State AG Opinions
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Did Class 3 South Carolina officers have authority to carry firearms on duty?
The 2021 South Carolina AG declined a formal answer while the Law Enforcement Training Council reviewed Class 3 officers’ duties. It said certification alone did not settle every role’s firearm authority.
If someone FOIAs Little Rock for the personnel files of every recent hire, what gets handed over and what gets redacted?
The City of Little Rock's plan to release the personnel files of all employees hired on or after June 23, 2020, while redacting home addresses, dates of birth, telephone numbers, and Social Security…
Do Arkansas county EMS workers get the same vacation, sick leave, and overtime rules as city firefighters?
No. Arkansas's specific firefighter sick-leave and vacation statutes (Ark. Code Ann. §§ 14-53-107 and -108) apply only to city fire departments, not county EMS. Counties set their own employee…
After a South Carolina DUI suspect refused a chemical test, could police seek a blood-draw warrant?
In 2021, the South Carolina AG said the implied-consent statute did not bar a search warrant for a blood sample after refusal. It also said refusal still required license suspension or denial even…
How did South Carolina’s anatomical-gift law balance organ donation with a coroner’s investigation?
In 2021, the South Carolina AG said coroners should cooperate with procurement organizations to fulfill donors’ wishes without compromising their investigative duties. It said a good-faith immunity…
Can someone in Delaware FOIA a copy of the police complaint that was filed against them?
No. The AG concluded that a criminal complaint filed against the requester is part of an investigatory file and categorically excluded from FOIA, even when the complaint is later found without…
Did an independent college chartered before 1962 need to offer bachelor’s degrees before 1962 to qualify for tuition grants?
The 2021 South Carolina AG said the definition was ambiguous: a college chartered before 1962 might or might not need pre-1962 bachelor’s instruction. It expected courts to defer to a reasonable…
If a parent FOIAs a school for an employee's complaints and emails, what gets handed over and what stays private?
The Pulaski County Special School District custodian had to apply two different rules to the request. Unsolicited complaints are 'personnel records' subject to the Young v. Rice balancing test.…
When a Virginia garnishee and debtor live in different counties, who has to make sure the garnishee is served first?
Court clerks (circuit and general district) and sheriffs do not have a duty under Va. Code § 8.01-511 to ensure the garnishee is served before the judgment debtor when they are in different…
In a Tennessee county that uses the County Financial Management System of 1981, can the finance director count as a 'full-time purchasing agent' so the county can raise the competitive-bid threshold to $25,000?
No. The AG concluded that the director of a county finance department appointed under the County Financial Management System of 1981 was not a 'full-time purchasing agent' under Tenn. Code Ann. §…
Could the Texas Public Utility Commission order ERCOT to correct electricity prices after Winter Storm Uri?
The AG concluded that the Public Utility Commission has 'complete authority' under section 39.151(d) of the Utilities Code to oversee ERCOT, and that this authority likely could be read to let the…
Could a Kentucky circuit court clerk candidate appoint an election challenger?
No. The Attorney General concluded that a candidate for circuit court clerk could not designate an election challenger under KRS 117.315(2). That statute let candidates running on an independent or…
Can a Mississippi university pay a faculty member half-salary on a one-semester sabbatical and full salary for the other semester?
The AG said § 37-101-183 allows a university to pay up to 50% of annual salary for a one-semester sabbatical and does not prohibit paying the remaining 50% for work in the other semester, as long as…
Could a South Carolina county require an affidavit before fulfilling a public-records request?
In 2021, the South Carolina AG said a public body could not make an affidavit a precondition to a FOIA response. A separate privacy law required notice and reasonable measures against commercial…
Did South Carolina have to verify immigration status for its COVID rent and mortgage assistance program?
In 2021, the South Carolina AG viewed the federally funded program as a public benefit potentially subject to verification, but left its emergency-relief exemption unresolved. It advised seeking HUD…
Can a retired Arkansas police officer carry a concealed handgun without getting a regular CHCL?
