State AG Opinions
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Can a Virginia public employer choose not to revoke VRS pension benefits after an employee's job-related felony conviction?
No. The AG concluded that § 51.1-124.13 of the Code of Virginia gave employers no discretion to decide whether to seek VRS benefit forfeiture once a felony conviction was finally determined to arise f…
Does federal law (Title IX, Clery Act, or due process) preempt Tennessee's UAPA contested-case procedures when a public-college student faces discipline for an alleged campus sexual assault?
The UAPA does not violate the Due Process Clause, and neither Title IX nor the Clery Act preempts Tennessee's UAPA contested-case procedures applied to public-college student discipline for alleged se…
Can a Texas river authority invest public funds in CDs and deposits backed by FDIC insurance or a federal home loan bank letter of credit?
The president of the San Jacinto River Authority asked whether five specific investments would comply with the Public Funds Investment Act and the Public Funds Collateral Act. The AG stressed that the…
Is forensic evidence from an unaccredited Texas crime lab admissible, and what can the Forensic Science Commission require?
The Texas Forensic Science Commission asked the AG several questions about lab accreditation and the admissibility of forensic analysis. The AG explained that courts, not the AG, decide admissibility,…
Which of the new misdemeanor crimes the Georgia legislature created in 2016 should require fingerprinting at arrest?
The AG designated 8 of the 10 reviewed 2016 misdemeanors as fingerprintable: false claims of military veteran status for tangible benefit, deceptive courtroom appearance in a military uniform or with …
Can a city in Arkansas use general fund money to subsidize its firemen's pension fund, and can it raise the Amendment 31 millage rate without holding another election?
AG Rutledge concluded that a city council can use general fund money to subsidize a Local Firemen's Pension and Relief Fund. The council can also raise the Amendment 31 millage rate from .4 mill towar…
Can an Arkansas county attorney petition the State Auditor for abandoned mineral lease proceeds, or only the original holder before transfer to the Auditor?
AG Rutledge concluded that the Auditor of State is not a 'holder' under Ark. Code Ann. § 18-28-403(a)(2)(A). A county attorney's petition for abandoned mineral proceeds held under court-receiver lease…
Does Tennessee's campus-carry exemption that bars employee-handgun-carry in offices providing medical services include dentistry offices?
Yes. Dentistry is a 'medical service' for purposes of Tenn. Code Ann. § 39-17-1309(e)(11)(C)(v)(d). The campus-carry employee exemption that prohibits handguns in hospitals or offices where medical or…
When determining the political composition of a county board of review under Illinois Property Tax Code section 6-15, do you count the office of circuit court clerk as a county office?
No. AG Lisa Madigan concluded the office of circuit court clerk is not a 'county office' for purposes of Property Tax Code section 6-15. To determine the political balance of Bond County's Board of Re…
Did the legislature violate the Arkansas Constitution by adding a substantive premium-tax provision to the State Insurance Department's appropriation bill?
AG Rutledge concluded that Section 29 of Act 871 of 2015, which carved out the insurance premium tax credit so it would not offset taxes from Health Care Independence Program and Arkansas Health Insur…
Can a Tennessee priority school in the Achievement School District add new grade levels on its own?
No. Once a priority school is assigned to the Achievement School District, the school itself has no independent control over its operations and cannot unilaterally add grade levels. The commissioner o…
Why did the Arkansas AG reject Mary L. Berry's December 2016 ballot title for a recreational and medical marijuana amendment that overlapped with the just-approved AMMA?
AG Rutledge rejected Mary L. Berry's submission of a proposed Cannabis Hemp and Recreational Marijuana Amendment because the ballot title failed to explain how the new amendment would affect the recen…
How do property owners remove a board member from an Arkansas Municipal Property Owner's Improvement District, and what 'assessed value' counts toward the two-thirds petition requirement?
AG Rutledge concluded that an Arkansas Municipal Property Owner's Improvement District (MPOID) is governed solely by Ark. Code Ann. § 14-94-101 et seq.; the general municipal-improvement-district law …
When an Arizona statute requires notice 'by mail' to political party precinct committeemen, can email satisfy the requirement?
No. The AG's informal opinion concluded that 'by mail' in A.R.S. § 16-824 means delivery through the postal service. Email is treated separately throughout Arizona law, so notice by email is not enoug…
Can a Texas district attorney use asset-forfeiture money to buy carpet for a county building, and does the commissioners court have to approve it?
