State AG Opinions
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Why did the Arkansas AG reject the 2018 recreational marijuana ballot title for the True Grass committee?
The AG rejected the revised submission. Berry had deleted large sections of a proposal rejected in Opinion 2017-127, but the AG said deletion alone had not addressed its fundamental shortcomings.…
Did a part time Ravenel town attorney qualify for state benefits as a full time employee?
The Attorney General did not determine the attorney’s benefits eligibility or whether the arrangement was ethical. It directed state health plan questions to the Public Employee Benefit Authority…
Does Delaware FOIA require an agency to let you view records the same day you ask?
No. The AG found the Department of Insurance did not violate FOIA by offering an NAACP official in-person access to its employee manual one business day after the request, since FOIA does not…
Are a county commissioner's personal handwritten notes used to make a motion a public record under Delaware FOIA?
No, if they were prepared for the commissioner's own convenience and not filed with the public body. The AG found a Sussex County commissioner's notes for a zoning motion stayed private even after…
Is a Delaware city off the hook for a late FOIA response if it eventually answers before the AG rules?
No. The AG found Wilmington violated FOIA by missing the 15-business-day response deadline. It required no remediation because the requester later received a response. The opinion did not decide…
Is Bret Bielema's personal services contract with the Razorback Foundation a public record subject to release under the Arkansas FOIA?
Yes, with two redactions. The AG concluded that the personal services and guaranty agreement between former Razorback football coach Bret Bielema and the Razorback Foundation was properly classified…
When a student transfers to a Delaware charter or choice school, does the local 'match tax' money their home district collected follow them?
Yes, unless the Secretary of Education specifically excludes it. The AG found Delaware law requires local match-tax revenue, like funds raised for reading and math resource teachers, to count in the…
Would a Maryland bill allowing college-related child support after age 18 violate equal protection?
The Attorney General concluded that a proposed bill letting equity courts consider support for an adult child's postsecondary education would not violate equal protection. The bill would have…
When Minnesota's lieutenant governor moves up to fill a vacancy elsewhere and the president of the state senate constitutionally takes the lieutenant governor's seat, can that senator continue to hold the senate seat at the same time?
The AG (through the Solicitor General) concluded yes on the first half: by Minn. Const. art. V, § 5, the last elected president of the senate becomes lieutenant governor when there is a vacancy. On…
Can a licensed Texan carry a handgun at church, and do churches pay private security fees for volunteer guards?
The AG concluded that, despite a Penal Code provision that on its face bans handguns at a church, a license holder may carry there unless the church gives effective oral or written notice forbidding…
Does the New York State Deferred Compensation Board have to investigate, monitor, or enforce compliance by local government deferred compensation plans, either generally or after it learns one might be out of compliance?
No. AG Schneiderman concluded that the Board has authority to set the framework rules for local plans but no statutory duty to investigate, monitor, or enforce compliance, even after notice. Local…
When the New York State Comptroller audits the State Education Department and needs access to student records protected by Education Law § 2-d, does the Comptroller have to comply with the law's special rules for 'third party contractors'?
No. AG Schneiderman concluded that the Comptroller's audit authority comes from the State Constitution, not from a contract with the audited agency, so the Comptroller is not a 'third party…
Is it a crime in Tennessee to possess the Kratom plant in its natural, unprocessed form?
No, according to the AG. Tennessee's controlled-substance law (Tenn. Code Ann. § 39-17-452) prohibits only synthetic forms of mitragynine and 7-hydroxymitragynine, specifically those derived from…
Does the South Dakota State-Tribal Relations Committee (created by the Legislature as a forum for issues of mutual concern between the state and tribes) have authority to issue legislative subpoenas to compel attendance of witnesses or production of documents?
No. The State-Tribal Relations Committee is a statutory committee whose authority comes solely from SDCL 2-6-20 et seq. Those statutes do not grant subpoena power, expressly or by necessary…
If our city's police pension fund has been miscalculating retirement benefits for decades by ignoring a statutory cap, does a new 2017 statute force the fund to claw back overpayments going back thirty years, or just go forward?
