State AG Opinions
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How much does a Mississippi constable get paid for serving as a bailiff if he covers both civil and criminal court the same day?
The AG concluded that a Mississippi constable serving as bailiff was paid $55 for each day or part of a day, separately for civil and criminal court. A constable who served in both civil and criminal …
Can a Mississippi sheriff put his own son on as a volunteer deputy without violating the state nepotism law?
The AG concluded that the Mississippi nepotism statute did not bar a sheriff's son from serving as an unpaid auxiliary deputy or using county-issued equipment, but it did bar the Sheriff's Department …
Can a Mississippi county issue refunding bonds to refinance a hospital construction loan and pledge full faith and credit to pay it off?
The AG concluded that George County could issue refunding bonds under Sections 31-27-1 et seq. to refinance its outstanding hospital general-obligation debt, and that Section 31-15-11 required an annu…
Can a Mississippi municipal employee drive a city vehicle home outside the city or county boundaries?
Yes for official-duty travel. The AG concluded a Mississippi municipality may authorize an employee to take a city vehicle home outside corporate or county limits if the governing authorities determin…
Does a Mississippi county have to reimburse the tax collector for unpaid travel expenses from prior years?
Reimbursement of mandatory-training travel is required, but late claims for prior years can only be paid from the current fiscal year budget if there is an allocation for them, since under § 19-11-25 …
Can a Mississippi regional mental health commission refinance through the state development bank or hospital authority?
No. The AG concluded that under Miss. Code Ann. § 41-19-33(1)(l), a Mississippi regional mental health commission may borrow money only from private lending institutions. The Hinds County Mental Healt…
Can a Mississippi county exempt a production facility at the same address as a free-port warehouse from ad valorem taxes?
Yes, with conditions. The AG concluded that under the 2018 amendments to Miss. Code Ann. § 27-31-53(d), a production or processing facility at the same physical address as a licensed free port warehou…
Who is supposed to set up the audiovisual gear when a Mississippi justice court does an initial appearance by webcam, the judge or the county?
The county. The AG concluded that under Miss. Code Ann. § 19-7-23 and Article 14 Section 261 of the Mississippi Constitution, the Board of Supervisors is responsible for providing all equipment necess…
Can a Mississippi county pay an attorney to defend its tax assessor in an election contest appeal?
Yes, with a condition. The AG concluded that under Miss. Code Ann. § 19-3-47(1)(b), the Humphreys County Board of Supervisors could hire and pay private counsel from county funds for the current Tax A…
Can a Mississippi town tear down a dilapidated building even when the owner is still living in it?
Yes, if the town gives proper notice and a hearing under Miss. Code Ann. § 21-19-11, finds the building a menace to public health and safety, and records its findings on the official minutes. Owner oc…
Can Arkansas DFA force you to hand over your expired Arkansas driver's license when you renew it?
No. AG Rutledge concluded that Ark. Code Ann. § 27-16-602(b)(1) is not a legal basis for requiring an Arkansas driver to surrender an expired Arkansas license. The statute only requires surrender of v…
Did the Arkansas AG approve the seven-city interlocal agreement creating the Northwest Arkansas Razorback Greenway Alliance?
Yes. AG Rutledge approved the Greenway interlocal agreement among Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista. She found it met the Interlocal Cooperation Act's req…
Could a Texas county or city, under a COVID disaster order, stop a second-home owner from occupying their property or limit short-term rentals?
Largely no, the AG concluded. A House committee chair asked whether a local government under an emergency declaration could prevent a second-home owner from occupying the property or limit occupancy b…
Can a Texas appraisal review board make you protest your property taxes by videoconference instead of in person during COVID?
No, the AG concluded. A state representative asked whether appraisal review boards could shift property-tax protest hearings to videoconference during COVID-19, and about related notice rules. The AG …
Can a Texas county judge regulate pawnshop fees, hold periods, or customer limits through a COVID disaster order?
Mostly no, the AG concluded. A House committee chair asked whether the Dallas County Judge could issue emergency orders regulating pawnshops, after a county order changed pawn service fees, set a long…
Can Minnesota stop a candidate from helping a voter who needs assistance, and can it cap the number of voters one person can help in a single election?
