State AG Opinions
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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…
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…
Was Berkeley County’s proposed noise ordinance too vague to satisfy due process?
In 2021, the South Carolina AG expected a court to find the proposed noise ordinance facially constitutional against a vagueness challenge because its enforcement factors supplied an objective…
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…
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…
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…
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…
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 opinion found no authority requiring the coal company in the request to fence out a neighbor's cattle. A livestock owner who lets animals trespass risks civil liability under § 19-18-1 and…
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…
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…
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…
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…
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…
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…
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…
Could the City of Cabot release two records responsive to a decertification-related FOIA request despite the subject’s objection to the requester’s motive?
The AG reviewed the two responsive records and found the custodian’s release decision consistent with the FOIA, regardless of their classification as personnel or evaluation records. The subject’s…
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…
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…
What did a South Carolina county risk if it failed to adopt a budget before July 1?
In 2021, the South Carolina AG said a county had to adopt its budget before the July 1 fiscal-year start. Without an adopted budget, it might be unable to spend county funds until one was adopted.
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…
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)…
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…
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…
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. Belle Isle's charter expressly makes the non-voting mayor a City Council member, and the mayor also serves on several municipal advisory boards subject to the Sunshine Law. The mayor cannot…
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…
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…
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 AG said city approval of a subdivision plat showing public roads dedicates them to public use under § 21-19-63; no separate formal acceptance is needed. The city must maintain them in…
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…
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…
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…
Can the Mississippi Board of Pharmacy erase records of discipline it previously imposed?
No. The AG found no express or implied authority in the Pharmacy Practice Act for the Mississippi Board of Pharmacy to erase records of its prior discipline. Under § 73-21-103(2), the Board may…
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…
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 redacted.
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…
Were South Carolina roadside markets exempt from state building codes as farm structures?
In 2021, the South Carolina AG said a roadside market could qualify as an exempt farm structure, but whether a particular market did so required facts for a court to decide.
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…
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…
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.…
Can ten Sherwood city employees keep their names out of a FOIA release of salary, hire date, position title, and employee name data?
The AG said the bulk of the requested Sherwood salary, hire-date, title, and name information was generally open to inspection. Sensitive personal information should be withheld. She had not seen…
Can a Texas licensing board discipline a social worker for discrimination based on categories the Legislature did not list in the statute?
No, the AG concluded. The Texas Behavioral Health Executive Council asked whether it had authority for a rule that disciplined licensed social workers for refusing service based on disability,…
Can the City of Calico Rock release employee salary, hire date, position title, and name records under Arkansas FOIA?
The AG said the bulk of the requested Calico Rock salary, hire-date, title, and name information was generally open to inspection. Sensitive personal information should be withheld. She had not seen…
Could a South Carolina register of deeds require attorneys to submit all real estate documents electronically?
In 2021, the South Carolina AG said a register of deeds who accepted electronic recordings still had to accept authorized paper documents and likely could not require attorneys to file everything…
Could a Pickens County school trustee keep serving after moving out of the district she represented?
In 2021, the South Carolina AG said a trustee who ceased residing in her single-member district lost qualification and vacated the seat. It could not determine the named trustee’s residence without…
Does West Virginia have to recognize a new political party every time a write-in candidate registered as 'Independent' wins more than 1% of the vote in a gubernatorial election?
No. Under W. Va. Code § 3-1-8, a new political party arises only when an 'affiliation of voters representing any principle or organization' achieves 1% support for its gubernatorial candidate.…
Can the City of Decatur release a public employee's salary, hire date, position title, and name under Arkansas FOIA?
Yes. The salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information must be redacted. The named…
Can the City of Wynne release its employees' salary, hire date, position title, and name under Arkansas FOIA when the named employees object?
Yes. The salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information like home address, DOB, and SSN must…
Can a city release a public employee's salary, hire date, position title, and name in response to an Arkansas FOIA request?
The AG said the bulk of the requested Mountain Home salary, hire-date, title, and name information was generally open to inspection. She approved the custodian’s decision to withhold sensitive…
Does a Tennessee police chief or sheriff have to attach evidence when certifying to a court that a confiscated weapon is inoperable or unsafe?
No. The AG concluded that the official's signed attestation, by itself, satisfies the certification requirement of Tenn. Code Ann. § 39-17-1317(i). The plain meaning of 'certify,' the absence of…
Can the City of Heber Springs release police department employee salary, hire date, position title, and name records under Arkansas FOIA?
Yes. Salary, hire date, position title, and name of public employees, including police officers, are personnel records that the public can see under FOIA. Sensitive personal information must be redacted.
Could Connecticut create a 'Connecticut Equitable Investment Fund' run by a nine-member council with broad authority to spend tax revenue, or would that violate the state constitution?
AG William Tong concluded a court would likely strike it down. Section 13 of HB 6443 would have permanently delegated to the council both lawmaking authority (defining what counts as…
Can the City of Crossett release employee salary, hire date, position title, and name records under Arkansas FOIA?
The AG said the bulk of the requested Crossett salary, hire-date, title, and name information was generally open to inspection. She approved the custodian’s decision to withhold sensitive personal…
Were Columbia’s property-maintenance notice and vehicle rules unconstitutional or preempted?
In 2021, the South Carolina AG expected courts to uphold the code provisions against the facial due-process and preemption challenges discussed. It did not decide whether the rules were vague as…
Did a nonresident investor need a prior year of South Carolina taxes to qualify for the 2013 investment tax credit?
In 2021, the South Carolina AG said prior-year tax payment was not required: a nonresident could qualify in the year they became subject to South Carolina tax. It noted unresolved proof and…
After Tennessee's 2021 Public Chapter 550, who can issue county-wide health mandates: the county mayor or the county health officer?
The county health officer has the power, not the county mayor. Tennessee's 2021 Public Chapter 550 transferred rulemaking authority from county boards of health to county health officers and reduced…
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 did not approve the initiative or conclude it was legally permissible. The advisory certificate warned that combining income-tax increases with a new education fund risked violating Idaho's…
Does West Virginia's daily mine-inspection requirement apply to a coal mine that has stopped producing coal and where the operator is dismantling and removing surface equipment but has not yet surrendered the underground mine permit?
The AG concluded the best reading of W. Va. Code § 22A-2-53c(10)(e) is that the daily inspection-and-recording duty does not apply when the only ongoing activity is dismantling and moving surface…
Does Virginia's prevailing wage law apply to public works construction projects at Virginia's public colleges and universities?
Yes, with one carve-out. The Virginia Public Procurement Act's prevailing wage requirements for public works contracts (Va. Code § 2.2-4321.3, effective May 1, 2021) apply to Virginia's public…
Did the Fifth Amendment prevent a warrant from compelling fingerprint or face unlock of a phone?
In 2021, the South Carolina AG predicted state courts would likely find compelled fingerprint or face unlocking non-testimonial under the Fifth Amendment. It stressed that courts were divided and…
Are juvenile records in Virginia automatically expunged when the case was dismissed or nolle prossed?
Yes. Sections 16.1-306 and 16.1-307 require clerks (both juvenile and domestic relations district courts and circuit courts) to automatically expunge dismissed or nolle prossed juvenile proceedings…
When does an Arkansas legislative act become effective if it lacks an emergency clause and the General Assembly takes a recess longer than 90 days?
Ninety-one days after the recess begins. The day of recess doesn't count. For the 93rd General Assembly's April 28, 2021 recess, that puts the effective date at July 28, 2021, assuming the…
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