State AG Opinions
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If a NC EMS responder withholds CPR based on a Do Not Resuscitate (DNR) order, are they protected from being sued?
Yes, but on different legal grounds depending on which version of the DNR order was used. The NC Medical Society's Bioethics Committee developed a Model DNR Order with both a statutory form (compliant…
Is Texas's $25 fee for paying criminal fines over time constitutional, and who has to pay it?
Senator Rodney Ellis asked whether the new $25 'time payment fee' (Government Code section 51.921), charged to a convicted defendant who chooses to pay a fine, court costs, or restitution over time in…
Does Texas's freeport property-tax exemption still apply if a manufacturer sells its goods to another in-state company before they leave the state?
Senator Bill Ratliff asked about Alliance Compressors, a Texas company that makes air-conditioning compressors and sells them to Trane, another in-state company, which builds them into air conditioner…
Could former officers, employees, or governing-board members of a Texas taxing unit serve on an appraisal review board?
For appointments from January 1, 1998, the opinion read section 6.41(c) to bar former governing-body members, officers, and employees of any taxing unit from appraisal review boards in counties over 3…
Can a Minnesota county use money from its forfeited-tax-sale fund to buy four-wheel-drive pickup trucks for its land commissioner to manage 74,000 acres of tax-forfeited timberland?
Yes, qualified. The AG concluded that the 1967 amendment to Minn. Stat. § 282.09, subd. 2 expanded the permitted uses of the forfeited-tax-sale fund to include equipment acquisition and maintenance, s…
Can a Texas adult probation department refuse to supervise a teenager who was convicted of perjury in criminal court?
The Frio County Attorney described a situation where a 16-year-old was tried in criminal court (not juvenile court), convicted of perjury, given a suspended jail sentence, and placed on community supe…
Can a Texas county juvenile probation board enter contracts and spend money without the commissioners court's approval?
The El Paso County Attorney asked whether the county's juvenile probation board could contract and authorize expenditures for the juvenile department without going through the commissioners court. The…
If New York town voters approve restoring a town justice office at a special election before December 31, can the justice already elected at the November election fill the post, or must a new election be held in 1999?
A new election is required, and the term is four years starting January 1 after that election. The AG concluded that because no timely petition was filed against the town board's August 1997 resolutio…
Does the State of Texas have to pay court filing fees and service fees up front when it sues?
The Williamson County Attorney's office relied on a 1982 opinion (MW-447A) for the rule that the State of Texas does not have to pay filing fees and service-of-process fees in advance, but sheriffs an…
How does Oregon's Measure 50 property tax framework treat the expiration of enterprise zone and key industry exemptions?
Yes. Expiration of enterprise zone and key industry development exemptions counts as 'disqualification from exemption' under Article XI, section 11(1)(c)(E), restoring assessed value via the ratio-bas…
If a North Carolina Property Tax Commissioner's brother sits on a county board of commissioners, can the PTC member hear property-tax appeals from that county where his brother voted on the underlying tax decision?
No. The AG concluded that this is a direct family conflict of interest and the PTC member must recuse himself from any appeal involving a decision in which his brother participated. The quasi-judicial…
Under the 1997 NC Excellent Schools Act, when a career teacher chooses to skip the case-manager hearing and have his dismissal appeal heard directly by the school board on documents, what evidence may actually be considered?
The board's record includes the superintendent's recommendation and grounds, documentary evidence (defined broadly to cover pre-existing documents and documents prepared specifically for the hearing s…
Can a NC public hospital keep a non-medical-malpractice settlement agreement confidential, even when the agreement itself says it must stay confidential?
Almost no. G.S. § 132-1.3 makes settlement documents involving state agencies (including public hospital authorities) public records, with a narrow carve-out for medical malpractice settlements. The c…
Does a sex offender treatment provider have to report suspected child abuse even if the information is old or incomplete?
Texas Family Code section 261.101(a) requires anyone who has cause to believe a child has been abused or neglected to report it immediately. The Council on Sex Offender Treatment told the Attorney Gen…
Does Texas have to pay legal costs for a volunteer who gets sued for work they did for a state agency?
Civil Practice and Remedies Code chapter 104 makes the state pay damages, court costs, and attorney fees for certain people sued over work they did for the state, and also makes the Attorney General d…
Can a New York county copyright its informational pamphlets (like 911 brochures or food stamp guides) to stop a county legislator from reprinting them with added advertising for his private business?