No to both. The AG concluded in 2020 that Section 208 of the federal Voting Rights Act overrides Minnesota's restrictions in Minn. Stat. § 204C.15, subd. 1 that barred candidates from helping voters a…
During COVID, could a Texas gun dealer accept a driver's license whose expiration date was extended by the Governor's order?
The AG gave limited guidance and deferred to the ATF. A state representative asked how the Governor's COVID-19 extension of expired Texas driver's licenses affects firearms dealers, because the federa…
Can a Texas county or city seize private property during a locally declared disaster?
No, the AG concluded. The Hood County Attorney asked whether Government Code section 418.108 lets local governments commandeer private property when operating under a local disaster declaration. The A…
Can a Texas county sheriff donate asset-forfeiture money to a nonprofit that helps provide mental health and victim services?
Likely yes, the AG concluded, with conditions. The Schleicher County Attorney asked whether the sheriff could donate forfeiture funds under Code of Criminal Procedure article 59.06 to a nonprofit that…
Does the 2019 windstorm-insurance law apply to TWIA's earlier reinsurance, and can its board act with vacancies?
The AG answered the legal questions and declined the factual ones. A state senator asked several questions about whether the Texas Windstorm Insurance Association complied with recent laws. The AG exp…
During COVID, could the Virginia General Assembly hold its own sessions by Zoom?
Yes. Items 4-0.01 of HB 29 and HB 30, the 2020 budget bills, override VFOIA's normal ban on legislative electronic meetings and permit the General Assembly to meet electronically during a declared eme…
Can a city withhold the entire personnel files of terminated employees who failed drug tests, citing privacy and lack of compelling public interest?
Inconclusive. AG Rutledge could not opine without seeing specific records, but flagged that the custodian had classified the files as personnel records yet applied the test (compelling public interest…
Does a Florida municipality have to file a separate document in the county records to enforce its statutory lien for unpaid water or other utility bills against a new property owner?
No filing is required. The Attorney General concluded that the lien created by section 159.17 and section 695.01(3), Florida Statutes, attaches without recording in the county records, and that the fi…
Can a Florida city run a temporary pilot program allowing some vacation rentals, then snap back to its pre-2011 total ban once the pilot ends?
No on the snap-back. The AG read § 509.032(7)(b) as preempting any post-2011 city regulation of vacation-rental duration or frequency; a sunset clause that would restore an earlier ban would itself be…
Can a Florida city require official military documentation of hours served before paying its employees for the up-to-240 hours of paid military leave under state law?
Yes. The Attorney General concluded that the City of Miami Beach may require its officers and employees to provide documentation of the hours they spent on military or National Guard duty for purposes…
Is the West Virginia Housing Development Fund the only entity allowed to act as the federally contracted administrator of Section 8 project-based housing vouchers in West Virginia?
The AG concluded the Fund was the only West Virginia entity with statewide statutory authority to operate as a public housing authority and therefore the only one eligible to be HUD's Performance Base…
Can a Little Rock job applicant block release of his application under Arkansas FOIA by objecting on privacy grounds?
Yes. AG Rutledge held the custodian's decision to release the Public Works job application (with redactions) was consistent with FOIA. She incorporated the full analysis from her companion opinion 202…
Does a Texas constable automatically resign by telling people privately he's running for sheriff and collecting petition signatures?
Likely not, the AG concluded. A district attorney asked whether the constitutional resign-to-run rule (article XVI, section 65) made a Kenedy County constable automatically resign after he told people…
Can a Texas commissioners court hold one public-comment period for the whole agenda and limit how long each speaker talks?
Yes to both, the AG concluded. The Blanco County Attorney asked how Government Code section 551.007, which requires certain governmental bodies to allow public comment on agenda items at open meetings…
Does a Washington school district have to put construction management or related design-phase services out for competitive bid if it routes the contract through an educational service district?
Yes, once the project's estimated cost reaches $100,000. The AG concluded that construction management, value engineering, constructability review, and building commissioning all qualify as 'other wor…
Does Arkansas FOIA allow release of a city employee's job application after personal information is redacted?