Going forward only. The AG concluded that W. Va. Code § 8-22-27a required the Morgantown Policemen's Pension and Relief Fund to immediately recalculate every pension that had ignored the…
Is a state agency's public conference a 'meeting' that has to follow Delaware's open-meetings law?
No, if it's just an informational event rather than a decision-making body. The AG found DNREC's invite-only climate and health conference wasn't a FOIA 'meeting' because attendees weren't a public…
Could Little Rock release a former police recruit's personnel records and termination letter under the Arkansas FOIA?
Largely yes for the records the AG reviewed. Most were personnel records; the December 8, 2017 termination letter was the sole employee-evaluation record. The AG found a compelling public interest…
Can a growing Arkansas city increase the number of commissioners on its housing authority board?
No. The AG concluded that Arkansas housing authorities must have five commissioners as fixed by Ark. Code Ann. § 14-169-208(a)(2)(A), and neither the City of Fayetteville nor the Fayetteville…
Can the Arkansas House Speaker withhold a sexual harassment investigation document about a legislator under FOIA?
Yes, for the document reviewed. The AG classified it as an employee-evaluation record solicited to investigate alleged misconduct. Because there had been no suspension or termination, the statutory…
Does a Delaware city violate open-meetings law by using vague or jargon-heavy language on a meeting agenda?
Not automatically. The AG found Seaford's agenda item describing a 'right to work' ordinance in dense regulatory language was still a valid 'general statement' under FOIA, even though it didn't use…
Why was the December 2017 True Grass cannabis ballot title rejected?
The AG rejected the proposed ballot title because the measure's three overlapping periods for marijuana licenses and plant tags were too confusing to summarize fairly. It would take effect in…
Why was the Arkansas Cannabis Adult Use and Regulation Amendment of 2020 ballot title rejected?
The AG rejected the proposed ballot title because it omitted continuing federal marijuana prohibition and gave voters no account of the measure's effects on Arkansas's Medical Marijuana Amendment of…
Does Arkansas's law against running for two offices on the same election date apply to school board candidates?
No, school district offices are not within § 7-5-111's scope. The AG concluded that Act 158 of 2017's addition of 'district' to the statute does not include the office of school-district director,…
Can a Tennessee public school teacher run for a partisan political office while still teaching, or do the state or federal Hatch Acts prohibit it?
Tennessee's Little Hatch Act does not bar a county teacher from running for partisan office if the teacher complies with its restrictions on political activity. The AG noted a federal Hatch Act…
Can a New York county's director of emergency services also serve as the assistant fire chief of a joint fire district located in the same county?
Yes. AG Schneiderman's office concluded the two roles are compatible as a matter of law, because the assistant fire chief reports to the fire district (not to the county), and the duties of the two…
If a New York town wants to convert parkland-located parking spaces from boat-trailer spaces to general municipal parking, does the State Legislature have to pass a special law to authorize the change?
Yes. AG Schneiderman's office concluded that any meaningful change in use of land dedicated to park purposes, including converting boat-trailer spots to general car parking, is a 'diversion' of…
Does Arkansas's Public School Health Services Advisory Committee still have to meet before its statutory term ends?
Yes, and indeed it was required to meet. The AG concluded that the Public School Health Services Advisory Committee, established by Act 935 of 2015, was both authorized and required to meet until…
Can the California AG grant leave to sue in quo warranto to oust two trustees of a small storm-water district, one allegedly appointed by the wrong body and one allegedly not a freeholder?
Mixed. The AG granted leave to sue Sandra Meraz because there is a substantial question whether Water Code Appendix section 13-6 (which assigns vacancy-filling to the county board of supervisors)…
Is the Connecticut National Guard Foundation, Inc. subject to the state-foundation regulatory framework, and is the Governor's authority to use the Connecticut State Guard limited to actual emergencies?
No to both. CNGFI is a 501(c)(3) but its principal purpose is to serve Guard members and their families, not to support the Connecticut Military Department itself, so it falls outside Chapter 47's…
How much can the Arizona Legislature limit or expand the powers of the Arizona Board of Regents through statute?