The Bowie County Auditor asked whether the district attorney could use asset-forfeiture funds to replace carpet in a county-owned building and whether the commissioners court had to approve it. The AG…
Can the same person serve on a Texas city council and on the board of an overlapping library district at the same time?
A Tarrant County prosecutor asked whether one person could serve at the same time on the Forest Hill city council and on the board of the Forest Hill public library district, where the district sits i…
Can Connecticut grant only the Mashantucket Pequot and Mohegan tribes the right to operate an off-reservation joint casino without losing the slot-machine revenue Connecticut already gets from those tribes?
The AG flagged serious risk on every front. Granting the Tribes an exclusive right could face equal-protection and commerce-clause challenges. Submitting the necessary compact amendments to the federa…
Did the Arkansas AG approve the interlocal agreement between Washington County and twelve cities to continue and expand the regional ambulance authority?
AG Rutledge approved as submitted an interlocal cooperation agreement between Washington County and twelve cities (Elkins, Elm Springs, Farmington, Fayetteville, Goshen, Greenland, Johnson, Lincoln, P…
Can a Tennessee priority school assigned to the Achievement School District add new grades on its own?
No. Once a Tennessee priority school is placed in the Achievement School District (ASD), the school itself has no independent decision-making authority over its operations. The ASD's commissioner of e…
If a California county sheriff dies in office, when does the board hold the next election, who can the board appoint to serve until then, and does that appointee have to meet the same qualifications as an elected sheriff?
When a California county sheriff dies in office, the AG concluded the board of supervisors must appoint a qualified successor within a reasonable time and cannot just leave the chief deputy or other a…
When a California state agency runs a gravel pit or other surface mine, does it have to pay county SMARA fees like any other operator, or does state-on-state fee exemption apply?
Mostly yes. The Attorney General concluded Caltrans must pay Mono County's reasonable costs of annual SMARA inspections and reports on Caltrans gravel pits, but is exempt under Government Code section…
Can a hobbyist fly a drone within 200 yards of a Washington orca, or is that a violation of state law?
The AG concluded that drones are most likely 'other objects' under RCW 77.15.740(1)(a), so flying a drone within 200 yards of a Southern Resident orca whale is most likely unlawful. The statute's broa…
What happens when the Arkansas AG receives a proposed ballot initiative with ambiguous language?
The Arkansas AG rejected the popular name and ballot title submitted by Barry Emigh for a proposed constitutional amendment to authorize the contracting and subcontracting of gambling along with the s…
Can Tennessee ban voters from taking ballot selfies at polling places without violating the First Amendment?
Yes. The interior of a polling place is a nonpublic forum, and Tennessee may restrict speech there as long as the restriction is reasonable and viewpoint-neutral. The bans on phone calls, photos, vide…
Can the Tennessee Governor host a political fundraiser at the Executive Residence, and does the public get to see the Governor's daily schedule?
Yes. Tennessee's 'Little Hatch Act' carves out popularly elected officials, qualified candidates, and the Governor's cabinet and staff, so those people may use state property, including the Executive …
Are a Tennessee city's Facebook posts and citizen comments on a city Twitter feed public records?
Yes. To the extent a municipal social media account is created or maintained 'in connection with the transaction of official business,' the account, the comments on it, and records about who administe…
Can Tennessee deny a public weigher or weighmaster license to a non-citizen who is legally allowed to work in the U.S.?
No. The U.S.-citizenship requirements in Tenn. Code Ann. §§ 47-26-804 and 47-26-1004 likely violate the Equal Protection Clauses of the U.S. and Tennessee Constitutions because they discriminate again…
Do a city council's committees have to give public notice of their meetings under Delaware's FOIA?
Yes, according to this opinion. Delaware's AG ruled that a city council's Electric Committee and Economic Development Committee were both "public bodies" under FOIA because they were created to make r…
Can a Virginia commissioner of the revenue compel a public utility to disclose contractor information for business-license tax purposes?
Yes. The AG concluded that public utilities are not exempt from a Virginia commissioner of the revenue's authority under § 58.1-3109(6) to require information about contractors that may be subject to …
Can a Tennessee state legislator running for Congress move money from his state campaign account into his federal campaign account?
