State AG Opinions
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Could a council-manager county elect its treasurer but appoint its auditor?
In 2021, the South Carolina AG said a council-manager county had to choose the same method for both offices: the treasurer and auditor could both be elected or both appointed, but not one of each.
Did Delaware's agriculture department adequately justify denying a FOIA request for CAFO notices of intent and current permits?
No. The AG found DDA had not explained how its cited statute exempted the notices of intent or addressed the request for current permits. It recommended a supplemental response within fifteen…
In a Tennessee criminal trial without a separate sentencing phase, can the trial judge keep alternate jurors on hand to step in if a regular juror has to leave during deliberations?
No. Under Tenn. R. Crim. P. 24(f)(2), alternate jurors must be discharged when the jury retires to deliberate in a non-bifurcated trial. Tennessee trial courts have no inherent authority to import…
Can a Mississippi city offer broadband service through its municipal electric utility?
The AG reaffirmed that a municipality lacks authority to provide broadband through its municipal utility system because broadband is absent from the statutory list of utility systems. It noted that…
Did South Carolina FOIA require disclosure of deceased inmates’ names and causes of death?
In 2021, the South Carolina AG advised that, if the corrections department possessed a list of inmates who died and their causes of death, FOIA required disclosure. The office expected a court to…
Does the higher-education member of Mississippi's police-training board have to be a full-time university employee?
The 2021 opinion concluded that Mississippi's Board of Law Enforcement Officer Standards and Training did not require its 'higher education representative' under § 45-6-5(2)(a) to be a full-time…
Can a Mississippi community hospital provide services in another state if that's part of its service area?
The 2021 opinion concluded that a Mississippi community hospital could provide authorized services outside the state, as long as the location was within the hospital's 'service area.' A 2019…
Does someone have to live in a Mississippi natural gas district to serve on its board of commissioners?
The 2021 opinion concluded that the Caledonia Natural Gas District's enabling local-and-private legislation, as amended in 1997 and 2021, required all five board commissioners to be residents of the…
Can Prince William County levy a special school tax to build new schools, and what are the procedural rules around it?
Yes. Prince William County may levy a special county school tax under § 22.1-102 for capital expenditures, indebtedness, or rent. The county can choose lump-sum or major-classification…
Did the AG independently decide whether North Little Rock could release personnel records after Lori Hart objected to the requester’s stated purpose?
No independent release decision appears in Hart’s letter. The AG said Hart’s request was virtually identical to Opinion 2021-028 and referred her to that enclosed opinion for its analysis and…
Can a North Little Rock School District employee block FOIA release of personnel records by claiming the requester's motive is a personal vendetta against the communications director?
No. The requester's motive is generally irrelevant to FOIA disclosure decisions. The AG cannot enforce FOIA against a custodian, but the custodian must apply the standard personnel-records…
Can a convicted felon in Arkansas own and use a crossbow for hunting?
Yes, if they have completed their sentence and are not on probation or parole. A crossbow is not a 'firearm' under Arkansas law (no explosive propellant), so the felon-in-possession statute doesn't…
Could a Maryland citizen obtain Delaware captive-insurance licenses through FOIA or the Insurance Code’s inspection provision?
The AG found no FOIA violation because Schupp conceded he was a Maryland citizen and the Office interprets Delaware FOIA as limited to Delaware citizens. It did not decide whether 18 Del. C. § 314…
Could the Tennessee State Capitol Commission file a Heritage Protection Act waiver to relocate the Forrest, Farragut, and Gleaves busts from the state capitol, and did it need the State Building Commission's concurrence to do so?
Yes on the petitioner question. The State Capitol Commission qualified as a 'public entity exercising control of a memorial' under the Heritage Protection Act because it had statutory authority to…
Did South Carolina’s 24-hour bond-hearing rule also require a probable-cause decision within 24 hours?
