State AG Opinions
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After California county redistricting, who does my county supervisor represent until the next election, the old district or the new one?
For election purposes, the supervisorial district boundaries do not change until the next regularly scheduled election for that seat. Until then, a sitting supervisor remains electorally accountable…
Does a Delaware General Assembly committee have to provide an in-person 'anchor location' for a virtual hearing, and can a witness file a FOIA petition if she gets cut off after testifying?
Mostly outside FOIA scope. The Senate Elections and Government Affairs Committee held a fully virtual meeting on June 15, 2022. Janice Lorrah's three claims (no anchor location, voting outside…
Can the West Virginia Economic Development Authority issue Broadband Loan Insurance Program coverage to a borrower who already has the loan in place (and is using the new insurance to swap out cash collateral), and is the lender's 'but-for' creditworthiness certification valid in that scenario?
Yes, on both counts. Re-collateralizing a pre-existing loan, swapping cash collateral for BLINS-program loan insurance, fits within the broad statutory definition of an insurable 'debt instrument'…
Could a South Carolina county set business license tax rates based on where a business is domiciled?
Possibly. The Attorney General said the county tax statute neither expressly allowed nor barred a domicile-based rate classification. A court could uphold one if it had a rational basis, reasonably…
Can a South Carolina school district expand a construction contract without a new competitive bid?
Usually no under a school district code that mirrored the state rule: change orders could not alter the project’s general scope or exceed its approved budget. The opinion identified a limited…
Could a South Carolina town council member also serve as the town fire chief?
The Attorney General said the constitutional dual-office ban did not bar a council member from serving as chief of a volunteer fire department. But a separate statute barred a council member from…
Can an online-only news site publish official legal notices in Arkansas?
Generally no. Online-only news outlets cannot publish statutorily required legal notices in Arkansas because the legal-newspaper statute requires a printed publication with a second-class mailing…
Did Woodruff County have a qualifying newspaper for statutory notices after its last printed newspaper ceased circulation?
On the facts supplied in 2022, Woodruff County had neither a newspaper of general circulation nor a legal newspaper. The opinion quotes posting alternatives in § 14-14-104(b) and § 16-3-101. For…
What can an Arkansas county do to publish legal notices when its only remaining newspaper is online or barely circulated?
Whether a publication qualifies as a 'newspaper of general circulation' is a fact question Arkansas courts decide using the Williamson v. Nixon test (substance of content, not size). The AG could…
Can a contractor with claims pending before the DelDOT Claims Committee use FOIA to gather DelDOT's TIFIA loan records, or is that pending litigation under FOIA?
DelDOT did not violate FOIA. The contractor's claim review process under DelDOT contract Section 105.15 (claim filed, response, hearing before a five-member Claims Committee with evidence and a…
Can a Mississippi code-charter mayor access city employee personnel records?
A code-charter mayor may access city employee personnel records under Section 21-3-15. The clerk must provide full access to information necessary for the mayor's municipal duties. Records may be…
Can a Mississippi city declare an active refuse transfer station surplus and sell it for industrial use?
Only if it's actually surplus. Section 57-7-1 lets cities sell or lease land that's no longer needed for governmental purposes for industrial or commercial use. The city must first determine that…
Did the South Carolina AG decide whether Horry County’s child-oriented-business ordinance was constitutional?
No. After the Legislature enacted a state law with similar restrictions on certain sex offenders working in child-oriented businesses, the Attorney General recommended following that law. It treated…
What can a Delaware municipality charge for FOIA fees, and does it have to post meeting agendas online?
Mixed result. The Town of Blades violated FOIA on the records side: it charged a $50 'Additional Labor Fee' plus attorney research fees on a denied request without first sending an itemized written…
If a North Dakota board posts notice of a phone meeting on its Facebook page and website, is that enough?
No. Posting only to Facebook and the board website misses the legal requirements: notice must also go to the principal office, the official newspaper for special meetings, and the notice must…
Did a privately sponsored South Carolina charter school have to follow public-fund investment limits?
