State AG Opinions
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Is a biological half-sibling a 'family member' under Tennessee's Alcoholic Beverage Commission conflict-of-interest rule, even if one of them was adopted out by different parents?
Yes. Half-siblings are family members under § 57-1-108. The statute's list of relatives uses 'including,' which Tennessee courts treat as illustrative rather than exclusive. Nephews and nieces are lis…
If an organization's salaried employee collects ballot-petition signatures as part of their job, does Arkansas law treat them as a 'paid canvasser' subject to the registration and background-check rules?
Yes. An employee who solicits petition signatures as part of their job duties is paid 'in exchange for' soliciting signatures, even if their salary stays the same regardless. They are a 'paid canvasse…
Can an Arkansas city require local candidates to file an extra campaign-finance report before early voting starts, on top of the state-required reports?
Yes. The proposed Bella Vista ordinance, which requires municipal candidates to file a Campaign Contribution and Expense report at least seven days before early voting begins (in addition to state-req…
How is the frozen school tax ceiling for elderly or disabled Texas homeowners figured when the newer tax-compression rules seem to clash with the old two-year rule?
The newer rules win. The AG concluded that for the tax years they cover, the compression adjustment provisions in Tax Code subsections 11.26(a-5) through (a-9) control the calculation of the school-ta…
Can a licensed Texas medical cannabis dispensary move its low-THC inventory between its approved locations before any patient prescription is filled?
Yes, nothing prohibits it. The AG concluded that neither the Texas Compassionate-Use Act nor its associated regulations bar a licensed dispensing organization from transporting its low-THC cannabis in…
Can an Arizona school district that earns money from leasing its land use the proceeds for day-to-day expenses like teacher salaries, or is it limited to capital projects?
It depends on how much bond debt the district carries. Common and high school districts at or below 7% bonded indebtedness (or unified districts at or below 14%) can use lease proceeds for maintenance…
Does working at Wichita State University qualify an employee for Kansas's aviation and aerospace tax credit?
No. The Attorney General concluded that Wichita State University does not meet the definition of a "qualified employer" under K.S.A. 79-32,290(g) for purposes of the Kansas Aviation/Aerospace Tax Cred…
Can a Virginia city require its employees and elected officials to resign before running for office or seeking city employment?
No. Under Virginia's Dillon Rule, a locality may impose restrictions on who holds elective office only if the General Assembly first authorizes it. Article II, § 5 of the Virginia Constitution sets th…
Can my former law-enforcement employer release my personnel file, internal-affairs investigation, and discipline records under FOIA over my objection?
Mostly yes. Administrative records like hire date, transfers, payroll forms, and acknowledgments are releasable as personnel records, with standard redactions for SSN, DOB, contact info, and the like.…
Can someone who signed an Arkansas initiative petition take their signature back later?
It depends on timing. Arkansas common law likely allows a signer to withdraw their name and signature before the petition is filed with the Secretary of State (or before the constitutional or statutor…
When can an Arizona physician perform an abortion under the 'medical emergency' exception, and how close to death does the patient have to be before doctors can act without risking criminal prosecution?
The treating physician decides, using personal good-faith clinical judgment. The patient does not have to be at death's door. If the doctor honestly concludes that an abortion is needed to avert event…
Does terminating and rehiring a Mississippi firefighter restart the 2,800-compensated-hour clock for certification?
No. The 2,800 compensated hours under § 45-11-203(1) are cumulative across all employment, including across different fire departments. Once exceeded without certification or extension, the firefighte…
Is the probable-cause standard for a California grand jury indictment lower than preponderance of the evidence, and when prosecutors instruct a grand jury under Penal Code § 939.8, must they tell the jury it 'should' indict (instead of 'shall' indict) to avoid constitutional problems?
Two answers. (1) Yes, probable cause is a lower standard than preponderance of the evidence. The prosecution has to show enough to support a 'strong suspicion of guilt,' which is below 'more likely th…
Can a Delaware city council privately negotiate the salary in a city manager's employment contract just because they're discussing 'qualifications'?
No. Rehoboth Beach's Board of Commissioners discussed the new City Manager's compensation package in executive session, then voted in open session without explanation. The AG ruled the qualifications …
Can a Delaware school board hold an unannounced executive session about Robert's Rules and vote no confidence in the superintendent?
