State AG Opinions
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Can a Washington school district count a full day of parent-teacher conferences as one of the 180 required school days, or does it need a waiver from the State Board of Education?
The AG concluded that a full day of parent-teacher conferences likely counts as a 'school day' under RCW 28A.150.220(5)(a), so no waiver is required. The AG flagged the question as close enough that…
Could an elected school board authorize an unelected school employee to give a trespass notice?
The Attorney General predicted that an elected school board could delegate its school property trespass authority to a person who was not elected. It relied on the trespass statute’s reference to a…
Can a state employee block release of records from her file that don't relate to her suspension under the Arkansas FOIA?
Largely consistent with the FOIA, with one redaction added. The Department of Finance and Administration's decision to release records in response to the news media's request for 'documentation…
Did a noncustodial parent in Oregon have the right to see their child's counseling and therapy records?
Yes, by default. The AG concluded that records from licensed professional counselors and marriage and family therapists qualify as 'psychological' records under ORS 107.154(3), so a noncustodial…
Can a Texas county pay a commissioner's salary out of the road and bridge fund?
The AG concluded it depends on where the money in the fund came from. A county may move property tax revenue out of the road and bridge fund into the general fund and use it to pay a commissioner's…
Can a small Texas city let the chamber of commerce use city workers and equipment for community events?
The AG concluded it can, but only if the city council makes the right findings first. The Texas Constitution's gift clause bars giving away public money or resources for a private purpose. A city…
Can a Texas county leave the county judge out of its longevity pay policy?
The AG concluded a county can, with one condition. A county commissioners court has discretion to decide who gets longevity pay, and excluding the county judge is allowed even if the reason is that…
After Trinity Lutheran, can Virginia localities give grants or contributions to churches and church-affiliated charities, and can a locality be sued for refusing to?
Code § 15.2-953 generally still prohibits Virginia localities from contributing funds, gifts, or donations to charitable institutions controlled in whole or in part by any church or sectarian…
Can a Virginia county and town ban motorboats on private lakes used as their public drinking water supply, and impose penalties for violations?
Yes. Both Pittsylvania County and the Town of Chatham have police-power authority to prohibit the use of internal-combustion-engine watercraft on Cherrystone and Roaring Fork Lakes because the lakes…
Can a former Arkansas city clerk who later became mayor retire as a mayor before age 55 under a generic 'as may be amended' city ordinance?
The AG could not decide eligibility from the stated facts and a generic reference to the retirement statutes. Clerk service could not supply mayoral credit, but the person's earlier city employment…
Does federal ERISA law override Texas rules on small-employer health reimbursement arrangements?
The AG concluded a court would likely say yes, but only for one type of plan. After Congress created the qualified small employer health reimbursement arrangement (QSEHRA) in 2016, the AG read…
Can a Texas water utility agency make a developer limit impervious cover to get water service?
The AG gave a partial answer. A public utility agency created under Chapter 572 can contract with private developers for water service on terms its board considers appropriate, as long as it stays…
Do Tennessee's Rainy Day Fund deposits and withdrawals count as 'appropriations from state tax revenues' for the Copeland Cap?
No, on both questions. Money the State puts into the Rainy Day Fund (the statutory reserve for revenue fluctuation in Tenn. Code Ann. § 9-4-211) is 'allocated,' not 'appropriated,' so those deposits…
Does a Delaware town's executive session agenda have to specify the exact topic, like naming a police department, or can it just cite the legal exemption?
Just citing the exemption is enough. The AG found Dewey Beach's agendas, which only quoted the FOIA personnel and records exemptions, met the minimum notice requirement even though reporters…
Is a meeting between a city manager and university officials subject to Delaware's open-meetings law?
No. The AG found a meeting between Newark's City Manager (a 'body of one') and University of Delaware staff about campus expansion plans wasn't a FOIA 'meeting,' since neither side was itself a…
Can a publicly owned building that serves alcohol prohibit Arkansas concealed-carry license holders from possessing firearms on the premises?
