State AG Opinions
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If a stray cat or dog is on my property in Virginia and I call animal control, do they have to take it away?
AG Herring concluded the answer depends on the animal. For an unlicensed dog 4+ months old (or an unlicensed cat where a local ordinance requires cat licensure) on someone else's property, the officer…
Could Nashville's voter-approved local-hire amendment force contractors to use 40% Davidson County workers on city construction jobs?
No. The AG concluded Metro's Amendment 3 conflicted with Tennessee's Contractors Licensing Act, which forbade municipalities from imposing extra requirements on state-licensed contractors or discrimin…
Can a Florida county use tourist development tax money to build a boat ramp and observation platform as part of a nature center?
In a Florida county with fewer than 750,000 people, section 125.0104(5)(b) lets the county spend tourist development tax revenue on a nature center that may include a boat ramp and an elevated observa…
Does Arkansas require veterinarians to form a corporation before getting a license, and is the Veterinary Medical Examining Board allowed to charge an annual review fee?
No to the first; yes to the second. Forming a corporation is not a prerequisite to obtaining a license to practice veterinary medicine in Arkansas. But a license is a prerequisite to engaging in the c…
Can a Texas navigation district reactivate an old property tax to fund port projects without a new voter election?
The AG concluded that the Port Isabel-San Benito Navigation District most likely cannot rely on the 1929 election that created it and approved general property taxes to impose a maintenance and operat…
Do Texas judges have to follow the Open Meetings Act when they meet to appoint a county auditor or probation director?
The AG concluded that neither group of judges is a 'governmental body' under the Open Meetings Act, so neither has to post public notice of these meetings. District judges meeting to appoint a county …
Can a Texas county pay a commissioner's legal bills after he's acquitted of criminal charges?
The AG concluded that nothing requires a county to pay a county official's criminal-defense costs, but the common law gives the commissioners court discretion to reimburse them. Because the Brown Coun…
Can the West Virginia Division of Justice and Community Services do the day-to-day staff work, like data collection, reporting, and monitoring, for the Community Corrections Subcommittee?
Yes. The AG concluded that the Division of Justice and Community Services (DJCS) is not only authorized but obligated by statute to provide staff support to the Community Corrections Subcommittee. Sec…
Can Tennessee's wildlife officers agree to enforce a city or county noise ordinance on public waters as a side gig to their boating-safety patrols?
No. The AG concluded the Tennessee Wildlife Resources Agency had no state-law authority to enforce local noise ordinances. The Interlocal Cooperation Act let agencies pool powers they already had, but…
Can residents of a Washington city that's part of a county library district force a vote to start their own city library?
The AG concluded that a 100-taxpayer petition under RCW 27.12.030 cannot force an election on starting a city library while the city is annexed to a rural library district, because two overlapping lib…
Do Arkansas cities lose fines collected on offenses in their corporate limits when state troopers use electronic tickets, and how do cities get their share when the city has no district court?
The AG concluded that electronic tickets do not change how fines are distributed; e-tickets are an alternative to paper, not a different legal channel. Arkansas Code §§ 16-17-1201 and 16-17-1203 requi…
If a Tennessee church lets a school use part of its property, does the state's no-weapons-on-school-property law apply to the church grounds?
Partly. The AG concluded the law applied only to the portions of church property actually being used by a school, and only while the school was using them. Home schooling was not covered.
Can a Florida mayor who is also personally sued still attend closed 'shade meetings' about the city's lawsuit?
Section 286.011(8) does not bar a mayor who is a voting member of the city council from attending closed 'shade meetings' with the council's attorney about settlement and litigation strategy, even whe…
Could the Tennessee legislature require its own joint resolution before the governor agreed to expand Medicaid under the Affordable Care Act?
Yes. The AG concluded the statute did not violate separation of powers. The governor could negotiate and investigate Medicaid expansion, but could not make any final, binding decision without a joint …
Can a Washington police records clerk accept someone into custody on a walk-in surrender, or does it have to be a commissioned officer?
The AG concluded that accepting a voluntary surrender on a warrant is an arrest, and CrR 2.2(d)(1) limits warrant execution to a 'peace officer.' That term, read together with RCW 9A.04.110(15) and RC…
Can a former Arkansas public employee block release of his personnel file under FOIA just by calling it a privacy invasion?