Yes. The AG concluded a county can register a copyright under the federal Copyright Act for its informational pamphlets. Federal law preempts state common law for equivalent rights (17 USC § 301), and…
Does a city's advisory board have to give public notice of its meetings even if it hasn't taken any formal action yet?
Yes, under the law as it stood in 1997. The AG found that Wilmington's Residency Review Board violated FOIA's open-meeting notice rules by holding five meetings with no public notice or agenda, even t…
Can the same person serve as both town comptroller of a New York town and village treasurer of a village located partly within the same town?
Yes. The AG concluded the positions of town comptroller and village treasurer are compatible, even though four-fifths of the village is located in the town. Each officer performs duties for a separate…
Does a New York district attorney have to prosecute every violation of a village's local laws, or can the DA delegate that work to village officials, especially when there's a conflict of interest?
The DA does not have to prosecute every village local law violation. The AG concluded that under People v Van Sickle and People v Czajka, a district attorney has wide prosecutorial discretion and can …
Can a New York town pass a local law removing zoning board of appeals or planning board members who miss three meetings a year, and does the law need a hearing before removal?
Yes to attendance requirements, no to removal without a hearing. The AG concluded Town Law §§ 267(9) and 271(9) authorize towns to set minimum attendance requirements by local law. Removal for failing…
Can a Texas county change a tax abatement deal by removing land from a reinvestment zone?
Texas counties can offer property tax breaks to spur development by designating a 'reinvestment zone' and then signing tax abatement agreements with property owners inside it, all under Tax Code chapt…
Can the Director of the North Carolina Division of Aging keep serving on the Parks and Recreation Authority after starting that director job, or do the dual-role rules force her to choose between the two?
Both roles are allowed. G.S. § 128-1.1 permits two concurrent appointive positions, and the duties of the Division of Aging (aging-related programs and Home and Community Care Block Grant administrati…
After North Carolina's 1997 reform of the State Personnel Act, what happened to RIF priorities, where did personnel directors fit in the exempt-position scheme, and could job applicants sue over political-affiliation discrimination?
The AG advised that the new 'most qualified person' definition incorporated existing priority rules (so a minimally qualified reduction-in-force candidate still beat a stronger outside applicant), tha…
Does Oregon's separation-of-functions rule for medical-board investigations reduce the number of votes needed to discipline a licensee?
No. The 1997 amendments did not change the Board of Medical Examiners' voting math. Six of 11 members still had to vote yes for the Board to act, even when some members were disqualified for participa…
Did Houston need its own citywide vote to join the Harris County-Houston Sports Authority?
House Bill 92 (1997) let a county and a city create a sports and community venue district, and a transition clause (section 7) said no new election was needed to do so if the voters 'of the county in …
What power does the Houston City Council have over the Houston-Harris County Sports Authority?
Houston and Harris County jointly created the Houston-Harris County Sports Authority in 1997 under chapter 335 of the Local Government Code to build venue projects like the new downtown ballpark. Sena…
Did Harris County need another public vote before adding hotel and car rental taxes to pay for a new baseball stadium?
Harris County and Houston created the Harris County-Houston Sports Authority to build a downtown ballpark for major league baseball, financed in part by a special hotel occupancy tax and a short-term …
Without state legislative approval, can the New York Governor designate the Urban Development Corporation (Empire State Development Corporation) to administer the federal Small Cities Community Development Block Grant program?
Yes. The AG concluded the Governor has authority to designate the Urban Development Corporation (doing business as Empire State Development Corporation) to administer the Small Cities CDBG program wit…
After a tie vote in a small-town mayoral race was decided by a single provisional ballot, must the county board of elections release the provisional voter's identifying application to the media on request, or does the constitutional right to a secret ballot protect that voter's identity?
The provisional voter's identity is protected. Normally, applications to vote provisionally are public records because they are separate from the ballots and there are enough provisional voters that n…
Could Texas lenders start taking home equity loan applications before the law allowing them took effect?
For most of its history Texas barred lenders from using a home's equity as loan collateral, because article XVI, section 50 of the state constitution shielded the homestead from forced sale. In Novemb…
After Congress took over the DC court system in the 1997 Revitalization Act, did DC's Corporation Counsel still defend DC judges and court employees in lawsuits, and did the DC Settlement and Judgment Fund still pay any judgments?