Yes. The Attorney General predicted that charter schools were political subdivisions for public-fund investment limits even when sponsored by an independent college and organized as nonprofits. The…
Could a joint bank account holder face theft charges for taking money from the account?
Yes, potentially. The Attorney General said permission from a bank to withdraw joint-account money did not establish ownership. A joint holder who knowingly took funds they did not own could face…
Was a no-purchase real estate giveaway lawful under South Carolina lottery law and RESPA?
The Attorney General did not approve the proposed giveaway. It explained that a lottery requires prize, chance, and consideration, which may be indirect, and said the specific contest’s facts were…
I have an old approved Virginia subdivision plat that expired in 2020. Is it dead, and can my county bring it back to life?
Subdivision plats in Northampton County that were valid under § 15.2-2261 as of January 1, 2009, and that did not separately set a validity period, became invalid on July 1, 2020 under § 15.2-2209.1…
Can a Virginia Board of Zoning Appeals ignore the procedural rules in the local zoning ordinance, or tell only some applicants about a reconsideration option?
A local Board of Zoning Appeals (BZA) is a creature of statute with only those powers expressly granted. It cannot deviate from the procedural rules in the local zoning ordinance or hear matters the…
Can a Los Angeles council member who has already served three full terms be appointed to fill a temporary vacancy created when an indicted incumbent is suspended?
Substantial questions of law exist about whether the appointment is valid, so the AG granted leave to sue in quo warranto. The dispute hinges on whether Charter section 409 (which requires…
Did South Carolina’s 2022 paid parental leave law cover births or placements before October 1?
No. The Attorney General said Act 149 of 2022 operated prospectively. For an eligible state employee to receive leave under that enactment, the qualifying birth, adoption, or foster placement had to…
Does former Illinois state representative Luis Arroyo lose his pension after his federal wire fraud conviction tied to sweepstakes legislation bribery?
Yes. Arroyo's wire fraud conviction grew directly out of his role as a state representative. He took $32,500 in bribes funneled through his consulting company, Spartacus, in exchange for advancing…
Can a Nevada County supervisor also manage the Truckee Tahoe Airport District when the county operates its own airport?
No. A Nevada County supervisor may not concurrently serve as general manager of the Truckee Tahoe Airport District. The AG found these particular offices incompatible under Government Code section…
Can a California county supervisor be appointed to a vacancy if they only moved into the district four days before the appointment, and their family stays in the home they came from?
Substantial questions of law and fact exist about whether David Brown satisfied Alameda County's residency requirements when he was appointed to the District 3 supervisor seat after living in the…
When a sanitary district board has too few members to function and nobody wants the open seat, what must the county board of supervisors do?
Keep trying. The AG concluded that A.R.S. § 48-2010(F)'s requirement that the county board of supervisors 'shall' fill the vacancy is mandatory, but if no qualified elector is willing to serve, the…
Could Greenville County withhold building plans submitted for permits under South Carolina FOIA?
Possibly for particular trade-secret material, depending on the document and its confidentiality. The Attorney General found no blanket exemption for signed construction plans and no rule allowing…
Can Maine's Department of Health and Human Services hand confidential child welfare records straight to the Government Oversight Committee, or does the law route those records through a different office?
Direct release to the GOC is not authorized. AG Frey concluded that Maine's confidentiality framework routes confidential child welfare records to OPEGA, the GOC's investigative arm, not to the GOC…
How does a Mississippi special-charter city change to code-charter form of government?
By special election. The Council can adopt a resolution calling a special election under Section 23-15-859 (or follow the special charter's specific provisions, if it has them) to put the question…
Can a Virginia sheriff use civilian employees or private process servers to serve civil court papers, instead of sworn deputies? What training is required, and what's the sheriff's liability if something goes wrong?
Yes. A Virginia sheriff may use a civilian employee (18 or older, not a party to the case) or contract with a private process server to serve civil process, except where statute specifically…
Can a Virginia county Community Development Authority finance and build a retaining wall as part of its infrastructure project?