Not on a blanket objection alone. The AG reviewed the file and concluded most documents were personnel records that could be released, plus one record that was an employee-evaluation record whose rele…
Can Arkansas county sales tax dollars dedicated to detention facilities pay for a district court, and can the county treasurer take a commission on economic-development pass-through funds?
The AG declined to answer the first question because it required fact-intensive interpretation of a local ordinance. On the second, the AG concluded that a county treasurer may not collect a commissio…
Can an Arkansas city police chief serve as an interim city manager at the same time?
Statutorily, yes; under the common-law incompatibility doctrine, probably no in most cases. The full-time-employment requirement that applies to a permanent city manager does not apply to an acting ci…
Can an Arkansas county get state reimbursement for a juvenile probation officer salary even when two different officers each held the position less than a year?
The AG concluded the answer was likely yes. When two certified officers between them filled the same full-time position for a full year and the county paid the full year's salary, the county likely qu…
When does a Florida supervisor of elections count signatures on a petition to create a county charter commission?
When a citizens' petition asks a Florida county to appoint a charter commission, the supervisor of elections should measure the required '15 percent of the qualified electors' as of the date the petit…
Can a Delaware agency refuse to search for emails older than 12 months just because its IT department only retains a year's worth?
No, under the law as it stood in 2015. The AG found that the Delaware Department of Agriculture violated FOIA when it treated its IT department's 12-month email retention as an excuse to stop searchin…
Did the Arkansas AG certify the Little Red Hen Committee's proposed constitutional amendment to limit legislatively-referred amendments to one per session?
Yes, but only after rewriting the popular name and ballot title. The AG substituted 'Reducing Constitutional Amendments Proposed by the General Assembly Under Article 19, Section 22 of the Arkansas Co…
Could Wyoming's Environmental Quality Council adopt environmental rules on its own, or did it always need a positive recommendation from the Department of Environmental Quality first?
It always needed a recommendation. Wyoming AG Peter Michael concluded the Environmental Quality Act gave the Council authority to approve rules only 'after recommendation from the director' of DEQ. Th…
Can a departing Arkansas constitutional officer sign a multi-year contract that binds the next person to hold that office?
The AG declined to give a universal yes or no. As a general rule, a public officer's contracting authority is limited to the officer's own term. But Arkansas Supreme Court precedent allows contracts t…
Can a Virginia local wetlands board take public comment at meetings even when a statute doesn't require a public hearing?
Yes. AG Herring concluded the Suffolk Wetlands Board may permit public comment at meetings whenever it chooses, even when public comment isn't statutorily required, because no law prohibits it and FOI…
When a regional school in Virginia (jointly funded by several school divisions) has leftover money at the end of the year, does the money have to be returned to the participating localities?
No. AG Herring concluded that Va. Code § 22.1-100, which requires reversion of unspent local funds for individual school divisions, does not apply to regional schools. Each regional joint board may ad…
Did the Arkansas AG certify the proposed Self-Defense, Weapons Carry, and Public Safety Amendment?
No. The AG rejected both the popular name and the ballot title. The phrases 'self-defense' and 'public safety' were ruled to be inviting catch-words that gave the voter a built-in conclusion rather th…
Does the carve-out in Ark. Code Ann. § 21-5-406(e)(3)(C) exempt every SEBCO benefit from state oversight, or only the specific plan as it existed on July 1, 1995?
Only the specific 1995 plan. The Executive Director of the Employee Benefits Division can supervise any SEBCO product or plan that was not part of the benefit plan in effect on July 1, 1995. If SEBCO …
Does Arkansas Act 137 of 2015 invalidate the SOGI nondiscrimination ordinances passed by Little Rock, Fayetteville, Hot Springs, Eureka Springs, and Pulaski County?
Yes, in the AG's view. Act 137 expressly preempts the field of antidiscrimination law and bars any city or county from prohibiting discrimination on a basis not already in state law. Because Arkansas …
When a West Virginia sheriff has leftover money in his deputy salary budget, can he pay deputies extra cash for unused vacation, and can the county commission stop him?