In 2021, the South Carolina AG clarified that the 24-hour statutory limit governed bond hearings, while judicial probable-cause review after a warrantless arrest was a separate requirement with a…
Can a Tennessee municipal energy authority created under Tenn. Code Ann. § 7-36-101 et seq. provide natural gas or propane distribution outside its electric service area?
No. An energy authority created under the Municipal Energy Authority Act (Tenn. Code Ann. § 7-36-101 et seq.) has no statutory authority to provide natural gas or propane distribution at all. The…
If a 16- or 17-year-old comes to a South Dakota hospital for a sexual assault exam after being assaulted by their boyfriend or girlfriend, can the medical staff keep the assault confidential because the teen does not want to report it to police?
No. AG Ravnsborg ruled that the mandatory child-abuse reporting statute, SDCL 26-8A-3, requires medical professionals to report suspected sexual abuse of anyone under 18 to law enforcement, the…
Can a Tennessee municipal energy authority offer broadband, water, or wastewater service outside its electric service area?
It depends on the service. Telecommunications service (telephone, cable, broadband Internet) was confined to the energy authority's electric service area. Water and wastewater could be extended…
Can a Kentucky water district commissioner also work as a county road foreman?
Yes, under the facts. The Attorney General concluded that serving as a Knott County Water District commissioner was not incompatible with working as a county road foreman. The foreman position is an…
Does the Texas Railroad Commission have to address oil and gas equipment noise, like compressor station noise, in its annual plan?
No, the AG concluded. The Freestone County Attorney explained that citizens consider the low-frequency noise from oil and gas compressor stations, gas treating facilities, and pipelines severely…
What was Tennessee AG Opinion 21-05 about?
There is no substantive opinion. The Tennessee AG's office assigned the number 21-05 to a 'Militias' opinion request in May 2021, but the office subsequently withdrew it. The PDF the AG posts at…
Can a Texas city require specific paint colors and patterns for buildings, or does the state building-materials law block that?
It depends on the facts, and the AG could not give a yes-or-no answer. The Cameron County District Attorney asked whether Government Code section 3000.002 stops a city from requiring specific paint…
Did South Carolina’s agriculture statute prevent local building codes from applying to roadside markets?
In 2021, the South Carolina AG found the statutory text suggested broad local preemption but the chapter’s nuisance-focused purpose created uncertainty. It urged legislative or judicial…
Could drug-forfeiture funds pay to construct a South Carolina law-enforcement training facility?
In 2021, the South Carolina AG said a court could permit construction with forfeited funds if the facility’s primary purpose was law-enforcement training. The office could not decide that factual…
If I'm a Delaware inmate, can I use FOIA to get my own commissary or inmate-account records, or DOC policies?
No. The Delaware AG ruled DOC properly denied an inmate's FOIA request for commissary records, inmate-account records, and DOC policies. 29 Del. C. § 10002(l)(13) categorically exempts any DOC…
Can a Maryland county require alcohol retailers to live in that county to get a liquor license, or does that discriminate against out-of-county and out-of-state residents in violation of the Commerce Clause?
The opinion concluded that Harford County's requirement that alcoholic beverages licensees reside in the county, even though no longer a durational requirement, would likely be struck down under the…
What records about a former Russellville School District employee can be released after he was placed on administrative leave and then terminated?
The AG found release of the employee’s 2020 evaluation and personnel records consistent with FOIA, subject to additional personal-information redactions and possible removal of some proposed…
Could the Burleson County sheriff also serve as the City of Caldwell's fire marshal?
A court would likely allow the Burleson County sheriff to serve as Caldwell's fire marshal, the AG concluded. Under Caldwell's ordinance, that fire marshal position likely is public employment…
Can a Mississippi county pay for a feasibility study on converting a vacant school into an artist residency to boost tourism?
The 2021 opinion concluded that the Coahoma County Board of Supervisors could engage a firm to conduct a feasibility study on whether to redevelop a vacant school building as an artist residency to…
Does Mississippi's nepotism law block a city from hiring the mayor's grandson as a parks-department laborer?