Yes to both questions. A posted, written notice at a publicly owned building licensed to dispense alcoholic beverages, or at a publicly owned facility where beer or light wine is consumed, prohibits…
Does a city council violate Delaware's open-meetings law by holding a press conference without notice?
Not automatically. The AG found a quorum of Seaford's city council attending a press conference about a new ordinance wasn't a FOIA 'meeting,' because the council members didn't discuss the matter…
Is it a FOIA violation if a Delaware town says requested records don't exist instead of formally denying the request?
No. The AG found the Town of Laurel's police department didn't violate FOIA by explaining that two of three requested items simply didn't exist, rather than issuing a formal written denial, since…
Did the Arkansas AG approve the regional crisis stabilization unit interlocal agreement among Pulaski County and seven nearby counties and cities?
Approved as submitted. The interlocal agreement among Pulaski, Saline, Faulkner, Garland, Grant, Lonoke, Perry, and Jefferson Counties and the cities of Little Rock, North Little Rock, Sherwood,…
Why did Arkansas reject the 2018 ballot title authorizing the General Assembly to waive state sovereign immunity?
The AG found the popular name sufficient but rejected the ballot title. It used 'sovereign immunity' without telling voters that a state ordinarily cannot be sued in its own courts or that waiver…
Did the Arkansas Attorney General approve the interlocal agreement renaming Pulaski County's CATA transit system as Rock Region METRO?
Approved as submitted. The interlocal agreement among Pulaski County and the cities of Little Rock, North Little Rock, Maumelle, and Sherwood satisfied the Interlocal Cooperation Act's requirements…
Can the West Virginia School Building Authority use FEMA flood-relief money to buy land for relocating damaged schools, even when its own regulations forbid spending Authority funds on site acquisition?
Yes, very likely. The AG concluded that the Legislature plainly authorized the Authority to administer 'all' federal funds for school construction, with 'construction project' defined to include…
Can a Mountain View, Arkansas city clerk withhold employment applications, drug tests, and background checks under the FOIA?
The AG said completely withholding these categories was likely inconsistent with FOIA, but she had not seen the records and could not decide their release individually. Applications, employment drug…
Can you charge interest on a verbal loan in Arkansas, and does the 17% usury cap still apply?
Yes to all three questions. Arkansas law permits interest on verbal contracts and loans, subject to the constitutional 17% maximum interest rate under Amendment 89, Section 3. Some loan agreements…
Can a school district employee block release of her personnel file under the Arkansas FOIA because the requester has been harassing her?
Her harassment concern alone was not enough to reverse the custodian's decision. The AG said there was no generalized harassment exception and requester motive generally could not control…
Why did the Arkansas AG reject the Arkansas True Grass recreational marijuana ballot title for the second time?
AG Rutledge rejected the second Arkansas True Grass submission for the 2018 recreational-marijuana amendment because the sponsor added back large blocks of decriminalization text that the AG had…
Can Tennesseans carry handguns, rifles, or shotguns in public parks and other government recreational property, and can a city or county forbid it?
Tenn. Code Ann. § 39-17-1311 generally restricts weapons on public recreational property. A valid handgun carry permit allows a handgun only in the parks and specified outdoor recreational places…
Does Tennessee's Alcoholic Beverage Commission have authority to require licensed distilleries to report the names of corporate shareholders and officers, and any change in those?
Yes. Although no Tennessee statute expressly authorizes it, Tennessee's Alcoholic Beverage Commission has the authority by necessary implication to require corporations that own and operate licensed…
Could South Carolina recover crime victim assistance after a victim received uninsured motorist proceeds?
The Attorney General reaffirmed its view that the State could recover assistance above the victim’s full actual losses and expenses despite a conflicting uninsured motorist non-subrogation rule. It…
Did the City of Rogers properly classify and redact a former police employee's personnel file under the Arkansas FOIA?