Qualified yes. A retired Arkansas law enforcement officer who meets every eligibility test in Ark. Code Ann. § 12-15-202(b) (good-standing retirement, photo ID, recent training, ten years of…
Can a Delaware requester obtain fire-investigation records when an inspector labeled the incident undetermined and closed?
The AG found no FOIA violation in withholding the remaining investigatory records. It accepted City counsel’s account that Fire Marshal officers compiled the file for criminal law enforcement, found…
Can Colorado's state personnel director create a paid family leave benefit for state employees by rule, without an act of the legislature?
Yes, but only with strict procedural compliance: the director must run a technically sound prevailing-practices survey, follow formal APA rulemaking, and avoid changing any leave benefit set by…
Could a Texas government agency allow clergy visits only when a patient faced imminent death during COVID-19?
A government agency or official restricting clergy visits to patients facing imminent death would likely violate the Texas Religious Freedom Restoration Act if less restrictive safety protocols…
Can a Texas county pay its court clerks a one-time bonus for extra work they already did?
It depends, and the AG could not give a flat yes or no because the answer turns on facts. The Brown County Auditor asked whether article III, section 53 of the Texas Constitution barred a proposed…
Can a county judge's brother run for sheriff in Texas?
Yes. The AG concluded that neither the state nepotism statute (Government Code chapter 573) nor the conflict-of-interest statute (Local Government Code chapter 171) bars a county judge's brother…
During an epidemic, can a Texas school exclude an unvaccinated student over a vaccine unrelated to that outbreak?
Probably not. The AG advised that, read in context, Education Code subsection 38.001(f) likely does not let a school district exclude a student during an epidemic for lacking a vaccine that is…
If I ask Delaware for prepared speech remarks and they say none exist, can the AG order them to give me the meeting minutes and slide decks instead?
No. The AG ruled the Division of Corporations did not violate FOIA when it told Jordan Howell no 'prepared remarks' from the 2020 Executive Strategic Planning Conference existed. Conference minutes…
When an Arkansas state agency gets a FOIA request for an employee's salary and contact info, what has to be released and what has to be withheld?
The Arkansas Department of Labor & Licensing's plan to release names, job titles, salaries, dates of hire, and similar workplace data while redacting home addresses and personal phone numbers was…
When must a Texas county combine separate purchases to reach the $50,000 competitive bidding threshold?
Only in narrow circumstances. The AG advised that the County Purchasing Act's anti-splitting rule, Local Government Code section 262.023(c), forces a county to treat separate, sequential, or…
Can the Mississippi State Port Authority sign an exclusive 99-year lease and operating agreement with a private operator at the Port of Gulfport, and would sovereign immunity block a breach-of-contract claim?
The AG said the MSPA, acting jointly with the MDA, may lease portions of the Port for up to 99 years with exclusive use and possession, and may make contracts incidental or necessary to port…
Can an Arkansas city pass an emergency ordinance after the fact and have it apply to a flood already over?
Yes. An Arkansas city may pass an ordinance with retroactive effect, including a § 14-58-303(b)(2) bid-waiver ordinance for an already-completed disaster repair, when the city expressly declares…
Does an email I send to a Delaware mayor or town manager asking for documents automatically count as a FOIA request, or do I have to use the city's specific form?
Not automatically. The AG ruled Craig O'Donnell's October 2020 emails to Delaware City's Mayor and City Manager did not trigger FOIA's timelines because they were sent to the wrong person and never…
Can a Virginia city negotiate a binding arbitration clause in a collective bargaining agreement with its employees' union?
Yes. Under § 40.1-57.2 (effective May 1, 2021), a Virginia locality that authorizes collective bargaining can include in the agreement a grievance procedure culminating in final, binding…
Could Richland County make operating a nuisance business a crime and close it under its ordinance?
In 2021, the South Carolina AG said the county could regulate nuisance businesses, but a court might invalidate the ordinance’s new criminal penalty or its undefined business-license discretion.…
Can the Virginia Department of Health publicly disclose COVID-19 outbreak data tied to specific long-term care facilities, businesses, restaurants, churches, schools, and gyms?