Yes. Tennessee law (Tenn. Code Ann. § 2-10-114(a)(1)) permits an elected state official running for federal office to transfer unexpended balances from his state campaign account to his federal campai…
Can a doctor of osteopathy sign the medical certificate needed for a court-ordered mental health commitment in Texas?
Two state senators asked the AG whether doctors of osteopathy may issue the certificates of medical examination that chapter 574 of the Health and Safety Code requires before a court can order someone…
Would Texas adopting the ABA's anti-discrimination Rule 8.4(g) violate lawyers' constitutional rights?
State Senator Charles Perry asked the AG whether Texas adopting the American Bar Association's new Model Rule of Professional Conduct 8.4(g), which makes it misconduct for a lawyer to engage in harass…
When can a Fort Smith Traffic Control Manager's disciplinary records be released under the Arkansas FOIA?
Yes. The Arkansas AG concluded the custodian's decision to release records of an adverse disciplinary action against Fort Smith Traffic Control Manager Gary Six was consistent with the FOIA. The recor…
When can a Fort Smith city employee's disciplinary records be released under the Arkansas FOIA?
Yes. The Arkansas AG concluded the custodian's decision to release records of a recent adverse disciplinary action against Fort Smith Streets Department Electronics Technician Cody Mathis was consiste…
Do private Tennessee gun sales between two individuals require a background check?
No. Tennessee has no state-law background check or licensing requirement for private, occasional firearm sales between individuals who are not 'in the business' of dealing in firearms. Tennessee defer…
Whose approval does an off-duty Tennessee officer need to direct traffic in a construction work zone for a private contractor?
An off-duty Tennessee officer directing traffic at a private work zone needs approval from their own law enforcement department, not the state Commissioner of Commerce and Insurance. The same statutor…
Can the same lawyer serve as the county fiduciary commissioner and as the attorney to the county commission in the same county?
No. The AG applied the common-law incompatibility doctrine: two government offices are incompatible if the responsibilities of one office can in any manner influence the actions of the public officer …
Can the Arkansas State Police refuse a FOIA request for records of an incident involving one of their officers?
Generally yes, if the records are employee evaluation records. The Arkansas AG could not assess the specific records (not provided) but opined that under Ark. Code Ann. § 25-19-105(c)(1), employee eva…
When a person's employment application at an Arkansas public agency is requested under FOIA, what gets released and what gets redacted?
Mostly yes. The Arkansas AG concluded the records custodian's decision to release a redacted job application of an Arkansas School for the Blind employee was largely consistent with the FOIA. The AG f…
Will the Arkansas Attorney General weigh in on whether Act 109 of 2015 is constitutional when the same statute is already being litigated in court?
No. AG Leslie Rutledge declined to address Act 109 of 2015's constitutionality because the statute was the subject of two pending lawsuits: Opponents of Ordinance 6121 v. City of Hot Springs and Pritc…
Can a New York town shorten the term of office for its planning board members by passing a local law?
Yes. AG Schneiderman's office concluded that a town can use its home-rule authority to supersede Town Law § 271 and impose shorter planning-board terms; the new law applies prospectively unless made r…
Does it satisfy open-meetings law if the people affected by a vote already knew about it, even though the public meeting agenda didn't mention it?
No, according to this opinion. The University of Delaware Board of Trustees voted to revise its bylaws under a vague agenda item ('Additional Resolutions for Board Approval') that didn't mention the b…
Can a school board discuss superintendent interview questions and hiring strategy behind closed doors?
No, according to this opinion. A school board discussed and planned interview questions and next steps in its superintendent search behind closed doors in executive session. The AG found this violated…
Can a Texas city police chief also hold the elected office of constable at the same time?
Hardin County Attorney Rebecca Walton asked the AG whether the City of Lumberton police chief, who had just won election as constable of the precinct where the city sits, could hold both positions at …
Can a Texas county attorney require defendants to donate money as part of a pretrial diversion agreement?
The Brown County Auditor and County Attorney asked the AG about the county attorney's practice of requiring accused people to make 'donations' to the office as a condition of pretrial diversion, with …
Can a New York elected county coroner also serve as the chief investigator for the district attorney's office?
