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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…
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…
Did South Carolina open meetings rules cover Department on Aging meetings with regional aging agencies?
The AG said a court would likely treat a quorum of regional area agencies discussing Older Americans Act matters with the Department on Aging as a public meeting. The department would therefore have…
Could an Allendale county tax mapper serve on city council, and could unrelated housemates both run?
The AG concluded that the described mapper and clerk job was employment rather than a public office, so serving on Allendale City Council would not violate the dual office holding rule. It could not…
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…
Could South Carolina counties use the governor’s extraordinary emergency powers during COVID-19?
The AG concluded that the extraordinary emergency powers delegated to the governor were his alone; counties and cities retained ordinary home rule powers. It said an ordinance remained enforceable…
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…
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…
How does Act 1077 of 2019 affect earlier fire district petitions and 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…
What rules must Arkansas DDS follow when expanding developmental disability services in an underserved county?
Policies 1089A and 1089B are APA rules, and the statutes guide DDS's underserved and provider-preference decisions; whether the policies were properly filed is a fact question. The AG did not decide…
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…
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.…
How did South Carolina’s AG say police should enforce emergency gathering law during COVID-19?
The AG advised officers applying Section 16-7-10 to authorize gatherings involving fundamental constitutional protections, even if officials discouraged them. It said enforcement depended on the…
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…
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 said that when a local government body needed a quorum to conduct official business, it could meet entirely by technology only if a statute allowed a remote…
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…
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…
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…
Can a Delaware FOIA request force a state agency to write custom database queries and review thousands of police reports to compile statistics that don't already exist?
No. The AG ruled DELJIS did not violate FOIA when it refused to perform extensive custom programming and manual record review to compile firearm-arrest statistics for Scott Becker. FOIA does not…
Does a Texas county's inmate phone commission go to the sheriff's commissary or the county general fund?
The county general fund, the AG concluded. Washington County's jail used to sell prepaid phone cards through the commissary, which the sheriff controlled. Under a new system, the phone service…
Does a Texas real estate inspector need a plumber's license to do a sewer-line camera inspection?
Likely no, the AG concluded. A real estate inspector's license under Occupations Code chapter 1102 lets the inspector give an opinion on the condition of a home's plumbing systems, and the AG read…
Could a South Carolina farm truck carry donated mulch or take products beyond their first market?
The AG read the 2020 farm truck statute to allow transport of farm processed products, including mulch, beyond the first market and to allow free or donated products. It stressed that farm truck use…
Can a Delaware agency refuse a FOIA request when the records relate to an ongoing administrative proceeding the requester is involved in?
Yes. The AG ruled DNREC did not violate FOIA by denying Gary Myers's request for renewable-energy cost data, because the records pertained to a quasi-judicial Public Service Commission proceeding in…
Can the Tennessee General Assembly pass a law to protect low-income and disabled seniors from losing their homes to property-tax debts or housing evictions?
Yes. Tennessee's General Assembly has plenary legislative authority to protect senior access to housing and provide property-tax relief, subject to U.S. and Tennessee constitutional limits. Article…
Can a Florida county use tourist development tax money to pay airfare and travel costs for travel writers and tour brokers to attend tourism promotion events?
No, the county could not pay industry guests' travel to its promotional events merely because they were invited. The AG read paragraph (9)(c) to require both a meeting with industry representatives…
Can a Delaware school board add a controversial agenda item like a censure vote a few hours before its meeting?
Yes, in narrow circumstances. The AG ruled that adding a board member censure resolution to the agenda seven hours before a meeting did not violate FOIA, because the news story prompting the censure…
Could an active-duty service member who lived in South Carolina join a public charter school board?
The AG said the charter board member had to be a South Carolina resident, determined chiefly by domicile and intent. Nine years stationed in the state, a home and children enrolled there did not let…
Should Chester County follow a 1975 district appointment act despite a special-legislation challenge?
The AG advised following Act 368 until a court declared it unconstitutional. It said a court might find the act valid as transitional home rule legislation because it moved recommendation authority…
Can a Texas city impose its own reporting rules on pawnshops that buy used goods?