As of February 2021, Virginia law permitted, and sometimes required, VDH to publish COVID-19 data under § 32.1-37.01 and a 2020 special-session law, while preserving patient and practitioner…
How much oversight does Connecticut's State Contracting Standards Board have over the Connecticut Port Authority?
Very little. AG William Tong concluded that the Board's authority over quasi-public agencies in general is narrow, and the Port Authority's enabling statute (Conn. Gen. Stat. § 15-31b(a)(15)) goes…
Does a Delaware school board need to specifically notice its agenda before voting to appoint a superintendent?
Yes. The AG ruled Sussex Technical School District violated FOIA when it voted to appoint a superintendent under a generic 'Personnel Action Items' agenda label. The AG recommended, at a minimum,…
How do two Arkansas cities formally amend their joint sewer agreement, and what does the AG check before approving it?
The Attorney General approved Amendment No. 3 to the Cotter-Gassville interlocal wastewater agreement. The amendment did not itself name a joint board or address property disposal, but the original…
Are state, county, and city elected officials in Washington 'employees' under the Paid Family and Medical Leave Act, and do they have to pay PFMLA premiums?
Yes to both. AGO 2021 No. 1 concluded that elected officials at the state, county, and city level qualify as 'employees' under Washington's Paid Family and Medical Leave Act (PFMLA) and that PFMLA…
Can someone be convicted of a crime in Texas without being present in court?
A conviction in absentia was not permitted in the circumstances the district attorney described, the AG said. Article 33.03 generally requires a defendant's presence at a felony trial or a…
Who decides a boundary dispute between two Texas groundwater conservation districts?
A court does, not the Attorney General. A state senator asked the AG to pin down the boundary line in Potter County between the High Plains Underground Water Conservation District and the Panhandle…
Does a city council member have a conflict of interest voting on a county matter if their spouse is the county tax assessor-collector?
No. The Jefferson County Criminal District Attorney asked whether a city council member must recuse from a vote to waive interest on delinquent property taxes when the council member is married to…
Could a South Carolina town council member also serve on the town planning commission?
No under the law analyzed in 2021. The South Carolina AG said both positions were public offices and the planning statute separately barred commission members from holding elected municipal office.
Could a Bamberg County coroner also sit on the county planning commission?
The South Carolina AG concluded in 2021 that simultaneous service as county coroner and county planning commissioner violated both constitutional and statutory dual-office rules.
Can a South Carolina licensing board hold a FOIA meeting through a group email exchange?
The 2021 South Carolina AG said a quorum actively discussing board business by email could constitute a FOIA meeting. Scheduling replies alone likely would not; a message to one member would not.
How much power does the Arizona Legislature have to limit a Governor's emergency declaration, and what can counties and cities do during an emergency?
The Legislature can only terminate (not modify or condition) a Governor's state of emergency by concurrent resolution under A.R.S. § 26-303(F). The Governor can re-declare. Counties and cities have…
How long does a county nuisance abatement lien last in California, and does it expire after 10 years like a judgment lien?
The AG concluded that a Government Code section 25845 nuisance abatement lien does not expire after ten years the way a judgment lien does, even though the statute borrows other features from…
Can a Mississippi motor vehicle manufacturer's wholly owned subsidiary get a dealer's license, including in markets where the manufacturer already has franchised dealerships?
The 2021 opinion concluded that Mississippi's motor vehicle dealer licensing statutes did not categorically prohibit a vehicle manufacturer's wholly owned subsidiary from obtaining a motor vehicle…
Can a Tennessee city or county re-authorize the $5 electronic traffic citation fee after its first five-year authorization expires?
No. The $5 electronic traffic citation fee under Tenn. Code Ann. § 55-10-207(e)(4) had a built-in five-year sunset, and the AG concluded that local governments could not re-authorize the fee after…
What is the penalty for driving over a weight limit set by TxDOT on a Texas road or bridge?
