State AG Opinions
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Can a Delaware public body list 'review financial data' on its agenda as a reason it might go into closed executive session?
No. The AG ruled the DAPE Finance Committee committed a technical FOIA violation when its November 10, 2020 agenda listed 'financial data' as a possible executive session purpose, because § 10004(b)…
In a Virginia city that has both a police department and a sheriff's office, who serves protective orders?
The police department, not the sheriff. Under §§ 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, and 19.2-152.10, in a city with both a police department and a sheriff's office, the…
Does Va. Code § 22.1-100 require a school board to return unused employee Section 125 contributions to the city?
No. Money that school employees pre-tax into a Section 125 flexible benefits plan is not 'local funds' under Va. Code § 22.1-100, so the school board does not have to return unspent balances to the…
If a Mississippi school district receives back-payments of federal Weeks Act forest funds, does it have to escrow them and reduce next year's tax levy?
The AG concluded that federal Weeks Act forest payments are neither local property taxes nor payments in lieu of them. The district therefore did not have to escrow the back-payment under §…
When a Mississippi county civic center sells food, can the county absorb the credit card processing fees, or must the customer pay them?
The 2020 opinion concluded that a Mississippi county-owned civic center selling food for immediate consumption had to assess credit card processing fees to the customer, not absorb them. Section…
Can a Mississippi county prosecutor dismiss a justice court case on his own, without telling the judge or the arresting officer?
The AG said only the judge may dismiss a filed case; a county prosecutor may seek dismissal by motion or other means without the arresting officer's consent. The office found no authority for a…
Can the same person serve on a public school board and a charter school board in Mississippi at the same time?
The 2020 opinion concluded that simultaneously serving on a public school board and a charter school board did not violate Mississippi's separation of powers doctrine, because both positions are in…
Does a Texas peace officer have a legal duty to step in and stop another officer who is using unlawful force?
The AG would not say there is an absolute duty. Representative James White, writing in 2020 as departments adopted policies requiring officers to intervene against colleagues using unreasonable…
Which court handled a bond violation, and could a South Carolina magistrate use a regular deputy for service?
In 2020, the South Carolina AG said general sessions court handled bond revocation for its charges and regular deputies could serve magistrate process under the sheriff’s responsibility. It left…
Can a Delaware county say my FOIA request for an arrest warrant is denied because 'we are not bound by FOIA' and demand a subpoena instead?
Not for that reason. The AG ruled the New Castle County Division of Police was wrong to claim FOIA didn't apply, but the denial still stood because the County submitted a sworn affidavit that it…
When a Colorado regulatory program's effective renewal legislation passes after the sunset repeal date but during the one-year wind-up, is the program still law?
Yes. Under § 24-34-104(2)(b), a regulatory program continues to operate as law for one year after its sunset date. The legislature can amend or extend it at any point during that year, so the…
Could Beaufort County’s clerk of court also serve on the Technical College of the Lowcountry commission?
No under the 2020 South Carolina AG opinion. It said county clerk of court and area technical-college commissioner were both public offices, so simultaneous service violated the constitutional…
Can a school board hold private executive sessions to discuss school safety, security, or emergency plans under Arkansas FOIA?
No. Act 541 of 2017 (Ark. Code Ann. 6-15-1304) makes school safety/security records confidential, but it does not exempt school-board meetings from the FOIA's open-meetings requirement at Ark. Code…
When a county road department cuts down trees in the county road right-of-way that runs through your land, who owns the firewood?
Trees in a county road right-of-way generally belong to the adjoining landowner who owns the underlying fee, because the county typically holds only an easement. But once the county removes trees…
Can two school board members negotiate with a new superintendent privately, then bring the contract back to the full board for a vote?
Generally no, when the two-member group has been formally tasked with selecting and negotiating. The AG ruled that the Christina School Board's two-member committee that negotiated a…
Did Little Rock have to release a former employee’s resignation letter under Arkansas FOIA?
