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If my spouse files FOIA requests and gets denied, can I petition the Delaware AG on her behalf?
No. Delaware FOIA's right to sue or petition belongs only to the citizen who was actually denied records. The four FOIA requests at issue were submitted to Sussex County by Stephanie Lynch, but the…
Can my old job application and resume become public records when I take a job with a county government, and what about my private-sector salary history?
Yes, the application and resume are personnel records that are mostly disclosable. The AG flagged one carve-out: the resume's prior private-employer salary history is highly personal financial…
When a Virginia magistrate orders a state hospital as the place of mental-health detention, can the sheriff sit on the transport for up to four hours while everyone keeps looking for a better bed?
No. The Virginia AG concluded that Va. Code § 37.2-808(O) gives the community services board and the state facility extra time to look for an alternative bed, but it does not authorize the sheriff…
Could South Carolina’s Real Estate Commission discipline a licensee for misconduct while serving a trade association?
The Attorney General said yes, if the conduct fell within the statutory disciplinary grounds. A separate violation of the profession-specific practice act or a particular real estate transaction was…
Does a West Virginia county commission have to pay back the legal fees of a Public Service District board member who successfully defended an ethics complaint, and does it matter that the county dissolved the PSD before the request was decided?
No to both. The AG concluded that a county commission has neither express nor implied authority to reimburse a PSD board member's legal fees, because, unlike with solid waste authorities or planning…
Can a Delaware city council preemptively bar a citizen from speaking at public comment because of profanity used at a prior meeting?
No on these facts. The AG found a FOIA violation when Wilmington barred Dion Wilson from speaking on September 19 based on profanity at a prior meeting, where the City had not removed him. FOIA…
If a Delaware county council posts its meeting notice at 5:35 PM after the building closes, does that violate FOIA's seven-day rule?
No. The Delaware AG ruled Sussex County Council did not violate FOIA when it posted its September 24, 2019 meeting notice at 5:35 PM on September 17, 2019, after the Administration Building closed.…
When a special election has only one unopposed candidate, does the county election board still need to print ballots and run polls, or can they certify the candidate after filing closes?
Under § 7-11-107, the more specific special-election statute, an unopposed candidate can be certified without running a full election. But the board must still wait until after the date set in the…
Can a private company in Arizona use eminent domain to take land for an interstate electric transmission line?
Yes, in principle. A private developer may invoke A.R.S. §§ 12-1141 to -1162 for a transmission line crossing into California, but only if (1) the developer qualifies as an 'authorized corporation'…
Was South Carolina’s underground-utility notification board a public body under FOIA?
The Attorney General said the legislatively created board governing the excavation-notice center was a state board and therefore a public body under FOIA. Public funding offered added support but…
When a Texas city annexes land along a county road, must it annex the whole road too?
Yes, the AG advised, even when the annexation started as a landowner petition rather than a city-driven move. A county attorney asked whether section 43.106 of the Local Government Code, which says…
Can a justice of the peace release arrest affidavits that could identify a child sex-abuse victim?
Not without protecting the child's identity, the AG advised, though the precise reconciliation is a court's call. A criminal district attorney asked whether probable cause affidavits likely to…
Can a Texas city's dangerous-dog ordinance override the state 30-day rule or appeal-bond amount?
Mostly no, the AG advised, because a home-rule city ordinance cannot conflict with state law. A House committee chair asked whether several Dallas City Code dangerous-dog provisions clashed with…
Could one person serve on Orangeburg City Council and the Felton Laboratory Charter School board at the same time?
The Attorney General said simultaneous service would violate South Carolina’s dual-office ban. Under the rule described in the opinion, taking the second office vacated the first by law, though the…
Would a school board be liable under FOIA if a remote member’s security breach exposed closed-session information?
The Attorney General said FOIA alone created no special confidentiality duty for information discussed in executive session, so that fact alone did not create board liability. Other confidentiality,…
Did the Missouri AG approve the ballot summary for DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 1, file 2020-121)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Aull's Article IX petition 2020-121 (version 1). The petition would have authorized the General…
Did the Missouri AG approve the ballot summary for DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 4, file 2020-120)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Aull's Article IX petition 2020-120 (version 4). The petition would have authorized the General…
Did the Missouri AG approve the ballot summary for DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 3, file 2020-119)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Aull's Article IX petition 2020-119 (version 3). The petition would have authorized the General…
Did the Missouri AG approve the ballot summary for DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 2, file 2020-118)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Aull's Article IX petition 2020-118 (version 2). The petition would have authorized the General…
Did the Missouri AG approve the ballot summary for DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 1, file 2020-117)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Aull's Article IX petition 2020-117 (version 1). The petition would have authorized the General…
Did the Missouri AG approve the form of Deirdre Hirner's 2019 Article XIV initiative petition (file 2020-125)?