The Legislature may define the Arizona Board of Regents' powers unless an express or implied constitutional limit applies. Courts have held that Article XI, § 2 bars transferring general conduct and…
Does Virginia's Scenic Rivers Act stop a landowner from damming tributaries of a scenic river, or from grading or timbering land that drains into one?
No. The Virginia Scenic Rivers Act restricts dams and other obstructions only on the designated river or section, not its tributaries (unless the tributary itself is designated). The Act also does…
Are extra meals at a Virginia independent-living facility taxable under local meals tax when residents pay for them separately on top of a monthly fee?
No. Under Code § 58.1-3833, all meals served at an age-restricted apartment complex or residence with a restaurant where meals are included in rental fees are exempt from local meals tax. The…
Does the VCU Health System Authority have absolute sovereign immunity from lawsuits, and is liability capped at $100,000 for employee negligence?
Likely absolute immunity. The AG concluded that the Supreme Court of Virginia would probably hold the VCU Health System Authority is a State agency or arm of the Commonwealth for sovereign immunity…
Could Tennessee public colleges and universities offer in-state tuition to undocumented students if state law gave each institution authority to set its own tuition eligibility rules?
No, according to the AG. Federal law (8 U.S.C. § 1621) makes unlawfully present aliens ineligible for state and local public benefits, including in-state tuition, unless the state legislature passes…
Can a sitting Tennessee state legislator also serve on the Board of Directors of the Tennessee Valley Authority?
No. Article II, section 26 of the Tennessee Constitution prohibits a sitting member of the General Assembly from also holding any office under the authority of the United States, and a TVA Board…
Can a Georgia state law enforcement officer like a state trooper carry their service weapon into a Georgia courthouse, and what about into the actual courtrooms?
Yes for the courthouse building. Under HB 292 (2017), active law enforcement officers including Department of Public Safety officers were authorized to carry their service weapons into any…
Can Delaware's emergency management agency deny a FOIA request by saying the records don't exist in its own files?
Yes, if that's true. The AG found DEMA did not violate FOIA by saying it has no separate local database of military-surplus equipment given to Delaware police departments, since those inventory…
Did Maryland's lead-paint qualified-offer system survive the court's invalidation of landlord immunity?
No. The Attorney General concluded that the qualified-offer and related insurance provisions could not stand apart from the landlord-immunity provisions invalidated by Maryland's Court of Appeals.…
Can an Escambia County commissioner have his legal fees paid from county funds when defending a defamation lawsuit over Facebook posts of pre-election emails?
On the facts presented, no Thornber factor was facially met. The challenged statements were made before the commissioner took office, did not serve a public purpose, did not implicate the county's…
Did the Little Rock Police Training Academy properly handle the FOIA release of CLEST records related to Officer Schiefelbein?
Mostly consistent, with two exceptions. The AG agreed with the Little Rock Police Training Academy's classification of forms and documents sent to the Arkansas Commission on Law Enforcement…
Can a Florida county withdraw from its statutorily designated regional planning council if the interlocal agreement says it can?
No. Section 186.504(5) requires that 'each county shall be a member of the regional planning council created within the comprehensive planning district encompassing the county.' Section 186.512…
Why was the November 2017 Arkansas True Grass cannabis ballot title rejected by the AG?
Rejected. The AG found two threshold problems in the True Grass committee's November 2017 recreational cannabis amendment. First, the proposed ballot title essentially copied verbatim the lengthy…
If Tennessee passed a law letting counties, cities, and towns deposit public funds in a state-chartered credit union, would that violate the Tennessee Constitution's prohibition on local governments becoming stockholders in private corporations?
Yes, under the state-chartered credit union scheme assumed in the opinion. That scheme requires a depositor to become a member and buy a share, making a county, city, or town a stockholder under…
Can a Florida sheriff use Contraband Forfeiture Act proceeds to pay the contractual share of school resource officer salaries each year?