The AG said Booth’s voluntary resignation letter appeared correctly classified as a personnel record, but she had not seen it and could not decide whether it had to be released. The custodian had to…
Can a Mississippi city give a developer cheap surplus land for condos and count economic benefits as 'good and valuable consideration'?
The AG concluded that the City of Vicksburg could declare three parcels surplus and convey them to a developer under Section 57-7-1 for condominium development as commercial use. Non-monetary…
Can the Texas Appraiser Board let its licensed appraisers skip USPAP standards when doing a federal 'evaluation' instead of an appraisal?
The AG concluded the Board likely cannot. The Texas Appraiser Licensing and Certification Board asked whether it could adopt a rule exempting appraisers it licenses or certifies under Occupations…
Did Bamberg County owe salary and insurance benefits to a council member suspended after indictment?
The 2020 South Carolina AG said a lawfully suspended council member was not entitled to compensation during suspension, including the county’s insurance contribution. It applied a state Supreme…
Could Walhalla ban public possession of firearms and ammunition during an emergency curfew?
The 2020 South Carolina AG said the draft city ban on public possession would likely be preempted by state firearms law if enacted. It did not fit the statute’s narrower exceptions for negligent…
Did the Idaho AG identify any legal problems in the proposed Idaho Medical Marijuana Act initiative that would have legalized medical cannabis under state law through new Chapter 97 of Title 39?
The AG flagged two vagueness concerns, involving a dispensary agent's belief about the allowable amount and property forfeiture. He explained that state authorization would not displace federal…
Can a Mississippi county lower its tax levy for the local junior college below last year's level?
The AG concluded that under Section 37-29-141, a Mississippi county is not permanently locked into 3 mills for junior college support and 3 mills for enlargement, but it cannot reduce its levy from…
How long does the buyer at a Mississippi tax sale have to wait before getting the deed?
The AG concluded that under Section 27-45-3, the redemption period for a Mississippi tax sale is two years from the date of the sale, and a chancery clerk cannot issue a tax deed before that period…
Are Virginia's community policy management teams and family assessment teams required to include a parent representative?
Yes. The word 'shall' in Virginia Code §§ 2.2-5205 and 2.2-5207 makes a parent representative a mandatory member of every community policy and management team (CPMT) and family assessment and…
If a South Carolina city took over fire service after annexation by petition, did it need a service-transfer plan?
The city could elect to take over the district's service in the annexed area. If it did, the AG said the transfer had to follow a statutory plan even though annexation occurred by petition;…
Did Berkeley County’s proposed parade permit ordinance satisfy free-speech protections?
The 2020 South Carolina AG thought most of the draft ordinance was defensible but flagged open-ended information demands and a permit criterion tied to audience reaction. It considered the…
Can a Mississippi county pay an elected official 'leave with pay' under House Bill 1647, and when must constables be paid for state cases the prosecution loses?
The 2020 opinion concluded that elected officials like circuit clerks, chancery clerks, and constables were not 'employees' eligible for administrative leave with pay under House Bill 1647 (the 2020…
Can a Mississippi city hire a private company to take payments on the city's water and sewer bills?
The AG concluded that a Mississippi municipality may contract with a private business to bill and collect water and sewer fees under Sections 21-27-7 and 21-27-11. The AG declined to suggest…
What dollars count when the Mississippi Charter School Authorizer takes its 3% from a charter school?
The AG concluded that the Mississippi Charter School Authorizer's statutory 3% per-pupil allocation under Section 37-28-11 should be calculated on the same dollars that flow to the charter under…
Can a Mississippi county pay 'hazard pay' to its employees for working through COVID?
The AG concluded that a Mississippi county could pay COVID hazard pay only if the incentive was contracted for before the services were performed, set by objective standards, and earned by personal…
Can a Mississippi county pay rent for a district attorney's office that isn't in the courthouse?
The AG concluded that a Mississippi county Board of Supervisors could rent or fund the rental of office space for the district attorney if the Board determined the funding was necessary for the…
Does Delaware FOIA cover a city council president's decision to declare a colleague's seat forfeited and to lock him out of public meetings?