No. AG Schneiderman's office concluded that the offices of elected coroner and chief investigator for the district attorney are incompatible because the coroner must conduct death investigations indep…
Can a New York town's list of licensed dogs be used at the animal shelter to redeem a seized dog instead of requiring the owner to produce the actual license?
Partially yes. AG Schneiderman's office concluded that a consistently and accurately maintained municipal list of licensed dogs can satisfy the statutory 'proof' requirement, but the owner still has t…
Why did Arkansas reject the Arkansas Cannabis Amendment ballot title in 2016?
Rejected. The AG could not certify the proposed Arkansas Cannabis Amendment's popular name and ballot title because the underlying measure was internally ambiguous, especially on tax rates, penalty st…
Can a Virginia sheriff ban guns in every part of a courthouse, including the constitutional officer offices and county admin offices on other floors?
Yes. The AG concluded that the Fauquier County Sheriff may implement a security plan prohibiting weapons in all parts of the Fauquier County Courthouse, including areas occupied by constitutional offi…
When a Virginia school board member is called to active military duty, does the board or the deployed member decide whether to appoint a temporary replacement?
The school board, not the member. The AG concluded that when a local school board member notified the board of his upcoming military deployment, § 2.2-2802 gave the board sole authority to designate a…
Did the Supreme Court's Gobeille decision force Tennessee to stop collecting health-claims data under its All-Payer Claims Database statute?
Yes. The U.S. Supreme Court's Gobeille decision (2016) means ERISA preempts Tennessee's all-payer claims database statute as applied to ERISA-governed self-funded group health plans. Application to in…
Can a public employee's job application be released under Arkansas FOIA over the applicant's objection?
Yes. A public employee's job application is a personnel record under the Arkansas FOIA. The applicant's educational background and work history reflect job qualifications and do not give rise to a cle…
Can a Tennessee charity spend solicited public donations on lobbying or political campaigns?
A Tennessee charity that has to register under the Charitable Solicitations Act can only solicit and spend public donations for 'charitable purposes' (benevolent, educational, religious, philanthropic…
Can Arizona's Board of Technical Registration discipline a 'trained geologist' who is exempt from registration?
Mostly no. The AG concluded that 2016 amendments exempted 'trained geologists' from registration, putting them outside the Board's disciplinary jurisdiction. The Board can still investigate complaints…
South Dakota voters added Marsy's Law to the state constitution in November 2016. The law gives crime victims a long list of rights, including a right to prevent disclosure of information that could be used to locate or harass them. Now state and local agencies are not sure what to do. Can the police still release motor vehicle crash reports to the public, with names and addresses, the way they always have? Can a daily 'crime log' still show street addresses where crimes happened? Can officers still announce addresses and names over radio traffic? Beadle County's State's Attorney asked these questions; here are the answers.
Yes to all three, with a critical condition: the victim must first invoke the right of nondisclosure. The 2016 AG read the Marsy's Law amendment to require unambiguous invocation of victim rights, by …
Can Jackson County use tourist development tax money to pay sheriff and police for law enforcement at a county-built nature center?
The opinion concluded Jackson County could not use tourist development tax revenues to fund regular law enforcement at a nature center, because (5)(b) authorizes facility operations only and (5)(c)'s …
Can an Arkansas county pay for fuel in a constable's private vehicle when the vehicle is used for official duties?
Yes. An Arkansas quorum court may authorize the county to pay for fuel in a constable's privately owned vehicle when the vehicle is used for official duties, either as a 'reasonable expense' under § 1…
If a federal agency is listed as a grantor 'for indexing only' on a foreclosure trustee's deed, is the deed exempt from Virginia grantor's tax?
No. The grantor's-tax exemption in § 58.1-811(C)(4) applies only when a government entity actually conveys real estate. In a foreclosure trustee's deed, the trustee conveys; a creditor listed 'for ind…
Can a Florida fire district raise the firefighter pension contribution rate for employees who have already entered the DROP program?
The AG declined to comment. Retirement benefits are a proper subject for collective bargaining, the affected members had agreed to the increase through the IAFF agreement, and the Fire District had al…
Can an Arkansas school district withhold employee evaluation records from a FOIA request if no final discipline has been imposed?
Yes. Under the Arkansas FOIA, employee evaluation records must be withheld unless the employee was suspended or terminated, the discipline became administratively final, the records formed a basis for…
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