The 2021 opinion concluded that Mississippi's nepotism statute (§ 25-1-53) was not violated when the Ridgeland Board of Aldermen hired the mayor's grandson as a parks-and-recreation laborer. The…
Can a Mississippi Parole Board member get travel reimbursement without violating the per diem ban that applied to Board members in 2021?
The 2021 opinion concluded that Mississippi Parole Board members could submit expense vouchers and be reimbursed for actual and necessary travel expenses (mileage, meals, lodging) under § 25-3-41…
Can a former Fort Smith police officer who resigned before discipline get his name redacted from records released about an internal investigation?
Maybe, depending on the records' classification. If the records are his evaluation records, they are exempt because no discipline happened. If they are mixed records covering other officers, his…
Did the Idaho AG identify any legal problems with a proposed ballot initiative that would have repealed the new geographic-distribution signature requirement (SB 1110) for Idaho ballot initiatives?
The AG said voters likely could initiate changes to ballot-access rules and that the proposed 6% statewide threshold without geographic distribution would likely survive a facial constitutional…
Can a Texas county attorney sue to enforce a plat use restriction without anyone filing a complaint first?
Yes, the AG concluded. The Williamson County Attorney explained that the City of Austin had bought a hotel property in Williamson County to use as a long-term residential facility for the homeless,…
Could Virginia's public colleges and universities require students to be vaccinated against COVID-19 to attend in-person classes during the pandemic?
Yes. As of April 2021, the Attorney General concluded that the governing boards of Virginia's public colleges and universities had authority under Title 23.1 to require a COVID-19 vaccine as a…
Can a private insurer use Delaware FOIA to dig up Department of Insurance records during a pending lawsuit and a Department examination hearing?
The AG found no FOIA violation in the Department’s denial. It held that the pending-litigation exemption covered all contested items of GEICO’s 16-part request because they related to civil…
Can a Fayetteville Housing Authority employee object to FOIA release of her own daily notes about residents on the basis that the residents' privacy will be invaded?
Mostly no. Concerns about the privacy interests of private citizens (residents) are outside the AG's narrow review authority. The AG could not say the custodian's decision to release the employee's…
Could a Fayetteville Housing Authority employee obtain AG review of objections about other people’s privacy and allegedly prejudicial content?
The AG declined to issue a record-specific opinion. Butler’s privacy concerns concerned other employees and private citizens, and her objections that portions were not germane or might be…
Can a Kentucky county magistrate also work as a city police officer?
Yes, under the facts. The Attorney General concluded that serving as a Breathitt County magistrate and working as a Beattyville police officer were not incompatible. The bar on holding a county…
Did Wilmington miss the FOIA deadline for a request about parking and traffic citations?
No FOIA violation. Although the petitioner believed no response had arrived, the City of Wilmington produced records showing it emailed its FOIA response on February 3, 2021, which was within the…
Could Maryland's school board give a new superintendent a full term when filling a midterm vacancy?
The Attorney General concluded that Maryland's State Board of Education could appoint a replacement superintendent only for the remainder of the existing term, not a new four-year term. For the…
Will the Arkansas AG opine on a question that is already before a court?
The Attorney General declined to opine. The questions about whether Ark. Code Ann. § 16-17-106 lets a county quorum court authorize a district court judge to hire a clerk (and whether city-council…
Can Arizona's Governor sign tribal gaming compacts (and amendments) on behalf of the state on his own, or does that violate the state constitution's separation of powers?
The AG concluded that A.R.S. § 5-601(A)'s delegation of compact authority to the Governor was not clearly unconstitutional, because the gaming statutes (read with § 5-601.02) supply enough standards…
If an Arkansas city overpaid an employee, can the city council just decide not to chase the money back?
The city was not legally required to pursue collection of an overpayment. Its decision not to collect would not, by itself, defeat a taxpayer’s illegal-exaction suit; a court would consider the…
Does Kentucky require competitive bidding when a city hires an engineer to manage construction?
