State AG Opinions
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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…
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,…
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…
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,…
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…
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 §…
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…
Can a Florida fire district raise the firefighter pension contribution rate for employees who have already entered the DROP program?
The AG declined to answer whether the contribution increase could apply to firefighters already in DROP. The letter says retirement plans are a proper subject for collective bargaining, the affected…
Can an Arkansas school district withhold employee evaluation records from a FOIA request if no final discipline has been imposed?
Yes, on the facts presented. The AG classified the records as employee-evaluation records and found the custodian’s decision to withhold them consistent with the FOIA because there apparently had…
Can Arkansas nonprofit organizations use inmate labor or community-service workers from local jails and probation?
Mostly no for Act 309 inmates and mostly yes for DCC community-correction offenders. Act 309 inmates are statutorily assigned only to public detention facilities and political subdivisions, so they…
Is a free-to-play promotional sweepstakes with computer terminals legal under Arkansas anti-gambling laws?
Probably legal under the facts described. Because the RMT sweepstakes requires no payment to play and the terminals do not decide who wins or loses, the program does not appear to violate Arkansas'…
Can a Texas community college ban concealed handguns in classrooms where minors attend class?
State Representative Abel Herrero asked whether a junior or community college may prohibit concealed handguns in classrooms and other areas where minors attend or are routinely present. The AG said…
Can the same person serve as both a community college trustee and a county commissioner in Texas?
Brazos County Attorney Rodney Anderson asked the AG whether one person could serve at the same time as a Blinn College board trustee and a Brazos County commissioner, given a 2015 law that let the…
Does Arkansas require child care facilities to have only one CPR-certified staff member on site, or more?
More than one. Ark. Code Ann. § 20-78-210(e) sets a statutory floor of 'at least one' CPR-certified adult on site, but it directs DHS to write the actual licensing rule. The Division's regulation…
Can Arkansas DHS withhold employee records because the FOIA requester might harass employees?
Mostly yes. The AG said the requester’s identity and possible harassment did not justify withholding these personnel records. She required an exposed Social Security number and another employee’s…
When a juvenile lifer is resentenced under Miller v. Alabama, does Arkansas' 70 percent parole rule apply to the new sentence?
The 70 percent law does not apply. A juvenile capital murderer resentenced to a term of years under Miller v. Alabama must serve the percentage of sentence required for a Class Y felony not…
Does a planning commission have to post a meeting notice sign at the property being rezoned, or just at its own office?
No, according to this opinion. A resident argued a planning commission's meeting notice sign at a proposed development site was poorly placed and left neighbors unaware of the hearing. The AG found…
Can a Virginia county adopt an enterprise zone tax-reduction program for a zone in a town that used to be an independent city?
Yes. The AG concluded that § 58.1-3245.8(A) expressly empowered Bedford County to adopt an enterprise zone development taxation program for the zone in the Town of Bedford. The town's earlier status…
Can a Tennessee city pass an ordinance making marijuana possession a $50 civil ticket instead of a criminal misdemeanor?
No. A municipal ordinance making marijuana possession a $50 civil ticket conflicts with Tennessee's Drug Control Act, which makes the same conduct a Class A misdemeanor with mandatory minimum fines…
Can one attorney serve as a code enforcement special magistrate for multiple Florida jurisdictions through an interlocal agreement or sequential contracts without violating the dual office-holding rule?
The informal letter declined to answer the interlocal-agreement question. It said mutually exclusive, intermittent special-magistrate contracts would appear inconsistent with the nature of an…
Can a teacher's suspension and resignation records be released under Arkansas FOIA?
Yes. The records of a school district employee's disciplinary suspension under the Teacher Fair Dismissal Act are releasable under Arkansas FOIA when the employee resigned before the school board…
Can a city director in Arkansas's city administrator form of government also serve as fire chief?
No. The general aldermanic dual-office ban at § 14-42-107(a)(2) probably does not reach city board members in the city administrator form of government. But Ark. Code Ann. § 14-48-110(a)(3) does,…
Does VDOT have to repair a historic brick retaining wall along U.S. Route 50, and if it does, must it follow federal historic-preservation standards?
The AG concluded VDOT has sole administrative discretion over whether to repair and maintain a historic brick retaining wall within its right-of-way along U.S. Route 50 in Aldie. If VDOT chose to do…
Can a Virginia jail inmate be criminally charged with indecent exposure or obscene sexual display for acts committed inside the jail?
Yes, in some circumstances. The AG concluded that a jail may be a 'public place' for purposes of §§ 18.2-387 and 18.2-387.1 when the conduct occurs in an area or under circumstances where the inmate…
Are redactions of a school district employee's job application consistent with Arkansas FOIA?