It depends on whether the payment is for past or future work. The AG concluded the county commission could refuse to authorize a straight cash-out of accrued vacation time because that arrangement ris…
Can the Arkansas State Police release the internal-affairs investigation file of a former recruit when the events are 15 years old?
No, in the AG's view. The records were employee-evaluation records that met three of the four required elements for disclosure (the employee was terminated, the termination was final, and the records …
Is a niece-in-law a 'relative' under Arkansas's state-agency anti-nepotism statute?
No. The statute (Ark. Code Ann. § 25-16-1001(3)) exhaustively defines 'relative' using the word 'means,' which Arkansas courts read as an enumerated, closed list. The list includes 18 specific relatio…
Can an Arkansas city council member also serve as the city's volunteer fire chief?
It depends on whether the fire chief is a 'volunteer firefighter' within the meaning of Ark. Code Ann. § 14-42-115. The statute permits a volunteer firefighter to serve on the city council and receive…
Did Arkansas Act 746 of 2013 legalize open carry of a handgun without a concealed-carry license?
Largely yes, in the AG's reading. After Act 746, mere possession of a handgun on the person or in a vehicle is not the crime of 'carrying a weapon' under § 5-73-120(a). The crime requires possession p…
What salary threshold triggers executive and legislative approval for an Arkansas state agency hiring a constitutional officer's spouse after the state pay plan was overhauled in 2009?
The threshold was $37,649, the salary that corresponded to old Level 4, Grade 13 just before the 2009 pay-plan reorganization. The Department of Finance and Administration had used that figure consist…
Is a settlement demand letter sent to a Florida city a public record?
Responding informally to the Town of Miami Lakes, the Attorney General's office did not issue a formal ruling but pointed the town to the 2015 Government-in-the-Sunshine Manual, which collects court d…
Can Delaware require political parties to put a 'paid for by' disclaimer on campaign ads without violating the First Amendment?
Yes, according to this opinion. Delaware's State Election Commissioner asked whether she could keep enforcing the state's disclaimer law requiring political parties to label campaign advertisements "P…
Can a Tennessee city council use its charter subpoena power to get investigative records from the Tennessee Bureau of Investigation?
No. State law allows TBI investigative records to be released only with a subpoena or order 'of a court of record.' A city council is not a court of record, so its subpoenas don't meet the statutory t…
Does an Illinois Department of Corrections employee lose his pension if he is convicted of having sexual contact with a person in his prison's custody?
Yes. Attorney General Lisa Madigan concluded that a former Logan Correctional Center employee forfeited his State Employees' Retirement System pension under section 14-149 of the Pension Code after pl…
Does a Tennessee church need to license its volunteer security team under the Private Protective Services Act, even if the volunteers carry guns?
No. Unpaid volunteer church members serving as a security team for their own church are not a 'contract security company' (no business or contract) or a 'proprietary security organization' (no employe…
Does the Arkansas Scholarship Lottery Act's ban on the lottery 'issuing bonds' stop the lottery office from running a self-bonding pool for retailers?
No. The statute's bond prohibition refers to debt instruments, not to performance or surety bonds, so the lottery office could adopt a rule pooling retailer fees in place of surety bonds.
Can a town buy property and expand its town hall without a full public vote, as long as email discussions among a few officials don't involve a quorum?
Largely yes, according to this opinion. Property owners raised eight separate FOIA allegations against the Town of Dewey Beach over its purchase of two properties for a town hall expansion. The AG fou…
When did acts of the 2015 First Extraordinary Session of the Arkansas General Assembly take effect if they carried no emergency clause and no specified effective date?
August 27, 2015. The session adjourned sine die on May 28, 2015. Counting ninety full days from the day after adjournment (the standard 91st-day rule under Amendment 7) made the effective date August …
Did the Arkansas AG approve the 'Curtail Amendments' ballot title for the 2016 measure limiting the legislature to one proposed constitutional amendment per session?
No. The AG rejected the proposal for ambiguities, including unclear language about whether legislative amendments would need a 'heading' or 'ballot title,' who would write or approve it, and a mislead…
Can the Arkansas Workers' Compensation Commission have its surplus trust fund money invested in securities other than certificates of deposit?