Yes for two of four claims. The AG ruled the Christina School Board violated FOIA by holding an unannounced executive session on parliamentary procedure (not a permitted purpose) and by failing to age…
Can a Delaware public body approve its meeting minutes via email instead of at an open meeting?
No. The AG ruled the Village of Arden Governance Task Force violated FOIA by approving its December 7, 2023 meeting minutes through serial email exchanges. That email circulation constituted a 'meetin…
Are Delaware's unclaimed-property voluntary disclosure agreement records public, or are they confidential under the escheat statute?
Confidential. The Department of State runs the voluntary disclosure program for unclaimed property. 12 Del. C. § 1174 makes records compiled in the course of voluntary disclosure under § 1173 not publ…
Can the New Mexico judiciary set its own paid-time-off rules that pay out unused leave more generously than the limits the Legislature set for state employees?
No. The judiciary's PTO rules, which let judicial employees cash out far more unused leave than statute allows for other state employees, conflict with the Legislature's payout caps in NMSA §§ 10-7-10…
Can a Mississippi public school district enroll a student who lives out of state under § 37-15-9(2)?
No. Section 37-15-9(2) lets a student moving to Mississippi enroll at the same grade level as their prior out-of-state school, not enroll while still living out of state. The only out-of-state-student…
Can a Mississippi city add a private third party as an additional named insured on the city's liability insurance policy?
No. A Mississippi municipality cannot add a private third party as an additional insured on its liability policy. Doing so would extend Tort Claims Act coverage to a non-governmental entity, which the…
Can a Mississippi town refund municipal fines that a third-party collection agency mistakenly collected from the wrong person?
Yes, through Section 25-1-47's claim settlement authority. The town must determine that the claim is bona fide, just, and that the municipality is legally obligated. Whether this specific situation qu…
If a Tennessee city gives the county school district money for school construction, does the city have to keep funding the schools at that level every year going forward?
Probably not. Tennessee's maintenance-of-effort laws apply only to local education agencies (LEAs) and the local governments specifically obligated to fund them, which is usually the county legislativ…
Does Delaware law force a town to keep police discipline records secret, or to hold a grievance hearing in private?
No on both counts. The AG ruled Georgetown did not violate FOIA when it voluntarily released officer discipline records and schedules; FOIA's exemptions are permissive. And FOIA's executive-session pr…
Can a West Virginia county building commission consent to having an existing nursing-home lease assigned to a private for-profit nursing home operator?
Yes. Building commissions (W. Va. Code § 8-33-4) have plenary authority to lease property 'for public purposes' to whomever they deem proper, with no restriction on for-profit entities. Operating a nu…
Under South Carolina's 2023 bond reform, can a defendant pay a bail premium in installments?
Yes, with $100 down. The Attorney General resolved a dispute between a Greenwood judge and the clerk of court over the 2023 bond reform law (§ 38-53-170(e)). A bondsman must charge a minimum premium o…
Can a Virginia city or county pick its own courthouse security provider instead of the sheriff?
No. Under § 53.1-120, each Virginia sheriff is statutorily charged with ensuring 'that the courthouses and courtrooms within his jurisdiction are secure from violence and disruption' and with designat…
Can the Grand River Dam Authority add private subcontractors as additional insureds on its builder's risk insurance policy?
Yes. GRDA is a self-liquidating state agency that does not draw on Oklahoma's tax revenues, and the Oklahoma Supreme Court (in Sheldon and Kerr) held it is not within the class of agencies subject to …
Can a Texas municipal utility district board fill a board vacancy after the 60-day deadline, and can its elected directors be removed for misconduct by the commissioners court?
Mostly the board keeps the power. The AG concluded the 60-day deadline in Water Code subsection 49.105(a) for a board to fill its own vacancy is 'directory,' not mandatory, so a board can still make a…
Do you need a Texas real estate license to negotiate a wind farm lease on behalf of a landowner for a commission?
Yes, the AG concluded a license is likely required. Occupations Code chapter 1101 requires a real estate license to negotiate a lease of real property for another for compensation, and a wind lease is…
Can a Louisiana parish coroner's office issue bonds to advance future opioid settlement payments?