No. The AG ruled the City of Wilmington did not violate FOIA when its Council President sent a letter declaring a councilmember's seat forfeited for residency reasons and barred him from a virtual…
Does Delaware's open meetings law require a state agency to take live public comment at a virtual permit hearing if it lets the applicant give a live presentation?
No. The AG ruled DNREC did not violate FOIA when it ran two 2020 virtual permit hearings (Delaware City Refining and Croda) without live public comment, accepting only written comments. Permit…
Could Berkeley County lease its building to the chamber of commerce for nominal rent?
The 2020 South Carolina AG said no. It treated the chamber as a private organization and concluded the county had to require fair market rent or equivalent monetary value, including qualifying…
Does Mississippi's Fresh Start Act limit the Massage Therapy Board's ability to deny a license based on a criminal record?
The AG found that the Massage Therapy Board's conviction-based licensing statutes exempted it from Sections 73-77-5 and 73-77-7(1). Separately, the petition provision in Section 73-77-9(1) covers…
If a Texas county leaves the Failure to Appear program, can it make DPS lift the driver license holds it requested?
No, not just because the county pulled out of the program. Under Transportation Code chapter 706 (the 'Failure to Appear Program'), a city or county can contract with the Department of Public Safety…
Can a Texas home-rule city sign a contract promising never to try to decertify a utility district's service-area certificate?
Not necessarily, the AG concluded. Senator Brian Birdwell asked whether a home-rule city could agree by contract never to petition the Public Utility Commission to decertify all or part of a special…
Can the City of Texarkana, Miller County, and the Texarkana Public Facilities Board jointly acquire an industrial site through an interlocal agreement?
Yes. The AG reviewed the Interlocal Economic Development Cooperation Agreement among the City of Texarkana, Miller County, and the Texarkana Public Facilities Board, found it met all of the…
Did South Carolina’s emergency crowd-dispersal rule apply to guests or tenants in their own home?
The 2020 South Carolina AG said the statute’s “in their homes” exception depended on whether a person actually treated the place as home, not on ownership. It left individual residency facts…
Which of the new misdemeanor crimes the Georgia legislature created in 2020 should require fingerprinting at arrest?
The AG designated all three reviewed 2020 misdemeanors as fingerprintable: improper sexual contact by a foster parent in the first degree under § 16-6-5.1(b.1) (Romeo-and-Juliet misdemeanor under §…
Can a property held in an LLC qualify for the Arkansas homestead property tax credit?
No to all three questions. An LLC is not a 'person' for purposes of Ark. Code Ann. 26-26-1122's definition of 'homestead.' Property held in an LLC does not qualify for the homestead property tax…
Can a Virginia police officer detain someone just to serve them with a protective order?
An officer cannot detain someone just to serve a civil protective order. The Fourth Amendment requires reasonable, articulable suspicion of criminal activity to support any detention, including one…
Is Kentucky's 100-foot electioneering ban measured from the polling place door or from the end of the line of voters?
From the entrance. The Attorney General concluded that Kentucky's 100-foot electioneering ban in KRS 117.235(3)(a) is measured from the entrance to the polling place, not from wherever the line of…
Can a Delaware city add the name of a Board nominee to a meeting agenda only a few days before the vote, without explaining the late amendment?
The AG found a FOIA violation when Rehoboth Beach added a nominee’s name to an agenda less than seven days before the meeting without stating a reason for the delay. The opinion did not decide…
How fast does a Delaware city have to respond to a FOIA request, and does showing me the file once cover all my future requests for records in that file?
Delaware FOIA generally required a response within 15 business days. The AG found Rehoboth Beach violated FOIA on two parts of Vivari’s February request and his March request for a property file. It…
Can a Minnesota city use city email accounts, the city's social media, or other public resources to push voters to vote one way on a ballot question, especially during a pandemic when in-person meetings are limited?