Yes, for construction management. The Attorney General concluded that under KRS 45A.380(3), the City of Ashland had to competitively bid to hire an engineer who would also provide construction…
Does Texas law keep medical debt off your credit report if your employer's health plan uses reference-based pricing with no provider network?
Likely not, when the plan has no network, the AG concluded. The San Patricio County Attorney asked whether Business and Commerce Code subsection 20.05(a)(5) stops a consumer reporting agency from…
Can a Texas city's public improvement district assessments pay the costs of bonds issued by an out-of-state authority?
Mostly the AG declined to decide, because the specific deal turned on reading contracts, but it gave two general rules. The Williamson County Attorney, for the City of Hutto, asked whether public…
Does Mississippi's nepotism law block a public defender from hiring an assistant who is related to a circuit court judge?
The 2021 opinion concluded that Mississippi's nepotism statute (§ 25-1-53) was not violated when a public defender appointed the sister or daughter of a Senior Circuit Court Judge as assistant…
When figuring out who owns a property for Virginia real estate taxes, can a commissioner of the revenue rely on a court decree instead of the deed?
Yes. A commissioner of the revenue may consider recorded court decrees and other documents (not just the deed) in deciding who owns a parcel for real estate tax purposes. The effect of any specific…
Could a school board policy deny an elected member access to district records outside financial documents?
In 2021, the South Carolina AG said elected members’ access extended beyond financial records. It found the district policy facially compatible with that rule if denied priority requests still…
Can an Arkansas county judge refuse to pay an election commission's invoice that meets every legal requirement?
No. If an election commission's claim meets every requirement of Ark. Code Ann. § 14-14-1102(b)(2)(B), namely sufficient appropriation, unencumbered balance, lawful purpose, and rendered services,…
Could Arizona's Governor preempt a county face-covering ordinance through an executive order alone, without going through the state health department?
Probably not. The AG concluded that Executive Order 2021-06 rested only on Title 26 emergency-management authority, while Pima County's resolution rested on separate Title 36 public-health and…
If a Texas city annexes land inside a county assistance district, does the district lose that territory?
No. The AG concluded that a county assistance district's boundary is fixed as of the creation election and does not recede when a city later annexes overlapping land. Senator Charles Perry asked…
Do you need a driver's license to drive a golf cart on a public road in Texas?
Yes. The AG concluded that a person must hold a valid Texas driver's license to operate a golf cart on a publicly maintained road open to vehicular travel, even on the limited roads where sections…
Who had to approve Anderson County Fire Protection Commission tax millage increases?
In 2021, the South Carolina AG expected a court to find two local acts unconstitutional, but said the commission had to follow them until a court ruled. The legislative delegation had to approve the…
Could a South Carolina county adopt and amend proposed land-development rules at one public hearing?
In 2021, the South Carolina AG said counties and municipalities could adopt planning-commission land-development regulations with amendments at the same public hearing. It acknowledged the…
Did Richland County have to give COMET a proportional share of interest earned on the penny transportation tax?
In 2021, the South Carolina AG found no statutory pro-rata allocation rule. It said interest had to serve the tax’s approved purposes, while a court might find COMET owned interest attributable to…
Does the Arizona State Schools for the Deaf and the Blind qualify as a 'local educational agency' under federal IDEA and ESEA definitions?
Yes. The AG concluded that ASDB met the federal LEA definition under all three operative subparts of 20 U.S.C. § 1401(19), both because it administers its own campus schools and because it provides…
When did laws passed in Kentucky's 2021 legislative session take effect?
June 29, 2021. The Attorney General concluded that, under Section 55 of the Kentucky Constitution, most legislation from the 2021 Regular Session became effective on Tuesday, June 29, 2021, because…
Can a licensed engineer in Washington stamp and sign architectural drawings to submit for a building permit?
No, not anymore. The AG concluded that since the 2010 amendments to RCW 18.08.410, engineers no longer fit any exemption that allows stamping architectural drawings. Doing so is potentially…
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