Yes, with State Bond Commission approval. Louisiana coroners are 'political subdivisions' for purposes of the Local Government Budget Act and the bond statutes, so a coroner's office can issue bonds a…
Can an Arkansas circuit clerk force a title insurance agency to use a third-party online portal (and pay a fee) to access real-property records, instead of obtaining them directly from the courthouse?
No for in-office access, but yes if the agency wants the convenience of an online portal. Section 23-103-417 requires city, county, and state offices to allow title insurance agencies free in-person a…
Was a school district right to withhold teacher personnel files and investigation records under Arkansas FOIA when the suspensions were never appealed to the school board?
The Attorney General could not say. The requester did not provide copies of the records to review. Without them, the AG could only outline the legal framework: personnel records are open unless disclo…
Can my city contract with a school district when one of our city councilmembers also works for that school district?
Yes, in most cases. The Oklahoma Constitution makes it a felony for a city officer to receive personal interest, profit, or perquisite from public funds in their hands. But if the city's contract with…
When is a nonprofit a 'public body' subject to South Carolina's FOIA because it gets public money?
It depends on how the public money flows. The Attorney General concluded the Uptown Greenwood Local Development Corporation is not a FOIA public body just because it gets accommodations-tax (A-Tax) fu…
Does Virginia have to adopt California's Advanced Clean Cars Program II rules for model years 2026 and beyond?
No. Virginia's 2021 Clean Cars Act required the State Air Pollution Control Board to adopt regulations 'pursuant to Section 177 of the federal Clean Air Act' implementing California's then-existing lo…
Does the Arkansas DOC Secretary still have authority to issue a certificate of expungement for someone sentenced under the Alternative Service Act, even though the act was repealed in 1993?
Yes. Even though the Alternative Service Act was repealed in 1993, individuals who were sentenced under it remain eligible for expungement under the version in effect when they were sentenced. The DOC…
Are police body camera videos and cleared misconduct records public under South Carolina's FOIA?
Mostly no. The Attorney General told the Criminal Justice Academy that video and audio recordings can count as public records in general, but body-worn camera footage is specifically not a FOIA public…
Does Tennessee's 2019 statute protecting 'constitutional county officers' apply in Shelby County, where the county charter replaced those offices with new 'county charter officers' in 2008?
Likely not. Shelby County's voters approved a charter amendment in 2008 that abolished the constitutional offices of sheriff, trustee, register, county clerk, and assessor and created parallel 'county…
Can a Louisiana parish police jury legally own and operate a pug mill to produce road-paving material for its own roads?
Yes. Sabine Parish Police Jury may purchase and operate a pug mill for producing oil sand used on parish roads. La. R.S. 38:2212(R) prohibits public entities from owning or operating manufacturing fac…
Must a Chesapeake City Council member resign by June 30 to run for mayor in November under the 2021 election change?
Yes. § 3.02(c) of the Chesapeake city charter requires a sitting council member who decides to be a candidate for mayor 'in such election year' to tender a resignation effective June 30 of that year. …
Can a Mississippi county sell a sidearm to a constable who didn't run for reelection and wasn't vested in PERS?
No. Section 45-9-131 requires retirement under a state retirement system OR 10 continuous years of service. A constable who chose not to run for reelection and didn't vest in PERS qualifies for neithe…
Can an Arkansas bail bondsman or bail-bond company finance the premium for a defendant's bail bond, or own a piece of a company that does?
Bail bondsmen and bail-bond companies cannot finance premiums themselves, because that would violate prohibitions on giving anything of value to the principal and accepting anything of value beyond th…
Can a member of the Texas Opioid Abatement Fund Council vote on grants to organizations they are connected to, or do they have to recuse or resign?
They disclose and recuse, they do not have to resign, and the grant is not automatically void. The AG concluded Government Code section 572.058 applies to the Council's grant awards, so a member with …
Is a voluntary association of Delaware coastal towns subject to open-meetings law?
Yes. The AG ruled that the Association of Coastal Towns, formed by seven Delaware mayors and funded by member dues, is a public body. It violated FOIA by holding meetings without notice or minutes, by…
Can a Mississippi city prepay three years of lease payments for ALPR cameras using a federal grant that must be spent in the same fiscal year?
Probably yes. Prepayment of a multi-year lease is not an unlawful municipal donation if the city receives the leased equipment in exchange. Whether the receipt constitutes good and valuable considerat…
When all justice court judges in a Mississippi county recuse, who appoints the substitute and who pays?