Yes, as to form. AG Schmitt approved the legal form of Hirner's petition 2020-125 to amend Article XIV of the Missouri Constitution (the article dealing with marijuana). Form approval under §…
When a juvenile is adjudicated delinquent for a serious offense, can a prosecutor send the disposition info to the school district without violating the juvenile's privacy laws?
Yes. Act 647 of 2019 (Ark. Code Ann. § 6-10-133) requires the prosecuting attorney to notify the school superintendent. The 'no release in violation of privacy laws' caveat in § 6-10-133(d)…
If somebody owes personal property taxes in Arkansas and then sells the property, does the tax lien follow the property to the new owner?
Yes. Under Ark. Code Ann. § 26-34-101 the tax lien attaches when the property is assessed and follows the property through subsequent sales. Even a buyer in the ordinary course of business probably…
Once a personal-property tax lien attaches in Arkansas, does it follow the property if it gets sold to someone else, including aircraft buyers?
Yes. Section 26-34-101 makes personal property tax liens follow the property through subsequent sales. For aircraft, the lien must be filed with the FAA's recordation system to keep its priority…
Did FOIA require speakers to submit their topics a day before a county elections-board meeting?
The AG found no FOIA rule requiring the board to publish each speaker’s topic, nor a general FOIA right to speak at its meetings. It advised consulting board policies and listing that public comment…
In a South Dakota county that has adopted a comprehensive plan, can the county commission hear variance requests from the county subdivision ordinance on its own, or does the board of adjustment have to handle them?
The board of adjustment handles them. SDCL 11-2-17.1 carves out a different procedural track only for counties that have NOT adopted a comprehensive plan. Pennington County has one, so SDCL 11-2-49…
Did the Missouri AG approve the ballot summary for James Owen's 2019 Chapter 393 renewable-energy-standard initiative petition (version 4, file 2020-116)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Owen's petition 2020-116 (version 4) to amend Chapters 393 & 386 RSMo. The petition would raise…
Did the Missouri AG approve the ballot summary for James Owen's 2019 Chapter 393 renewable-energy-standard initiative petition (version 3, file 2020-115)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Owen's petition 2020-115 (version 3) to amend Chapter 393 RSMo. The petition would raise…
Did the Missouri AG approve the ballot summary for James Owen's 2019 Chapter 393 renewable-energy-standard initiative petition (version 2, file 2020-114)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Owen's petition 2020-114 (version 2) to amend Chapter 393 RSMo. The petition would raise…
Did the Missouri AG approve the ballot summary for James Owen's 2019 Chapter 393 renewable-energy-standard initiative petition (version 1, file 2020-113)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Owen's petition 2020-113 (version 1) to amend Chapter 393 RSMo. The petition would raise…
Did the Missouri AG approve Charles Hurth's 2019 Article VIII initiative petition (2020-124)?
No. AG Schmitt rejected the petition's form because it failed to bracket deleted matter and underline new matter as required by § 116.050 RSMo. The AG did not check for any other defects. Under §…
When my application is FOIA-released, do they need to redact my ZIP code and any unexplained number next to my name?
Yes. The AG flagged two missed redactions: the ZIP code (a component of 'home address' under § 25-19-105(b)(13)) and any unexplained number that may be the personnel number (exempt as a…
How must a Texas county pay an attorney appointed to fill in for a recused district attorney?
By the county's fixed fee schedule, not an open-ended opt-out, the AG advised, and only an attorney appointed after the DA actually steps aside counts as a pro tem. A county auditor asked several…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for DeeAnn Aull's initiative petition version 2 (20-122)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not describe the initiative's subject; it reproduces the…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for DeeAnn Aull's initiative petition version 1 (20-121)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not describe the initiative's subject; it reproduces the…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for DeeAnn Aull's initiative petition version 4 (20-120)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not describe the initiative's subject; it reproduces the…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for DeeAnn Aull's initiative petition version 3 (20-119)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not describe the initiative's subject; it reproduces the…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for DeeAnn Aull's initiative petition version 2 (20-118)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not describe the initiative's subject; it reproduces the…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for DeeAnn Aull's initiative petition version 1 (20-117)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not describe the initiative's subject; it reproduces the…
After Tennessee's 2019 firearm-definition change, can convicted felons possess antique firearms like black-powder guns?
