convictions all grew out of her supervisory role at the Illinois Secretary of State's Department of Vehicle Services. She forfeit…
Who pays for the postage when Mississippi justice court constables have to mail copies of summons and complaints under the new service rules?
The 2021 opinion concluded that Mississippi constables (not court clerks) are responsible for mailing summons and complaints when Justice Court Rule 14(d)(2) or (d)(3) requires it. The county must pay…
Are unpaid volunteers on a Mississippi state-board advisory panel covered by the Tort Claims Act when they're acting in that role?
Yes. The 2021 opinion concluded that members of the Mississippi Anesthesia Advisory Panel, even though they are unpaid volunteers, fit within Mississippi's Tort Claims Act (MTCA) broad definition of s…
If a Mississippi town adopts misdemeanors as municipal ordinance violations, do state-assessment fees still go to the State?
The 2021 opinion concluded that even when the Town of Caledonia made specified misdemeanors violations of town ordinance, the state assessments under § 99-19-73 still had to be remitted to the State T…
Does a county attorney have a nepotism or conflict-of-interest problem if a relative's law firm contracts with the county?
Not under the facts presented, the AG said. The Harris County Attorney explained that his father-in-law owns an interest in a law firm that has contracts with the county to collect delinquent receivab…
When a Virginia town charter is silent on whether the mayor can vote, can the mayor vote on council matters?
Yes. When a Virginia town charter is silent on whether the mayor is a council member or can vote, the default in Va. Code § 15.2-1423 applies: the mayor is a member of the council and has a vote (but …
Does a Virginia pharmacist have to offer counseling when the same medication is reissued with a new date?
Yes. A subsequent prescription for the same medication, same dose, same directions, and same formulation but with a new date counts as a 'new prescription' under § 54.1-3319, and the pharmacist must o…
When a school superintendent gives the school board documents in a brown envelope she calls 'correspondence', can the school district withhold them under FOIA?
No. The AG concluded the records are either personnel records of the superintendent (releasable subject to balancing) or non-exempt public records (plainly releasable). Either way, withholding them is…
Does a Washington fire protection district have to provide fire and emergency services on a tribal reservation, and how are fees set?
Yes. Once a fire protection district draws boundaries that include reservation land, it must serve everyone and everything inside those boundaries, including tax-exempt tribal property. The district c…
In West Virginia, if my neighbor's cows keep wandering onto my property, am I supposed to build a fence to keep them out, or is the cattle owner supposed to build one to keep them in?
The cattle owner. West Virginia is a 'fence-in' state: a livestock owner who lets cattle run at large is liable for civil damages and can also face criminal misdemeanor penalties under § 19-18-3. The …
When a coal operator wants a site-specific exemption for diesel-powered equipment in an underground mine, who decides, the WV Office of Miners' Health, Safety & Training or the State Coal Mine Safety Technical Review Committee?
The Office of Miners' Health, Safety and Training (OMHST) decides. The legislature gave the Technical Review Committee and Coal Board general site-specific rulemaking authority for mine safety, but a …
Can a Texas constable-elect take office first and get a peace officer license within 270 days?
The AG laid out the framework but left the specific timing to the courts and the facts. The Navarro County District Attorney asked whether a person elected constable may take office immediately and th…
What did the Idaho Attorney General say about the 2021 ballot initiative to legalize possession of small amounts of marijuana for adults in Idaho?
The AG's Certificate of Review recognized that Idaho may set its own marijuana laws but flagged numerous legal problems in the initiative: a likely single-subject-rule violation in its restitution-sta…
Does an executive-branch advisory council have to follow Delaware open-meetings rules?
Yes. The AG ruled the Governor's Council on Agriculture (created by 29 Del. C. § 8108) and the Delaware Council on Food and Farm Policy (created by the Department Secretary) are both public bodies tha…
Do West Virginia's filing-office-hours rules in W. Va. Code § 3-5-7(c) (requiring offices to stay open until particular times on the last day candidates can file) apply to municipal elections?
No. The hours-of-operation rules in W. Va. Code § 3-5-7(c) cannot be 'applied' to municipal elections because the statute prescribes different hours for county clerks (9:00 a.m. to noon) and the Secre…
Can a Delaware agency stack four separate FOIA exemptions to refuse my request for records about a private developer's traffic study?
Partially. The AG ruled DelDOT violated FOIA by failing to back its attorney-client privilege, work-product, and pending-litigation claims with an affidavit, but the working-draft exemption did shield…
Can a Tennessee municipal airport authority ban a tenant from selling fuel to other aircraft on its airport?
Generally yes, but with important caveats. A Tennessee municipal airport authority operating a federally obligated airport has statutory authority under Tenn. Code Ann. § 42-3-108(a) and the powers gr…
Can a former Cabot police officer block release of records related to his decertification by claiming the requester wants to slander him?
No. The records are subject to release under FOIA, and the requester's motive is irrelevant. A subject's belief that the records will be misused is not a legal basis to deny disclosure.
If a tenant misses several months of rent, can a Minnesota landlord (including a housing authority) charge a new 8% late fee each month based on the cumulative total of unpaid rent, and does the landlord have to recalculate the late fees down if the tenant later makes a partial payment?
No to cumulative; no to recalculation. The 8% cap in Minn. Stat. § 504B.177(a) is applied once to each rent payment when that payment first becomes overdue, not monthly against a growing past-due bala…
Does Sussex County violate FOIA when its Industrial Revenue Bond Committee posts hearing notices physically on the Administration Building without strong electronic notice?
No. The Delaware AG ruled Sussex County did not violate FOIA by physically posting notice and agenda for its March 17, 2021 Industrial Revenue Bond Committee hearing on a Seaford gas facility. FOIA ex…
Does a Mississippi county have to pay constables the $2,500 "state fail fee," and how does the board of supervisors decide whether each constable earned it?