Mostly no, the AG concluded. The City of College Station's ordinance made secondhand dealers, including pawnbrokers, electronically report purchases of used property to police and hold the property…
Who sets the salaries for a Texas multicounty court at law's reporter and administrator?
The commissioners courts, not the judge, the AG concluded. The 1st Multicounty Court at Law serves Fisher, Mitchell, and Nolan counties, and its budgeted staff salaries had swung wildly. The Nolan…
Can a Texas school district buy land outside its boundaries to build a school?
Not under an express grant, and the rest is uncertain, the AG concluded. Laredo ISD wanted to replace Cigarroa Middle School but could not find suitable land inside its boundaries, only a parcel…
Can the University of Arkansas at Fort Smith release a former employee's termination and disciplinary records under Arkansas FOIA?
Mostly yes. AG Rutledge concluded UAFS's decision to release the responsive personnel and evaluation records (as redacted) was consistent with FOIA. She declined to opine on whether several…
Can a veterans nonprofit accept a donated state correction center under Act 160 of 2019, then sell or lease back the buildings as condos?
Mostly declined. AG Rutledge declined to opine on V2A's first three questions (about sell-back arrangements, condo designations, and fee assessments) because they require speculation and factual…
Does a Kentucky utility regulation that deducts coal severance taxes when comparing fuel bids violate the Commerce Clause?
No. The Attorney General concluded that 807 KAR 5:056 § 3(5), which tells the Public Service Commission to evaluate utility fuel costs after subtracting any coal severance tax 'imposed by any…
Can a California city council give its own members extra-rich health benefits, what happens if it does, and how does the city recoup overpaid amounts?
The AG concluded a benefit plan keyed to the average salaries of higher-paid managers (and not extended to other staff) violates Government Code sections 53200-53210. Unintentional violations risk…
Can a Texas nonprofit that leases a public building claim the historic rehabilitation tax credit?
Generally yes, with conditions, the AG advised. Texas gives a franchise tax credit for rehabilitating certified historic structures, administered by the Historical Commission and the Comptroller.…
Does Texas regulate a vehicle depreciation benefit product if you pay for it in cash instead of financing it?
No, the AG concluded. A depreciation benefit product is a vehicle add-on that, after a total loss, pays the buyer a credit toward a replacement vehicle equal to the gap between what they paid and…
Could a South Carolina clerk lift a bench warrant after the defendant’s fine was paid?
The AG said a clerk could accept the fine and discharge the defendant, but could not lift a bench warrant on the clerk’s own authority. The issuing court had to lift it or direct the clerk to sign…
Does a Virginia general registrar have to follow the county's personnel policies, and does the county owe the registrar the same annual raises and leave benefits as other county employees?
Mostly yes. The Virginia AG concluded the registrar is subject to the locality's policies and practices, but only insofar as they don't interfere with registrar duties. The locality is not required…
If a Delaware county invokes the litigation exemption sloppily and missed the response deadline, is that still a FOIA violation?
Yes, technically. The Delaware AG ruled New Castle County violated FOIA by failing to give a permitted extension reason and good-faith time estimate when responding to James Owen's FOIA request…
Can a county library use millage tax money to pay rent on its own library building, or to repay the county for renovating it?
Declined. AG Rutledge could not opine on whether the Independence County Library's use of millage funds for rent and renovation reimbursement was lawful, because the answer turns on the specific…
Can the Pine Bluff School District release a teacher's transfer request and application after a blogger files a FOIA request for the personnel file?
Mostly yes. AG Rutledge concluded the Pine Bluff School District's decision to release transfer-related records (as redacted) was generally correct under FOIA. Transfer requests are personnel…
Can Tennessee restore a felon's voting rights conditionally, and revoke them again if the felon falls behind on a payment plan for restitution, court costs, and child support?
Likely yes under Sixth Circuit precedent. Tennessee could require a felon seeking re-enfranchisement to enter a payment plan for restitution, court costs, and child support, and could revoke…
Could Spartanburg school boards raise the county’s 13-mill foundation tax?
The AG said neither the county education oversight committee nor the seven school boards had been given power to raise the 13-mill levy, even if per-pupil funding fell short. It said the legislature…
Did a substantial change to a South Carolina health care cooperation agreement require a new full application review?