The lower catch-all penalty, not the steep graduated fines. The Burnet County Attorney asked which penalty applies when a vehicle exceeds a weight limit that the TxDOT executive director sets under…
Does a Texas physician have to supervise a nurse anesthetist (CRNA) who administers anesthesia under delegation?
Not under chapter 157 alone, but other laws can require it. The Texas Medical Board asked whether chapter 157 of the Occupations Code makes a physician supervise a certified registered nurse…
Can an Illinois lawyer hold a seat in the State Senate and serve as an assistant state's attorney at the same time?
No. The AG concluded the two offices are incompatible. Assistant state's attorneys, like state's attorneys, exercise executive-branch power. State senators exercise legislative power. The Illinois…
Could a South Carolina school district keep two percent of state funding for a charter school it sponsored?
In 2021, the South Carolina AG said the two-percent administrative fee applied to the state Public Charter School District, not local district sponsors. It said local sponsors needed negotiated…
Can an Arkansas city release the names of restaurants and hotels that haven't paid their advertising and promotion taxes?
Yes. An Arkansas city may release (in response to a FOIA request or otherwise publish) the names of businesses that have not remitted advertising and promotion taxes under Ark. Code Ann. § 26-75-601…
Can a Texas deputy sheriff also serve on a city council at the same time?
Yes. The Culberson County Attorney asked whether a deputy sheriff could simultaneously serve as an elected alderman of a Type-A general-law city, after a county deputy was elected to the Van Horn…
Does a Mississippi 911 district need state Wireless Communications Commission approval if a private vendor owns and operates the radio system?
The 2021 opinion concluded that a Mississippi 911 district could enter a managed service agreement for P25 radio service where the vendor owned and operated the system, without needing 'sign-off…
Could an Arkansas county judge order courthouse employees to take a COVID test after a colleague tested positive?
No. The county judge could not require county employees or other elected officials to take a COVID-19 test. The quorum court could adopt a general employee policy, subject to other legal limits.…
Does Mississippi's two-year residency requirement for supervisor and alderman candidates apply to the specific district or just the county?
The 2021 opinion concluded that Mississippi's § 23-15-300 two-year residency requirement applied to the specific supervisor district or municipal ward a candidate sought to represent, not just the…
When an Arkansas justice of the peace doesn't take the oath, does the seat go vacant or stay with the prior officeholder?
The incumbent stays in office until the next general election. When a person elected as Arkansas justice of the peace refuses to take the oath of office, no vacancy is created. Article 19, section 5…
Can a board member of an Arkansas regional airport authority earn a contingency fee from a windstorm subrogation lawsuit?
No violation, on these facts. A Delta Regional Airport Authority board member who is also a local attorney could collect a contingency fee from out-of-state subrogation counsel pursuing the…
Can West Virginia's State Conservation Committee receive and pass through federal Clean Water Act Section 319 grants for water quality projects, and does it have to use the local conservation districts as the only sub-recipients?
On the first question, the AG concluded the SCC's authority to use Section 319 grants for water-quality (as opposed to soil/erosion) projects is uncertain under W. Va. Code Chapter 19, Article 21A;…
If a Virginia defendant defaults on court fines and their case went to collections, can they get back on a payment plan without facing a show cause?
Yes. A Virginia general district court may enter into a new payment plan with a defendant on a defaulted, in-collections case at the defendant's request, without first issuing a show cause or…
Can an Arkansas city's planning commission close the doors and meet in private?
Yes, but only for one of four narrow reasons. A municipal planning commission is a 'governing body' subject to the Arkansas FOIA's open-meetings rules, and may enter executive session only to…
After the Governor's 2020 emergency order on remote local-government meetings expired, were Florida district school board advisory committees still allowed to meet remotely without an in-person quorum?
No. After the expiration of Executive Order 20-69, school board advisory committees were required to follow the same in-person quorum and physical-meeting-location rules that apply to the school…
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