Yes for school resource officer program duties, even when costs recur year over year, because § 932.7055(5)(a) expressly authorizes use for school resource officer programs. No for time officers…
Can a Florida county use tourist development tax revenue to fund a transit system operated by a private company?
Not generally. Section 125.0104(5)(a)3 authorizes tourist development tax revenues for transportation services that have 'as one of [their] main purposes the attraction of tourists.' A general…
Can a Florida county property appraiser disclose an address that is exempt from public-records inspection to a city code inspector serving notice of a code violation?
Yes. A property appraiser may release an exempt-but-not-confidential address to a code inspector seeking to comply with the statutory notice duty in § 162.06. The receiving agency must maintain the…
Can Delaware DOT redact the names of people who report problems through its online road-condition complaint form?
Yes. The AG found DelDOT could redact the names and addresses of everyone who submits a Road Condition Report, treating each submission as a potential civil investigatory file regardless of what…
Why was the 2017 Natural Resource Cannabis Amendment rejected by the Arkansas AG?
Rejected. The AG identified two fundamental defects in Clair Danner's Natural Resource Cannabis Amendment that made any further ballot-title review impossible. First, the proposed measure was 36…
Could Allendale’s consolidation commission continue after town councils voted to opt out?
The Attorney General predicted the commission could continue despite the councils’ advance votes. It expected the commission to keep working unless and until electors of all municipal corporations,…
Can a Delaware county keep the details of an ongoing land-purchase negotiation out of its public meeting minutes?
Yes, while the deal is still active. The AG found Sussex County Council could keep a redacted portion of its executive session minutes about an ongoing land acquisition confidential, since the…
Can a Virginia sheriff assign a deputy to provide full-time security at a community services board facility that serves students from local public schools?
Yes. A Virginia sheriff has authority to assign a deputy to provide full-time security at a community services board facility that serves public school students, because protecting public facilities…
Does Virginia's International Trade Corporation legally exist, and can the Governor appoint its board even though it has no funding?
Yes, but no practical point. The AG concluded that the Virginia International Trade Corporation has had legal existence since December 1, 2016 and the Governor has statutory authority to appoint its…
Can an Arkansas school district donate a vacated school building to a city for free for municipal use?
Possibly, if two conditions are met under Ark. Code Ann. § 6-21-108(b): the school board determines the property is surplus, and the donation serves a beneficial educational service for the…
Can someone serve on an Arkansas school board if her community college salary is partly paid by a grant from the same school district?
Probably yes, but it depends on whether the school district controls her work. The grant funding alone doesn't make her a district employee; the right-of-control test does. The incompatibility…
Can an Arkansas city assign its paramedics to work at a private company in exchange for an hourly fee?
Probably did not violate art. 12, sec. 5 because it was a paid contract, not a donation. But the public-purpose doctrine raised serious concerns: city paramedics serving a private mill outside the…
Can an Arkansas firefighter who retired and draws a pension still serve as Fire Chief without losing benefits?
Yes, but only without compensation. Under Ark. Code Ann. § 24-11-818(f), a retired firefighter can stay involved in the department and keep drawing pension benefits as long as they don't receive…
Does Tennessee law let a city pay less than half of the cost of reappraising property within the city if the county hasn't agreed, and can the county assessor withhold the city's tax rolls if the city refuses to pay its share?
No on both. Under Tenn. Code Ann. § 67-5-1601(c)(2), a city must pay one half of the local costs of reappraisal of property within the city unless the city and county agree on a different amount;…
Can a school district release a public employee's job application under Arkansas FOIA after redacting personal contact info?
Yes. After reviewing both versions of the application, the AG found that Little Rock School District's decision to release the redacted copy complied with FOIA. The opinion reports the custodian's…
Could South Carolina’s technical college board take over a college’s finances when a deficit was projected?
The Attorney General said the state board had budget and financial accountability powers, including the ability to reject budgets that violated those rules. Without a specific takeover statute, it…
Can a Texas county appraisal district move a school district's boundary line?
The AG concluded it cannot. A tax appraisal district has no authority to detach property from one school district and add it to another, that process belongs to the school districts and the county…
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