Yes. A Community Development Authority (CDA) created under §§ 15.2-5152 to 15.2-5157 may finance, fund, plan, establish, acquire, construct, reconstruct, enlarge, extend, equip, operate, and…
Could a South Carolina probate court choose an independent physician examiner in a guardianship case?
Yes. The Attorney General said the probate court could independently select a physician examiner, subject to a duty to choose a neutral and objective one. It said the examiner need not be the…
Can Arkansas State Police release a former employee’s termination letter in response to a FOIA request?
The AG said the proposed redacted release of this ASP termination letter was likely consistent with FOIA. The first three conditions for releasing an employee-evaluation record appeared met, and the…
Does the Lone Star Infrastructure Protection Act stop a Texas utility from serving a factory owned by a Chinese company?
Not by itself. The Lone Star Infrastructure Protection Act bars Texas businesses and government entities from signing agreements that give certain foreign-owned companies (those tied to China, Iran,…
In Texas, can an engineer certify a county subdivision plat, or must a registered land surveyor do it?
Both have to sign off on their own parts. Local Government Code section 232.023(b)(1) says a county subdivision plat must 'be certified by a surveyor or engineer registered to practice in this…
Can Texas force a county probation department to refund its locally collected fees to the state at the end of the biennium?
No. County community supervision and corrections departments (the probation departments that serve the courts) are funded two ways: locally generated fees they collect, and 'state aid' the…
Can a Texas county commissioner also work as the general manager of a water authority?
Yes, on the facts presented. The Nueces County Attorney asked whether the common-law incompatibility doctrine or conflict-of-interest laws stop a county commissioner from also serving as general…
Did South Carolina’s State Board of Canvassers have to recheck a winner’s qualifications?
The Attorney General predicted that the Board of Canvassers did not have to review a winning candidate’s qualifications on its own when declaring who was duly elected. Election protests and court…
Can a Mississippi municipal court establish a veterans misdemeanor treatment court?
No. Section 9-25-1 grants circuit court judges, and only circuit court judges, the authority to establish Veterans Treatment Court programs. The court can be standalone or a component of an existing…
If four members of a thirteen-member city council meet at a councilmember's house, is that a 'meeting' under Delaware's open-meetings law?
The petition did not establish a prima facie case that Wilmington City Council met privately in violation of FOIA. A quorum of the full Council is seven, while the specific evidence concerned…
Can Washington's Commission on Judicial Conduct adopt a rule letting it ask the state Supreme Court to temporarily suspend a judge who's been charged with a felony or has a serious disability, before completing the full disciplinary process?
Probably not. AGO 2022 No. 4 says the Commission on Judicial Conduct most likely lacks authority to make a rule allowing it to recommend interim suspension before completing the article IV, section…
Could a South Carolina county create a new tourism nonprofit despite an eligible existing bureau?
No, under the opinion’s reading of the statute. A city or county had to determine whether an eligible existing tourism-promotion organization was available before creating a new one to manage the…
Did each South Carolina school trustee need an individual surety bond to oversee gifted property?
The Attorney General predicted that one bond covering the school board as a body could satisfy the statute before trustees took control of property given to the district. A general liability policy…
Can a Delaware city charge a journalist a $45-per-hour fee to find ten years of grant records?
Yes, after correction. The AG ruled the City of Wilmington did not violate FOIA on its 10-year contract/grant request once it corrected its initial $45 hourly rate to $22.45, the rate of the…
If a city council settled a Voting Rights Act case and the settlement said members get 2-year terms, but the city later relied on its 4-year-term ordinance and skipped the next election, can voters force a court to decide whether those members have lawfully stayed in office?
Substantial questions of law and fact exist about whether Mission Viejo councilmembers Ed Sachs, Wendy Bucknum, and Greg Raths lawfully held office past December 2020. The city's 2018 stipulated…
Can a city councilmember bring their personal staff into a Brown Act closed session, or share what was discussed there with that staff afterward?