Yes to both. The 1997 Act federalized the funding of the DC Courts but left their legal status as the District's judicial branch intact. The Office of Corporation Counsel could keep defending DC Court…
After the 1993 amendments to North Carolina's slot-machine statute, are video poker machines still illegal under G.S. § 14-306, or are they exempt as amusement devices?
A video poker machine was legal under the post-1993 version of G.S. § 14-306 if it (1) was used for amusement, (2) involved the use of skill or dexterity (not necessarily dominated by skill), (3) limi…
Can a New York State agency reimburse an employee's attorney's fees for defending a Department of Motor Vehicles license revocation hearing after an on-duty accident?
No. The AG concluded that Public Officers Law §§ 17 and 19 cover only civil or criminal proceedings in state or federal court (plus grand jury appearances under § 19); they do not cover administrative…
Can the State defend and indemnify the Hunter College Foundation, a private not-for-profit fundraising affiliate of CUNY, once it takes ownership of the Roosevelt House?
No. The AG concluded the State has no statutory authority to defend or indemnify the Hunter College Foundation or its employees. Education Law § 6205(1) covers CUNY senior college officers and employe…
Are members of the New York State Independent Living Council (NYSILC) state officers subject to Public Officers Law appointment and quorum rules, and are they entitled to state-funded defense and indemnification under § 17?
Officers yes, defense no. The AG concluded that NYSILC members are public officers (because they exercise sovereign powers of the state by developing and approving the state's independent living plan …
If a New York BOCES district superintendent gets sued for actions in their state-level supervisory role, does the state cover their defense and indemnification under Public Officers Law § 17?
Yes, but only for state-function lawsuits. The AG concluded a district superintendent of a supervisory school district is a state employee covered by Public Officers Law § 17 when sued in connection w…
Can a New York county pass an ethics code amendment barring people appointed to county office by the county legislature from also serving as executive officers (chair, vice-chair, treasurer, secretary) of a political party?
Yes, with legislative findings. The AG concluded the proposed Niagara County ethics code amendment is authorized by General Municipal Law § 806 (which requires every municipality to adopt a code of et…
Does the Butner Planning Council have to submit three new candidate names for Town Manager to the Secretary of Health and Human Services while the position is already filled?
No. Under N.C.G.S. § 122C-403(9), the Planning Council must submit three names to the Secretary only when there is a vacancy in the Town Manager position. While the current Town Manager is in office, …
When a North Carolina school administrative unit gets fined for environmental violations, who gets the money? Does the school get to keep the fine it paid?
No, under any version of the law. Before September 1, 1997, the proceeds went to the General Fund. From September 1, 1997 forward, the new G.S. 115C-457.1 through -457.3 framework routed all such pena…
Does North Carolina's mandatory comprehensive school health education program apply to high school students, and what control do parents and local boards have over its sex-education component?
The mandatory comprehensive school health education program under G.S. § 115C-81(e1) covers only kindergarten through ninth grade. Local boards may add comprehensive sex education at K-9 (after a publ…
Does a SUNY trustee automatically lose her seat after pleading guilty to attempted grand larceny in the fourth degree, even though the crime is only a misdemeanor?
Yes. The AG concluded that the trustee's guilty plea to attempted grand larceny in the fourth degree vacated her office by operation of law under Public Officers Law § 30(1)(e). The crime, although a …
Who decides the qualifications for line officers (captain, lieutenant, fire chief) in a New York fire department: the volunteer fire company in its bylaws, or the board of fire commissioners?
The board of fire commissioners decides. The AG concluded firefighting operations are fire district activities under the exclusive control of the board, not the volunteer company. Line officer qualifi…
Does a New York town justice court clerk have to be a US citizen, or can a non-citizen long-term resident hold the position?
A non-citizen can hold the position. The AG concluded a town justice court clerk is not a public officer but a public employee performing ministerial duties under the direction of the justices. The ci…
Can a New York village install video cameras to monitor its public streets and sidewalks without a warrant?
Generally yes. Warrantless video surveillance of public streets and sidewalks does not violate the Fourth Amendment or Article I, § 12 of the State Constitution because people on public ways do not ha…
Do Texas disabled parking permits still get free parking, or do drivers have to pay at airports?