Yes. AG Rutledge concluded the City of Little Rock's decision to release the Public Works job application, after redacting sensitive personal information, was generally consistent with FOIA. The recor…
When does a hospital have to file an 805 report after revoking or restricting a physician's privileges?
Within 15 days after the peer review body's decision becomes final, which is generally after the licentiate's appeal to the peer review body has been completed. Section 805.01 cases involving particul…
Does media coverage of an alleged 'abusive workplace' at Pulaski County Election Commission create a compelling public interest in disclosing the underlying employee complaints under Arkansas FOIA?
Indirectly answered. The AG explained that the compelling-public-interest analysis only matters if the records are evaluation records and there has already been a suspension or termination. Where ther…
Are county advisory boards in Arkansas governing bodies subject to FOIA open meetings, and does an uncodified ordinance survive?
Two main answers. (1) Section 14-14-705 distinguishes county advisory boards (no power to administer programs or set policy) from county administrative boards (which may exercise administrative powers…
When did laws passed in Kentucky's 2020 legislative session take effect?
July 15, 2020. The Attorney General concluded that, under Section 55 of the Kentucky Constitution, most legislation passed in the 2020 Regular Session took effect on Wednesday, July 15, 2020, ninety f…
Does Illinois law prevent county coroners from collecting, transporting, or storing bodies during a declared public health emergency like COVID-19?
No. The AG concluded in 2020 that nothing in division 3-3 of the Counties Code blocked coroners from helping with mass-fatality response during a declared disaster. The Emergency Management Act and th…
If one child in a South Dakota family already attends a neighboring (nonresident) school district under open enrollment, must the nonresident district also accept a sibling who needs special education services it cannot provide, just to keep the family in one district?
No. AG Ravnsborg ruled that SDCL 13-28-44 lets a nonresident district deny an open enrollment application for a child who needs special education services the district cannot provide, even when a sibl…
Can a Texas business claim the disaster property tax exemption for COVID-19 economic losses if its property wasn't physically damaged?
No, the AG concluded. Section 11.35 of the Tax Code gives a temporary property tax exemption for property at least 15 percent 'damaged by the disaster' declared by the Governor. The Chair of the Senat…
Should fingerprinting be required for the new high-and-aggravated misdemeanor in Georgia's medical low-THC oil program?
Yes for § 16-12-225(b), the misdemeanor of high and aggravated nature for gross, willful, or wanton negligence by acts or omissions that contribute to or cause endangerment of patients, trafficking of…
Who sets a Texas district court coordinator's salary, the judge or the county commissioners court?
Both have to agree, the AG concluded. Government Code section 74.104 says district judges determine reasonable compensation for their court coordinators, subject to the commissioners court's approval.…
If a Delaware agency finally answers my FOIA request only after I file a complaint about its delay, can the AG still find a violation?
No. The AG ruled Jeffrey Clouser's FOIA petition against the Delaware State Police was moot because DSP issued its denial on the same day the petition was filed. The AG also reminded petitioners that …
If a Delaware police agency doesn't keep aggregate ballistics statistics, can a journalist FOIA that count?
No. The AG concluded the Delaware State Police did not violate FOIA when it refused to produce five years of bullet and casing counts, because counsel represented no such compiled record existed and F…
If a Delaware agency typed my email address wrong and never delivered its FOIA response on time, did it violate FOIA?
No. The AG ruled New Castle County did not violate FOIA when its response email to Julie Nay bounced because the County mistyped her address. Once the County re-sent the records, the AG found no viola…
Can a Kentucky governor undo a board appointment after the Senate confirms it, by declaring the order void?
No. The Attorney General concluded that Executive Order 2020-178, which purported to rescind the appointments of Fish and Wildlife Commissioners Karl Clinard and Paul Horn, was void and without legal …
Can an Arkansas judge deny a defendant a state-paid mental examination just because the defendant has retained private counsel?
Mostly no. AG Rutledge concluded an Arkansas trial court may not consider a defendant's lack of indigency or retention of private counsel when deciding whether to order a first mental examination unde…
If a Delaware agency tells me a record I asked for doesn't exist, can the AG order them to produce it anyway?