Mostly. The AG agreed with the personnel-record classification and most redactions, but could not assess the hidden ‘Reason for Leaving’ or a redacted phone number without the unredacted…
Why did Arkansas reject Barry Emigh's Fairdeal Holdings casino-gambling ballot title?
Rejected. Barry Emigh's proposed gambling amendment was sent back because the sponsor swapped the popular name and ballot title labels, the measure claimed to be self-executing while also delegating…
Who counts early voting ballots in Texas, and what happens if a poll watcher is blocked?
District Attorney Wiley McAfee asked the AG three election questions. On the first, whether electronic voting systems must store a 'ballot image' meeting the Election Code's ballot-form…
Why did the Arkansas Attorney General reject Robert Reed’s proposed hemp and cannabis ballot title?
Rejected. Robert Reed's proposed 'Arkansas Hemp and Cannabis Amendment of 2018' could not be summarized fairly because of seven significant ambiguities, including overlapping cannabis/Cannabis…
Can a New York city's charter give the mayor and city council members the power to administer oaths and take affidavits, even if they aren't commissioners of deeds?
Yes. AG Schneiderman concluded that the Auburn City Charter's grant of oath-administering power to the mayor and council members is valid; nothing in Executive Law § 139(1) makes commissioners of…
When a Banning Library District trustee leaves before the term ends, do the remaining trustees fill the seat or does Riverside County Board of Supervisors appoint a replacement?
The remaining Banning Library District trustees fill the vacancy under Gov. Code § 1780. Because the district remained a chapter 3 (school-established) district after the 2005 legislation, Education…
Must a Virginia local electoral board post draft minutes online, or only finalized minutes?
Both. The AG concluded that § 24.2-107, as amended by 2016 Senate Bill 89, requires local electoral boards to post on an official website both draft and final minutes. The cross-reference to §…
Can an insurance company verify which Arkansas providers are registered users of the state's prescription drug monitoring program?
If the requested verification information is part of the controlled substances database, no: the AG said the database is confidential and the custodian cannot disclose it. The opinion did not decide…
After the Arkansas Valley Tech merger into Arkansas Tech, who is eligible for unused sick leave payouts at retirement?
Layered answer. On the merger date (July 1, 2003), section 21-4-501 did not apply to any higher-ed employees. Today, classified Arkansas Tech employees, including former Valley Tech employees, are…
How long must Arkansas keep old election records like financial interest statements and candidate filings?
No fixed time. The AG said the Secretary may choose a reasonable retention period for the listed election records for a legitimate governmental purpose. Litigation-related records must be kept,…
Can an Arkansas city withhold witness statements from an open internal harassment investigation under FOIA, when no suspension or termination has occurred yet?
Yes, on the stated facts. The AG classified the statements taken during the internal investigation as employee-evaluation records and assumed no final administrative resolution had resulted in…
Why did Arkansas reject the first Arkansas Cannabis Amendment ballot title in 2016?
Rejected. The AG could not certify Mary Berry's first version of 'The Arkansas Cannabis Amendment' because the underlying measure was internally ambiguous on 14 distinct issues, including residency…
If I'm the subject of a Little Rock internal investigation, am I entitled to the investigation file under Arkansas FOIA?
Mostly yes. The AG opined that under § 25-19-105(c)(2), the subject of personnel or evaluation records can obtain them even when the public cannot. Portions that are exclusively another employee's…
Did the Arkansas Attorney General certify Thomas Steele’s proposed term-limits title for petition circulation?
Yes. The AG found the proposed popular name and ballot title sufficient and certified them as submitted. This allowed petition circulation; the opinion did not decide whether the measure would…
Can a registered nurse or licensed practical nurse log into Georgia's prescription drug monitoring database in their own right, or only as a delegate of a physician?
Only as a delegate. Registered nurses and licensed practical nurses do not have access to the GAPDMP database in their own right, because they are neither dispensers nor practitioners authorized to…
If a new government committee forgets to post notice of its first meeting, does the meeting have to be redone?
No, according to this opinion. A newly formed state committee admitted it violated FOIA by failing to give public notice of its first meeting. The AG found no remediation was warranted because the…
Does directing a records requester to a public website satisfy a FOIA request if the requester is incarcerated and has no computer access?
Yes, according to this opinion, at least based on what the agency knew at the time. An incarcerated requester asked for campaign finance records, and the State Election Commissioner directed him to…
If meeting minutes show a board voted during a closed executive session, is that automatically a FOIA violation?
Not necessarily, according to this opinion. A charter school's approved meeting minutes appeared to show the board voting on a settlement while in a closed executive session, which would violate…
Can a Texas city remove the board member it appointed to a regional water district before the term ends?