Mostly, but not entirely. The AG said Exhibits B–D were incident reports to be released in their entirety, not redacted as personnel records. Exhibit S was a resignation letter that should be…
Could South Carolina’s public charter school district set criteria for a school seeking a new sponsor?
The Attorney General concluded that the proposed transfer policy was within the public charter school district’s authority. A charter school needed its current sponsor’s agreement to dissolve the…
Can the Delaware AG resolve a FOIA dispute when the two sides give completely contradictory accounts of what happened at a meeting?
No. The AG found it could not determine whether Dover's Ethics Commission held proper public votes to enter executive session or to dismiss an ethics complaint, because the requester and the…
Can a deputy sheriff stop the release of his 20-year-old personnel records under the Arkansas FOIA?
No, age alone did not let Lira stop release. The AG found the custodian's redacted release of records from his earlier employment largely consistent with the FOIA. She identified page 055 as exempt,…
Are Washington's Ferry Advisory Committees and the Ferry Advisory Executive Committee subject to the Open Public Meetings Act?
The local Ferry Advisory Committees yes, because their advice is a legally required step before the Department of Transportation can change fares or service levels. The Ferry Advisory Executive…
Why did the Arkansas AG reject the 2018 Driving Arkansas Forward casino and highway funding ballot title?
The AG rejected the proposed casino ballot title because ambiguities in the measure prevented a fair summary. It used 'casino' for both a facility and possibly a legal entity, defined permissible…
Can a Florida fire and EMS district raise its ad valorem millage above the special-act-authorized 1 mill cap by board resolution after a one-time referendum?
No. Under Chapter 2005-329, Laws of Florida, and § 191.009(1), the Key Largo Fire Rescue and EMS District has to obtain referendum approval every year it seeks an ad valorem tax above 1 mill. Annual…
Are 6th-grade students at Florida middle schools entitled to school-transportation when there are hazardous walking conditions?
Generally no. Florida's hazardous-walking-conditions transportation mandate applies to public-school students 'whose grade level does not exceed grade 6' only when 6th grade is part of an elementary…
Can a New York village switch from one-vote-per-candidate trustee elections to cumulative voting through a local law, and does the change need a referendum?
Yes on both. The Attorney General concluded that the Village of Port Chester could adopt cumulative voting (where each voter has as many votes as there are open seats and may pile multiple votes on…
Are workplace training assessment reports about city employees public records in Delaware?
No, if they evaluate employees' strengths and weaknesses. The AG found Wilmington could withhold consultant-prepared training reports assessing Public Works employees as exempt personnel records,…
Could a county register of deeds reject a South Carolina tax lien filed on paper instead of electronically?
The Attorney General predicted that a register of deeds could not refuse a paper Department of Revenue document merely because the department should have filed electronically. It declined to decide…
Could South Carolina’s health department continue licensing lay midwives after the medical practice law changed?
The Attorney General saw no reason to abandon its earlier conclusion that the health department could regulate lay midwives under its broad public health powers. It read the medical practice…
Did South Carolina’s exceptional needs education grant violate the ban on direct aid to private schools?
The Attorney General predicted that the grant proviso would survive a state constitutional challenge. It viewed the program as benefiting exceptional needs children, with private schools receiving…
What can happen to an Arkansas city or city official who lies about or stalls a FOIA request?
Arkansas FOIA carries a stack of remedies, not just one. The AG identified civil appeal to circuit court (with attorney's fees and costs in some cases), contempt for ignoring a court order, a Class…
How does an Arkansas county close out a leftover school district account decades after the district was dissolved, and how is the money divided among successor districts?
The AG said the 1987 dissolution statutes most likely determine each successor district's share by its annexed territory's assessed value divided by the former district's total assessed value, both…
Can an Arkansas city reduce or cancel its Amendment 31 police or fire pension millage without a 10% revenue increase, and can a mayor redirect that money to LOPFI?