No. The AG ruled the Delaware State Police did not violate FOIA when it told Scott Becker the requested 2019 firearms-transaction annual report did not exist. The AG accepted counsel's representation …
When the only firefighter eligible for promotion to fire chief turns down the job, how does the city fill the vacancy?
The AG concluded that under W. Va. Code §§ 8-15-20 and 8-15-22, if no eligible promotion candidate accepts the chief job, the Civil Service Commission must run a new competitive chief exam open to any…
Can the Texas Optometry Board still regulate an optometrist who works under a physician's direction?
Yes, in most respects, the AG concluded. Occupations Code section 351.005(a)(2)(B) keeps the Optometry Board from interfering with a physician's right to direct a person under the physician's control …
Can a Delaware agency tell me 'no' on a FOIA request because the report I want hasn't been written yet?
Yes. The AG ruled DNREC did not violate FOIA by responding that the requested site-safety report did not yet exist. Delaware FOIA does not require a public body to provide a record that does not exist…
Can a Texas city or county shut down gun stores under a local disaster or emergency order?
No, the AG concluded. As COVID-19 spread in March 2020, some Texas cities and counties declared local disasters and issued orders closing non-essential businesses, and some of those orders did not lis…
Can a church use its handbook to ban concealed carry, or does it have to put up signs at the door?
Mostly yes, with conditions. Notice in a church handbook satisfies Ark. Code Ann. § 5-73-306(19) only if the enhanced concealed-carry license holder in fact received the notice. Verbal notice is also …
Does Act 1077 of 2019 apply retroactively to fire protection district petitions, and does the new procedure violate Arkansas constitutional limits on quorum-court authority?
Question by question. (1) No, Act 1077 doesn't apply retroactively to petitions filed before April 24, 2019. (2) No, the procedure does not usurp quorum-court tax authority because the assessments are…
Are DHS DDS Policies 1089A and 1089B valid 'rules' under the Arkansas APA, and how does DDS decide whether a county is 'underserved' for developmental disability services?
Multiple holdings. (1) DDS Policies 1089A and 1089B are 'rules' under the Arkansas APA. Their validity depends on substantial compliance with the APA's filing procedures, which is a fact question. (2)…
Can a Kentucky governor suspend election laws during a state of emergency, or only move the election date?
Only what the statute allows. The Attorney General concluded that during a declared emergency the Governor's election authority is not limited to merely moving the election date but does not extend to…
During an emergency, can the Arizona Secretary of State require all candidate petitions to be filed by mail and refuse in-person filing?
No. Arizona law (A.R.S. § 38-401) requires state offices to remain open for statutory business 8-5, M-F. Candidate filings are statutory business that need a contemporaneous receipt under § 41-124. Ma…
Can Virginia public bodies meet entirely by video or phone during a COVID-19 emergency without breaking the state's open-meetings law?
Virginia public bodies may meet electronically during the COVID-19 state of emergency, but only for meetings whose purpose is to address the emergency, including urgent decisions that would cause irre…
During the COVID-19 emergency, can a Florida county or city commission hold its public meetings entirely by video or phone, or does someone have to be physically in the room?
Under existing law in March 2020, the AG concluded that local government bodies could conduct meetings by teleconference or other technological means only if (1) a statute specifically allowed members…
During COVID-19, did a Kentucky public agency still have to provide a physical location for people to attend a video-teleconference meeting?
Not during the COVID-19 emergency. The Attorney General concluded that under KRS 61.840's 'insofar as is feasible' clause, the public health emergency made it not feasible to require a public agency t…
Can the West Virginia Secretary of State use emergency rulemaking to change election procedures during a public-health crisis like COVID-19?
The AG concluded that the Governor's March 2020 disaster declaration triggered W. Va. Code § 3-1A-6(e), giving the Secretary of State broad emergency rulemaking power to expand voter access, like read…
Can a California city or county housing authority operate outside its own city or county boundaries?
Generally, no. California housing authorities have geographically defined areas of operation under the Housing Authorities Law and cannot operate statewide. They cannot delegate that broader authority…
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