State Representative Jim Keffer asked the AG whether a member city of the North Texas Municipal Water District may remove or replace, at its discretion and with or without cause, a director it…
Did the Arkansas Attorney General certify the proposed Arkansas Cannabis Amendment for the ballot in 2016?
No. AG Leslie Rutledge rejected the proposed Arkansas Cannabis Amendment's popular name and ballot title, identifying at least ten ambiguities in the measure's text that prevented an impartial summary.
If a high school district refuses to transfer credit from a charter school, can the student demand a placement test to earn that credit?
Yes. The AG concluded that once a student enrolls and asks, the high school district must offer the student a chance to demonstrate competency in a subject without taking the class. For high school…
Can a Florida school district open competitive bids electronically through an online procurement system without holding a physical public bid opening?
The AG did not decide whether bids could be opened electronically. Section 1010.04 allows online procurement but still requires compliance with State Board of Education rules. The AG said the State…
Can a Little Rock police officer's job application be released to a FOIA requester after personal contact details are redacted?
Yes. The AG concluded a Little Rock Police sergeant's employment application is a personnel record properly subject to release, and that the custodian's redactions of personal-privacy information…
Can a FOIA requester get the names, salaries, and years of service for University of Arkansas for Medical Sciences employees?
Yes. The AG opined that names, salaries from 2013 forward, and years of service for UAMS Respiratory Care Services employees are personnel records subject to disclosure under Arkansas FOIA.
If a Georgia physician's malpractice insurer pays out under a high-low agreement even after the physician wins at trial, must the physician report that payment to the Composite Medical Board?
Yes. Under O.C.G.A. § 43-34-8(j), every physician licensee must notify the Board of 'any settlement' involving a medical malpractice action. A high-low agreement is a settlement (Black's Law…
Under Arkansas FOIA, which Little Rock Police Department personnel records (names, pay, addresses, dates of birth) can the public obtain?
The AG opined that LRPD properly determined names, race, age, gender, dates of hire, promotions, pay, and pay increases of officers are releasable personnel records. Home addresses, social security…
Can a Tennessee 911 district board automatically remove a sheriff or mayor who serves ex officio if they miss too many meetings?
Yes. Tenn. Code Ann. § 7-86-314(a) says 'any' board member with four consecutive unexcused absences or attendance below 50% of meetings in a 12-month period is automatically removed. The word 'any'…
Did the Arkansas Attorney General approve Barry Emigh's proposed Fairdeal Holdings casino gambling constitutional amendment for the ballot?
No. AG Leslie Rutledge rejected the proposed amendment for fundamental defects: it targeted a non-existent November 14, 2017 election, used an overlong popular name, left the 'local ballot option'…
Can a Texas county spend public money on holiday decorations and literacy programs?
Upshur County Criminal District Attorney Billy Byrd asked the AG whether a commissioners court may spend county funds on holiday lighting and decorations for county buildings and on local literacy…
Can a Florida city amend its charter by ordinance to require council candidates to designate a specific seat before the election, or does that require a referendum?
The opinion confirmed AGO 2010-54: requiring council candidates to designate which seat they seek before the election is a change in the 'manner of election' under § 166.021(4) and can only be made…
Can a Florida special master carry a concealed firearm into the courtroom where they preside?
No. The narrow courtroom-firearm exception in § 790.06(12)(a)5. applies only to constitutionally vested 'judges' (county, circuit, DCA, supreme, federal district, federal appeals). A special master…
Can a Florida hospital district pay a board member's attorney fees for help responding to a public records request?
No. Florida law authorizes reimbursement of attorney's fees to a public board member only when the member is charged with a Sunshine Law violation and is later acquitted (§ 286.011(7)). Where no…
Can one person serve simultaneously on a Florida city planning and zoning board and a county historic preservation board?
The opinion concluded that simultaneous service on the Lighthouse Point Planning and Zoning Board and the Broward County Historic Preservation Board would violate Article II, § 5(a). Both boards…
Can a Florida city pay severance pay above 20 weeks to long-tenured employees, and can it run an early retirement program that exceeds the 20-week severance cap?
The opinion concluded § 215.425(4)(a) caps severance pay at 20 weeks for post-2011 contracts and bars it for misconduct. Pre-July-2011 employees under existing local ordinances are grandfathered.…
Can a Florida county expand a municipal service unit to fund landscaping, signage, and canal maintenance?
Maybe. § 125.01(1)(q) lets counties create municipal service taxing or benefit units for enumerated services and 'other essential facilities and municipal services.' Whether landscaping, signage,…
Can a Florida city use a zoning ordinance to require minimum distances between vacation rentals or to cap the number of vacation rentals per neighborhood?
The AG said spacing rules or caps could prevent eligible units from being rented as vacation rentals. They exceed the city's authority to the extent they have that effect.
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