Yes, but only during the FY2016 window that the AWCC's 2015 appropriation act opened. The special language in Act 969 of 2015 displaced the usual rule that the State Treasurer first park surplus trust…
Can a West Virginia state college's board of governors give all employees a one-time $500 bonus after the work has already been done, or does the state constitution forbid it?
It depends on whether the employee is under contract. The AG read W. Va. Const. art. VI, § 38 to forbid extra compensation for past work, which made the December 2014 bonus unlawful for the college's …
Do pharmacy benefit managers have to give Texas pharmacies notice before dropping them from a health plan network?
The AG concluded that the Insurance Code's notice-and-review protections for terminated providers can reach pharmacy benefit managers (PBMs), not just the insurers and HMOs the statutes name directly.…
When a Texas town dissolves, can its leftover money and property go to a local nonprofit?
The AG concluded that the former officials who wind down an abolished general-law city may transfer its leftover assets to a local nonprofit corporation, and a court is unlikely to second-guess that, …
Can Texas police impound your car if you can't show proof of insurance?
The AG concluded that any Texas peace officer, including city police, may impound a vehicle when the driver cannot show proof of financial responsibility (auto insurance), as long as the impoundment i…
Can a Texas city hire a private company to enforce handicap parking rules?
The AG concluded that a court would likely say no. Section 681.0101 of the Transportation Code lets a political subdivision appoint a 'person' to file disabled-parking charges, but the AG read 'person…
When a Maine House Speaker sued the Governor in his individual and official capacity, what authorization did the Governor need to retain private counsel at state expense?
Deputy AG Herman authorized Governor LePage to retain Patrick Strawbridge of Consovoy McCarthy Park PLLC to defend Eves v. LePage at $380 per hour, capped at the State's $400,000 self-insurance limit …
Does the West Virginia Constitution's bidding requirement for state printing (Art. 6, § 34) bar the Legislature from leasing printing machines and using its own employees to print bills and the daily journal in-house?
No. The AG read W. Va. Const. art. VI, § 34 as ambiguous on the in-house question but concluded the better reading allows in-house printing. The residual clause expressly applies only to printing 'ord…
Can a Texas school district police chief also serve as a county constable?
The AG concluded that yes, an independent school district's chief of police may hold the office of constable at the same time. Neither the Texas Constitution's ban on holding two civil offices of emol…
Does a Texas county have to pay for a county employee's lawyer in a lawsuit?
The AG concluded that a county is not automatically required to pay for a county official's or employee's private lawyer. Under Local Government Code section 157.901, the county must fund private coun…
Can a Texas county attorney keep a commission on bond forfeiture money?
The AG concluded yes. Under Government Code section 41.005(b), a county attorney who has criminal jurisdiction and represents the state in bond forfeiture proceedings may keep a commission out of what…
Can a Texas county hospital district create and fund a nonprofit physician group?
The AG concluded that the Tarrant County Hospital District may create and fund a charitable physician group under Health and Safety Code section 281.0565(b), as long as the District reasonably decides…
Did the Arkansas AG certify the popular name and ballot title for the proposed 2016 amendment shortening legislative term limits?
Yes for the popular name. The AG substituted and certified a revised ballot title that more precisely described the proposed cap of ten years of total General Assembly service and the repeal of Amendm…
Are Arkansas fifth-grade, sixth-grade, and 'encore' art and music teachers, whose class roster changes through the day, entitled to the same per-teacher classroom funding their grade-level colleagues receive?
Yes. Under Ark. Code Ann. § 6-21-303(b), every pre-K through sixth-grade teacher gets the greater of $20 per student enrolled more than half the day or a flat $500 for the year, so teachers whose clas…
Does Virginia's war-monument protection statute also cover markers placed to highlight a historic building?
No. The AG concluded that § 15.2-1812's anti-removal protection reached only monuments to wars, conflicts, and war veterans. A marker installed to commemorate a building's historical significance fell…
In Arkansas, can a justice of the peace who is willing to perform some civil marriages refuse to officiate same-sex weddings on religious grounds?
The AG said it depends on how an Arkansas court would interpret the new state Religious Freedom Restoration Act and on whether the JP is acting as a civil official or as a registered minister. JPs are…
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