The circuit court judge of the district appoints a substitute justice court judge from another county under Uniform Justice Court Rule 7. The substitute gets reimbursed for expenses under § 25-3-41 on…
Does a Mississippi city have to collect underbilled utility amounts from customers when the city's own error caused the underbilling?
Yes. A Mississippi municipality must collect underbilled utility amounts even when the customer paid the original bill in full as issued. Article IV Section 100 prohibits forgiving real debt, and the …
Can a private watchdog group sue Pablo Bryant in quo warranto to remove him from the Temecula-Elsinore-Anza-Murrieta Resource Conservation District's Board of Directors?
No. The AG denied Government Watchdogs' application for leave to sue Bryant. The AG concluded there was no substantial issue of law or fact about whether Bryant was lawfully holding office, and that a…
Can a current Arkansas city alderman keep drawing a retirement benefit earned as a former mayor while also being paid as alderman?
Yes. Arkansas Code § 21-5-107 only restricts compensation for someone simultaneously holding more than one office. A former mayor who now holds only one office (alderman) can take the alderman pay and…
If an employee of the county State's Attorney's Office runs for a seat on the local school board, does that automatically create a conflict of interest that disqualifies them?
No. SDCL 13-7-3 only disqualifies elected officers or holders of an 'office' whose duties are incompatible with school board service. A Public Information Officer in the State's Attorney's Office is a…
Can the Delaware State Police refuse to release body camera and dash camera footage from a 2023 incident under FOIA?
Yes. The body camera, dash camera, and helicopter footage of a January 2023 police incident, plus the radio communications between the officer and dispatch, fall within FOIA's investigatory files exem…
Can DelDOT charge me hundreds of dollars in staff time to gather right-of-way acquisition spreadsheets, and can it bill me for someone to sit and watch me review the files in person?
Yes, with limits. DelDOT can charge for staff time to identify and compile non-centralized records, and can charge one hour to monitor an in-person file review at the lowest applicable pay rate. DelDO…
Can central Arkansas cities, Pulaski County, and area water utilities renew their joint GIS interlocal agreement under Arkansas's Interlocal Cooperation Act?
Yes. The Attorney General approved the Sixth Restatement and Amendment of the Pulaski Area Geographic Information System interlocal agreement, finding that it satisfies the Interlocal Cooperation Act'…
Can a Mississippi city use automatic license plate readers to issue insurance violation tickets, working with a private vendor and the state's MVIVS database?
Limited yes. § 17-25-19 bans ALPRs paired with traffic signals or radar for traffic enforcement. ALPRs not so paired can be used for criminal enforcement. MVIVS data goes to authorized entities only w…
Can the Mississippi Insurance Commissioner require auto insurers to send driver coverage data daily, and can a state agency share that data with a third-party vendor?
Only DPS, not the Insurance Commissioner, can require insurers to provide motor vehicle policy data, and the cap is once every 30 days. Third-party vendors can receive MVIVS data only if DPS authorize…
Why did the Arkansas AG reject Craighead and Poinsett counties' renewed interlocal library agreement, and what has to change for it to be approved?
Disapproved. The proposed interlocal agreement for Crowley's Ridge regional library services failed to name an administrator or joint board, omitted the legal status and powers of the regional library…
Can the Kentucky Governor use a line-item veto on a tax bill, or only on appropriation bills?
The Attorney General concluded that Governor Beshear's two line-item vetoes of 2024 House Bill 8 were invalid because the line-item veto power in Section 88 of the Kentucky Constitution reaches only a…
Can a Mississippi city return donated land to the donor for free if the city decides the donation was a mistake?
Generally no, unless the deed contained a reverter clause. Alternative paths: reform the deed for a scrivener's error, or transfer as surplus property if the donor qualifies as a tax-exempt nonprofit …
Can a Texas legislator obtain confidential Ethics Commission sworn-complaint files using the Public Information Act's legislative-access provision?
No, the AG concluded the Ethics Commission may not. Government Code section 552.008 gives an individual legislator a special right to obtain governmental information, including some confidential infor…
Under Arkansas FOIA, what can a sheriff's office redact from a deputy's personnel file in response to a public records request?
Personal contact info, SSN, employee number, marital status, and dependent information were properly redacted. Emergency contact information, FMLA change-of-status dates, and beneficiary designations …
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