In 1995 Texas exempted vehicles displaying a disabled parking permit from parking fees and penalties imposed by any governmental unit. In 1997, House Bill 3025 added a new subsection saying the code d…
Can a school board vote to spend money on a new item that wasn't on the posted meeting agenda?
Yes, under the law as it stood in 1997, when the new item grows naturally out of a topic that was already on the agenda. The AG found Cape Henlopen's vote to fund new teaching positions didn't violate…
What does a city council have to do before it can legally close a meeting to the public?
The council violated FOIA, under the law as it stood in 1997, by going into executive session at two meetings without announcing its intent in the agenda, without a public vote to close the session, a…
Can the part-time director of a New York county veterans agency also serve as town supervisor in a town within the same county?
Yes. The AG concluded the positions of director of the Tioga County Veterans Agency and supervisor of the Town of Candor are compatible. Neither is subordinate to the other, and the duties of one (cou…
Does Minnesota law bar news media from photographing juveniles in police custody, and does a county sheriff have jurisdiction to investigate crimes inside cities that have their own police force?
On photos: No, the AG concluded that Minn. Stat. § 260.161, subd. 3(a) prohibits only peace officers from photographing juveniles in custody, not the news media. On jurisdiction: Yes, the county sheri…
Can a North Carolina school district require teachers to report suspected child abuse to a single school-system contact person instead of directly to the county Department of Social Services?
No. Under G.S. 115C-400, the person who has cause to suspect child abuse must report directly to the county DSS Director. A school district may have a contact person to assist with reporting and serve…
Are donations to Oregon's Executive Residence Account tax-deductible as charitable contributions?
Yes. The 1997 opinion concluded that contributions to Oregon's Executive Residence Account, used to maintain the Governor's Residence, were deductible as charitable contributions for both federal and …
Can a North Carolina magistrate be removed from office mid-term if they move out of the county for which they were appointed?
No. Under N.C.G.S. § 7A-171.2(a), county residency is a qualification only 'for nomination or renomination,' not for continuing in office. Once a magistrate is appointed to a two-year term by the seni…
Can a deputy court clerk in Maryland also serve as a state legislator?
The opinion concluded that a deputy clerk of a Maryland circuit court could simultaneously serve as a member of the General Assembly, because a 1990 amendment to the Maryland Constitution had changed …
Who decides how write-in spaces and other ballot details are formatted on paper ballots for New York fire district elections?
The board of fire commissioners. The AG concluded that Town Law §§ 175 and 176 govern fire district elections, but those statutes lack detail on ballot preparation. The board has authority under § 176…
After two South Dakota school districts merged under a reorganization plan that locked in residency requirements for school board members, could the new board dissolve those representation areas on its own? Could voters force the change by petition? And could the board pick a single polling place for the new district?
The board could not act unilaterally, but voters could force a change. The AG concluded that no statute authorized the new board to dissolve residency requirements or representation areas on its own, …
Can a person hold the paid position of fire district master mechanic at the same time as serving as an elected fire district commissioner?
No. The AG concluded the two positions are incompatible. The board of fire commissioners hires, sets pay for, disciplines, and supervises fire district employees (including the master mechanic) under …
Can a New York county set up an administrative tribunal (with administrative law judges) to handle violations of its local electrical code instead of sending those cases to a court?
No. The AG concluded that absent a specific state statute authorizing administrative tribunals to adjudicate violations of local codes, sentencing and adjudication must follow the Criminal Procedure L…
Does a New York town need to hold a referendum before its consolidated sewer district conveys an easement to a private developer like Home Depot?
No. The AG concluded there is no requirement and no authority for a referendum on the conveyance of an easement by a town improvement district. Town Law § 198(12) governs sales and leases of improveme…
Can a New York town attorney's law firm represent the town board's interests in a zoning matter pending before the town's own zoning board of appeals?
Yes. The AG concluded that representing the town board before the zoning board of appeals does not violate General Municipal Law § 805-a(1)(c), because the town attorney is representing the board's pu…
Does a New York county have to defend and indemnify an official sued under General Municipal Law § 51 (the taxpayer-waste statute), and does it matter whether the official is sued in his individual or official capacity?
The duty to defend turns on scope of employment, not on capacity. The AG concluded the county must defend an official when the complaint alleges that the acts occurred within the scope of public dutie…
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