As a matter of Tennessee law, yes. Public Chapter 279, effective May 2, 2019, removed antique firearms from the statutory definition of 'firearm,' so the state-law possession bans no longer reach…
Can an Arkansas mayor draw both an APERS pension for service as mayor AND the separate mayor's retirement under § 24-12-123?
The AG declined a definitive answer because eligibility depends on facts. A mayor who was subject to the 90-day choice and did not elect the local plan cannot also receive that plan's benefit; other…
Could South Carolina’s State Accident Fund pay disability settlements to Guard members injured during the 2015 flood?
The Attorney General said the 2019-20 military-disability proviso was a valid appropriation the Fund had to follow. It allowed a lump sum or a structured settlement paid for entirely from that…
Could a South Carolina legislator also work as president or administrator of a college?
The AG said a college president or employee generally was not a second public office for dual-office purposes, but no specific job had been identified. Employer policy, ethics rules, and federal law…
Could Charleston amend its zoning supermajority rule with a simple council majority?
The AG said the three-fourths vote rule for certain zoning changes did not itself govern an amendment to that voting rule. If council had enacted the rule by a simple majority, the AG predicted a…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for James Owen's initiative petition version 4 (20-116)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not lay out the initiative's full subject; it reproduces the…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for James Owen's initiative petition version 3 (20-115)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not lay out the initiative's full subject; it reproduces the…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for James Owen's initiative petition version 2 (20-114)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not lay out the initiative's full subject; it reproduces the…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for James Owen's initiative petition version 1 (20-113)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not lay out the initiative's full subject; it reproduces the…
Are an Arkansas teacher's employment contract, license, termination recommendation letter, and resignation letter all releasable under FOIA when someone requests the file?
Contracts and licensure certificates: yes (with redactions). Termination recommendation letter: depends on whether it details performance (evaluation record) or just states the recommendation…
Could DNREC withhold PFAS monitoring records based on the Air Force investigation without showing its own investigative role?
No on this record. The AG found DNREC had not supplied facts establishing an investigative role of its own or otherwise showing that the requested materials qualified for the investigatory-files…
How do I get the AG to actually rule on whether the sheriff's office can release my employment records, instead of just laying out the legal test?
By submitting the actual records and the custodian's specific determinations. Without those, the AG can only set out the legal framework. The substantive answer to whether the records can be…
When a Colorado statute says a state board appoints a division director, but the state constitution says the department head appoints them, who actually has the appointing power?
The department head. Under Colo. Const. art. XII, § 13(7), the head of each principal department appoints division heads in the personnel system, and any statute that purports to give that authority…
Can a joint self-insurance pool pick the lawyer who defends a Washington county against a tendered claim, without the elected county prosecutor's consent?
Generally no. Defending and advising the county are core functions of the elected prosecuting attorney. The pool's authority under RCW 48.62.031(4)(b) does not override that. The opinion identifies…
Could South Carolina officers seize unlawfully grown hemp without a court order after the grower consented?
The AG said no judicial authorization was needed if the grower had validly consented to seizure and destruction and Agriculture notified officers of a willful violation. It did not decide whether…
Could Beaufort County’s school board censure or remove one of its elected members?
The AG said Beaufort’s board could express disapproval of a member who violated its standards, including measures like warning or censure, but could not remove the elected member from office. The…
Did a "Sportsmanship Complaint – Parent" agenda item give adequate notice of a Concord High School lacrosse discussion?
No. The AG found that the item accurately identified the complaint's source but did not adequately identify its subject for interested members of the public. Because the full Board later discussed…
Is a Delaware county 'working group' picked by the County Administrator subject to FOIA's open meeting rules?
Yes. The Delaware AG ruled Sussex County's Buffers and Wetlands Working Group is a 'public body' under FOIA. The County Administrator picked the members, and the group was charged with making…
Does the 2019 Tennessee law that lets only Madison County voters recall school board members, by using a population bracket of 98,200 to 98,300, raise constitutional concerns?
Yes. Without a rational basis tied to population for the Madison-County-only bracket, the law raises serious questions under Tennessee's equal-protection clause and its prohibitions on class…
What counts as a 'note' under Tennessee's Collection Services Act exemption, and does the Collection Services Board have to investigate whether the underlying debt is a note?
'Notes' in the exemption means written promissory notes only, not ordinary credit accounts dressed up as 'written promises to pay.' Reading it broadly would swallow the rest of the statute. The…
Can a Texas jail let a contractor post a bail-bond information signboard inside the facility?
Probably yes, the AG advised, but no law requires the jail to allow it. A state representative asked whether the ban on bail bond sureties soliciting business inside a jail stops a third-party…
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