1) No. As a general rule, a councilmember's individual legislative aides cannot attend Brown Act closed sessions. They can attend only if they have an official role (assigned by statute) or an…
Can investment managers for Kentucky public pensions use ESG or stakeholder-capitalism strategies under their fiduciary duties?
No, in the Attorney General's view. The opinion concluded that 'stakeholder capitalism' and 'environmental, social, and governance' (ESG) investment practices, which bring mixed motives into…
Can a Mississippi school district treat an online shopping cart printout as a competitive bid for purchases between $5,000 and $50,000?
No. Section 31-7-13(b) requires competitive written bids on the buying agency's bid form or vendor's letterhead/identifiable bid form, signed by authorized vendor personnel. A printed online…
Can a school board's letter recommending the superintendent's termination be withheld from a FOIA request as an unresolved personnel matter?
Yes, while it remains pending. The Sheridan School Board's letter recommending the superintendent's termination is an 'employee evaluation or job performance record' under Arkansas FOIA. Until there…
If someone has a residential-burglary conviction from before 2015 and a new violent-felony conviction after April 1, 2015, are they parole-ineligible in Arkansas?
Yes. An offender with a pre-2015 residential-burglary conviction who commits another violent-felony offense on or after April 1, 2015, is not eligible for parole under Ark. Code Ann. § 16-93-609.…
In Washington, when does a building plan have to be stamped by an architect, when can an engineer stamp it, and who decides?
There is no bright-line rule. AGO 2022 No. 3 says Washington law lets engineers stamp design documents that draw on engineering education and the mathematical and physical sciences, and lets…
Can an Arkansas volunteer fire department raise its dues collected on property tax bills without going back to voters?
Yes, in most cases. If the ballot voters approved did not list a specific rate, a volunteer fire department organized as a private, nonprofit corporation can raise its dues without going back to the…
Can a California school district use bond sale premium to pay underwriter fees or bond issuance costs instead of putting it in the debt service fund?
No. All premium from a school general obligation bond sale must go into the district's interest and sinking fund. Diverting premium to pay underwriter discount, issuance costs, or interest on prior…
If a North Dakota board calls a special meeting, does it have to say on the notice that an executive session will happen?
Yes. If a special meeting will include an executive session, the notice must specifically list it and describe the general subject matter. Posting only the open-meeting topic and then going into a…
If a North Dakota licensing board discussed me in executive session, can I get a copy of that recording?
The Board properly denied both requests for this recording. The protection covered its discussion of confidential records, and the subject could not waive that protection. The opinion lists limited…
Was the Rivian Automotive megasite in Georgia exempt from local county zoning ordinances because it was leased on land owned by the State?
Yes. On the proposed facts, the AG concluded that the State, as owner of the Rivian project site, and Rivian, as its developer and operator, would be exempt from local zoning ordinances. Footnote 6…
If Bristol adds apartments to The Falls retail development, will it lose the special state sales tax revenues it gets from the development?
No. Adding residential units within The Falls will not prevent Bristol from continuing to receive the sales tax revenues authorized by Va. Code § 58.1-608.3(C). The 'notwithstanding' clause in…
Can a Texas school district keep a child's medical or health information from the parents under Title IX?
No. Representative Briscoe Cain asked whether a school district may withhold medical or health information about a minor from the child's parent or legal guardian, after parents and teachers…
Can a Delaware city redact the resumes of people nominated to volunteer boards under FOIA?
Mostly no. The AG ruled the City of Newark failed to justify heavy redactions on volunteer board nominees' resumes; volunteer board members are more like candidates for public office than job…
Can a Delaware school board discuss substitute teacher pay rates in executive session under the personnel exception?
No. The Sussex County Vo-Tech Board violated FOIA when it discussed raising substitute compensation (Class A from $116 to $179, Class B from $99 to $143, Class C from $74 to $113 per day) in…
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Two states are not listed and are not pending: New Hampshire publishes its opinions on a page that automated retrieval cannot read, and Rhode Island publishes no complete full-text archive at all. We will add them if that changes.