Public money may not be spent to advocate for one side of a ballot question, regardless of the pandemic or new technology. The AG could not decide whether Bloomington's city email and social media…
During the COVID-19 pandemic, did Arkansas's absentee-voting statute let voters cast absentee ballots solely because of the pandemic?
The AG declined to interpret the term, because Governor Asa Hutchinson's Executive Order 20-44 (August 7, 2020) and Executive Order 20-45 had already directed that voters who concluded attending the…
Does a Texas county court at law judge's minimum salary include the longevity pay a district judge in the county receives?
Yes, the AG concluded. Montgomery County's auditor asked how to calculate the minimum salary of a county court at law judge with twelve or more years of accrued service under Government Code section…
When a county wants to use a privately built jail to hold its inmates, does Arkansas's competitive bidding law apply, and how long can the contract run?
AG Rutledge declined to decide whether a particular corrections contract could avoid competitive bidding. She described statutory exceptions for listed professional services and for other…
Did an attempt to deliver contraband to a South Carolina prisoner have to occur on prison property?
No under the 2020 South Carolina AG opinion. It said the attempted-delivery statute focused on prisoners under Corrections jurisdiction and made prison-property location no element, although…
Could South Carolina transit-authority board seats reflect member contributions rather than population?
No under the 2020 South Carolina AG opinion. It said a regional transit board’s seats were apportioned by population, while joining an authority required the statutory procedure and board approval.…
Can a Florida city ban the sale of vaping devices completely, or at least raise the legal sale age from 18 to 21?
A complete ban is preempted by section 775.082, Florida Statutes. But a Florida city can prohibit the sale of vaping devices to persons aged 18 to 20 (effectively setting a local age-21 minimum), as…
Can a Delaware public body charge me for the staff time it takes to redact exempt information from records I requested?
No. The AG ruled the Wilmington Neighborhood Conservancy Land Bank violated FOIA when its $640 cost estimate included a charge for staff time spent reviewing whether portions of records were exempt.…
Can a Texas school district sign a long-term ground lease letting a private company develop surplus school land for non-school uses?
The AG concluded that a Texas independent school district may lease its real property to a private entity under the common law, even for noneducational uses, as long as the lease does not interfere…
Can a Texas local government buy SBA Paycheck Protection Program (PPP) loans as an authorized public-funds investment?
Generally yes, the AG concluded, with two important qualifications. The Public Funds Investment Act lets covered Texas public entities invest in obligations that are unconditionally guaranteed or…
Does a Texas professional employer organization (PEO) need a money transmission license to pay its clients' employees?
No, the AG concluded. A professional employer organization, the kind of company that takes over payroll, taxes, benefits, and HR for a client business, is already licensed under chapter 91 of the…
Are a Texas search warrant, its return, and the property inventory public records the district clerk must release during an open investigation?
The AG concluded that these documents are not covered by the Public Information Act, because a district clerk holds them on behalf of the judiciary, which the Act expressly excludes. Access is…
Does a public-trust redevelopment authority created by Arkansas counties and cities get the same tort immunity that political subdivisions enjoy under Ark. Code Ann. 21-9-301?
Yes to both. The AG concluded the Fort Chaffee Redevelopment Authority Public Trust likely qualifies as a 'political subdivision' (or an extension of one) under Ark. Code Ann. 21-9-301, which gave…
During the 2020 absentee-heavy election, could political party representatives or campaign 'challengers' attend meetings of Minnesota county and city absentee ballot boards to observe and challenge the acceptance of individual absentee ballots, the way they can challenge voters at polling places?
No. The opinion concludes that Minnesota’s challenger statutes give challengers no role or authority in ballot-board proceedings. It does not decide whether a person may observe a meeting without…
How did South Carolina evaluate good moral character for an insurance producer license?
The 2020 South Carolina AG said the insurance department had to make a case-specific character finding. Relevant dishonest conduct and convictions mattered, but a pardon or conviction alone did not…
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