The AG said a court would likely accept DHEC’s view that the required "another review" of a substantial change after certification need not repeat the initial application process. The agency had…
Does Delaware FOIA reach the Delaware River and Bay Authority's executive sessions?
No. The Delaware AG dismissed the petition, ruling the Delaware River and Bay Authority is a bi-state entity created by interstate compact between Delaware and New Jersey. Neither state can…
Could a requester with a California mailing address compel Delaware Agriculture to release AAFCO emails and FOIA logs?
No violation on this record. The AG said Delaware FOIA permits denial of requests from noncitizens. Harrington gave a California mailing address, and the only evidence he submitted indicated he was…
Does a Kentucky legislator have to abstain from a vote if a family member owns stock in a company the bill could affect?
No. The Attorney General concluded that House Speaker David Osborne was not required by Section 57 of the Kentucky Constitution to abstain from voting on House Bill 137, the 2020 sports-wagering…
Who sets the background-check fee for a Virginia concealed handgun permit application: the county board of supervisors or the sheriff?
The sheriff (or the State Police), not the county board. The Virginia AG concluded that under Va. Code § 18.2-308.03, only the sheriff (up to $35) and the State Police (up to $5) have discretion…
Could a city police officer join Greenville County’s drug unit without holding two public offices?
The AG said serving in the county drug unit added duties to the municipal officer’s existing job rather than creating a second office. Under the described mutual aid agreement, the officer had…
What did the Missouri AG decide about the ballot summary for the version 3 renewable energy initiative filed by James Owen in 2020?
AG Eric Schmitt approved the legal content and form of the Secretary of State's summary statement for petition 2020-144 (a parallel version of the Chapter 393 renewable energy initiative). The…
What is the Missouri Attorney General's role when the Secretary of State sends over a proposed ballot summary for a citizen-initiated renewable energy amendment?
Under § 116.334, RSMo, the AG reviewed the Secretary of State's draft summary statement for James Owen's renewable energy initiative (Chapter 393, version 2; petition 2020-143) only for legal…
What ballot summary did the Missouri Attorney General approve for the first version of James Owen's renewable energy initiative?
Attorney General Eric Schmitt approved the Secretary of State's summary statement for Owen's version 1 petition (2020-142). The summary asked voters to amend Missouri law to raise the renewable…
Can a Kentucky county adopt a Second Amendment sanctuary resolution without violating the state firearms preemption law?
Yes. The Attorney General concluded that the proposed Marshall County and McLean County resolutions declaring Second Amendment 'safe harbor' or sanctuary status did not violate KRS 65.870,…
Does the 180-day deadline to fill a school board vacancy apply to the Harris County Department of Education?
Yes, the AG concluded. The Harris County Department of Education is the last Texas county school district still operating under repealed former chapters 17 and 18 of the Education Code, which it is…
Did South Carolina’s health education restriction on discussing same-sex relationships likely violate equal protection?
The AG predicted that a court would likely find the statute unconstitutional under equal protection and urged the legislature to repeal it. The opinion also stressed parents’ statutory opt-out…
Were third-party online payment fees generally finance charges on South Carolina consumer loans?
The AG said third-party payment processor fees would generally count as loan finance charges under the consumer code, following the Department of Consumer Affairs’ interpretation. A fee sufficiently…
Does the AG weigh in when a state agency dispute is already scheduled for an administrative hearing?
No. The AG declined to opine on a constituent's APERS retirement-credit dispute because it was already scheduled to be heard by the APERS Board of Trustees, and the office's longstanding policy is…
Will the AG answer condominium-development questions sent on behalf of a private nonprofit?
No. The AG declined to address questions about a nonprofit's proposed condominium project, calling it private legal advice that state law forbids the office from giving and a fact-bound matter…
Can a city use its advertising-and-promotion tax revenue to fund economic-development services through a chamber of commerce?
Only if the chamber's services fit one of the permissible categories (tourism promotion, conventions, A&P facilities) listed in § 26-75-606. A general subsidy of the chamber is forbidden, and…
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