Yes for rollback, no for redirection. The AG concluded that a city does not need a 10% revenue increase under Amendment 59 to roll back its Amendment 31 police or fire pension tax. Amendment 31…
Can a constitutional agency like the Arkansas Game and Fish Commission skip competitive bidding on a major construction project?
Likely no. Amendment 35 gives the Game and Fish Commission wide authority over wildlife, but the AG concluded the Commission still has to follow Arkansas's competitive-bidding statute (§ 22-9-203)…
Can a Texas school district pay to drive students and staff to the polls?
The AG concluded that, without an educational purpose, paying to transport students to polling places likely violates the Texas Constitution's gift clause, and the same goes for transporting…
Did the Idaho AG flag legal problems with the 2018 historical horse-racing initiative?
Yes. AG Wasden's Certificate of Review warned that wagering on 'historical horse race terminals' (also called 'instant racing') may not qualify as pari-mutuel betting under the Idaho Constitution,…
Could Tennessee constitutionally require a marked driver's license for DUI convicts and ban alcohol sales to anyone bearing such a license?
Such a law would be subject to deferential rational-basis review (DUI offenders are not a suspect class and the statute would not implicate a fundamental right), and the safety interests behind it…
When can Colorado school staff share information about a student with police, parents, or other educators without violating federal student privacy law?
Often. FERPA only covers 'education records', not personal observations, peer reports, or social media posts. Education records can be shared during emergencies, with school officials who have a…
Could online real estate courses count toward a South Carolina license despite a classroom instruction rule?
The Attorney General concluded that online and distance learning could satisfy real estate prelicensing and continuing education requirements. It read the newer distance learning provision together…
Is a state agency's confidential legal advice from its own attorney the same as a public 'Attorney General opinion'?
No. The AG found DNREC could withhold a Deputy Attorney General's confidential legal advice about a proposed land-use partnership because it was privileged attorney-client communication, distinct…
Can Delaware redact addresses and case narratives from an animal control call log released under FOIA?
Yes. The AG upheld DPH's redaction of case numbers, addresses, witness names, and investigative narratives as investigatory material. DPH later conceded that other fields, including officer and case…
Can a Florida fire district levy non-ad valorem assessments against tax-exempt (but not immune) real property within its boundaries?
Yes, generally. Although the North River Fire District's special act limits assessments to 'taxable real estate,' chapter 191, Florida Statutes, supplements that authority and lets the district levy…
Can a Washington mosquito control district charge state-owned property a special assessment for mosquito-control work?
No. The AG concluded that a mosquito control district has no power to assess state property, because RCW 17.28.255 does not expressly include state-owned land and Washington courts require an…
Could Jasper County use local tourism taxes to buy sheriff patrol cars serving tourist facilities?
The Attorney General predicted the county could use local accommodations and hospitality tax revenue for patrol cars if the law enforcement service had a sufficient direct connection to qualifying…
Could a permitted South Carolina hemp grower obtain seed from another state’s pilot program?
The Attorney General concluded that a grower in South Carolina’s industrial hemp pilot program could obtain seed from a qualifying program in another state. It read the then applicable federal…
If a Tennessee judge orders a prosecutor to hand the entire file to defense counsel, can the prosecutor be sued for disclosing confidential records inside it?
Generally no. The AG concluded that a district attorney who discloses confidential or privileged information to defense counsel as a court order requires generally will not be liable. That is not…
Can a city audit committee meet in closed session to protect sensitive information?
No. The AG read 'audit committee' as a subgroup of a city council or board, which makes it a governing body under the Arkansas FOIA. Governing-body meetings have to be public unless one of four…
Does Florida law prohibit a person with an open arrest warrant from purchasing a firearm?
No express prohibition. Florida has no statute or case law that bans firearms transfer to a person solely because an arrest warrant is outstanding. Section 790.065(2)(c)1. does require a…
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