The 2021 opinion explained how Mississippi boards of supervisors handle the constable's $2,500 annual "state fail fee" under Section 25-7-27(1)(f). A constable earns the fee only if they served (or di…
Can a Mississippi urban renewal authority loan state-appropriated funds (like Gulf Coast Restoration Fund money) to a private developer for an urban renewal project?
Yes. The 2021 opinion concluded that under Section 43-35-15(e) read with (f), a Mississippi urban renewal authority can loan state-appropriated money, including Gulf Coast Restoration Fund (GCRF) doll…
What records about part-time city employees can be released under Arkansas FOIA, including applications, contracts, and payroll records?
Most of them. Applications for employment, contracts for employment, and payroll records are personnel records that the public can see under FOIA. Tax withholdings, payroll deductions, and personal fi…
Can a Mississippi school district spend public money to fix up school property and then give that property to a nonprofit?
No. The 2021 opinion concluded that a Mississippi school district cannot use public funds to improve school district property if the purpose of those improvements is to ultimately convey the property …
In Florida, can a non-voting mayor (who has veto power, presides over meetings, and joins debate) privately meet one-on-one with another councilmember to talk about an upcoming agenda item?
No. The Government in the Sunshine Law applies. Although the Mayor of Belle Isle does not vote on Council action, the Mayor's veto power, presiding role, and right to participate in deliberations make…
Can a Delaware agency charge me $1,855 to maybe see vendor audits and warn that records may turn out to be exempt anyway?
Yes, the estimate was lawful. The Delaware AG ruled that DHSS did not violate FOIA when it provided an itemized $1,855.74 cost estimate for Connections vendor audits and reports. But the AG strongly c…
If a Mississippi statute has been ruled unconstitutional, must justice court clerks still accept criminal affidavits citing that statute?
Yes. The 2021 opinion concluded that justice court clerks must accept and record every criminal affidavit submitted by a complainant, including affidavits citing the cyberstalking statute (Section 97-…
When a Mississippi subdivision plat dedicates roads "to public use" and the city approves it, are those roads public even if the city never formally accepted them?
Yes. The 2021 opinion concluded that under Section 21-19-63, when a Mississippi municipality approves a subdivision plat showing roads dedicated to public use and the plat is filed with the chancery c…
Can a Mississippi economic development district amend its industrial-use covenants to allow a hospital to convert a business park building into medical offices?
The 2021 opinion concluded that the Simpson County Economic Development District could amend its restrictive covenants to remove the industrial/warehouse-only restriction for property already sold by …
Can a Mississippi airport authority pay a site location consultant a percentage-based fee tied to lease payments from tenants the consultant brings in?
Yes. The 2021 opinion concluded that the Gulfport-Biloxi Regional Airport Authority could pay a site location/development firm a fee equal to a fixed percentage of lease payments the Authority receive…
Must a Tennessee general sessions court clerk report every judicial waiver of litigation tax to the Department of Revenue?
Yes. § 67-4-605(c) requires every Tennessee court clerk, including general sessions court clerks, to report a judge's suspension, waiver, or release of any privilege tax on litigation to the Departmen…
Can a Mississippi licensing board expunge (erase) records of past discipline against a licensee?
No. The 2021 opinion concluded the Mississippi Board of Pharmacy has no authority to expunge prior disciplinary actions. Public boards have only the powers expressly granted by statute or arising by n…
Can a Mississippi city alderman use a police radio to monitor police traffic without violating separation of powers?
The 2021 opinion concluded that mere possession of a city-owned police radio by a Cleveland alderman did not violate Mississippi's separation of powers doctrine. The alderman could monitor radio traff…
Can the City of Rogers release employee salary, hire date, position title, and name records under Arkansas FOIA?
Yes. Salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information (address, DOB, phone, SSN) must be redacte…
Can a Texas constable who also works as a deputy sheriff be paid overtime, including from a federal Justice Assistance Grant?
Partly yes, and partly not the AG's call. The Dimmit County Auditor asked whether an elected constable who has worked as a sheriff's deputy for two years can receive a deputy's sick leave and vacation…
Can a Texas city impose tougher zoning or permit rules on open-enrollment charter schools than on other public schools?
Generally no, the AG said. Senator Larry Taylor asked about a City of Dallas ordinance that let traditional public schools build in an agricultural district after a lighter residential-adjacency revie…
What did the Idaho Attorney General say about the 2021 ballot initiative that would have raised Idaho's minimum wage to $14 per hour?
The AG's Certificate of Review concluded the initiative wasn't preempted by federal law (the FLSA's savings clause lets states set higher minimum wages) and that letting cities and counties set their …
What did the Idaho Attorney General say about the 2021 'Quality Education Act' ballot initiative that would have raised income taxes on high earners and corporations to fund K-12 schools?
The AG's Certificate of Review concluded the initiative was legally permissible. It would replace 2021's tax cuts (Idaho Code section 63-3024) with a higher individual rate on income above $250,000 an…
What did the Idaho Attorney General say about the 2021 referendum that would have let voters reject Senate Bill 1110, the legislation that made it harder to qualify ballot initiatives by requiring signatures from every legislative district?
The AG's Certificate of Review confirmed that S.B. 1110 (which raised the geographic signature requirement to all 35 legislative districts) was a proper subject of referendum, and noted that S.B. 1110…
Can ten Sherwood city employees keep their names out of a FOIA release of salary, hire date, position title, and employee name data?
No. Their names are part of the personnel record subject to release under Arkansas FOIA. Sensitive personal information (address, DOB, phone, SSN) is redacted, but the employees' names go with the sal…
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