State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
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Can a Texas licensing board discipline a social worker for discrimination based on categories the Legislature did not list in the statute?
No, the AG concluded. The Texas Behavioral Health Executive Council asked whether it had authority for a rule that disciplined licensed social workers for refusing service based on disability, sexual …
Can the City of Calico Rock release employee salary, hire date, position title, and name records under Arkansas FOIA?
Yes. Salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information (address, DOB, phone, SSN) must be redacte…
Does West Virginia have to recognize a new political party every time a write-in candidate registered as 'Independent' wins more than 1% of the vote in a gubernatorial election?
No. Under W. Va. Code § 3-1-8, a new political party arises only when an 'affiliation of voters representing any principle or organization' achieves 1% support for its gubernatorial candidate. Voters …
Can the City of Decatur release a public employee's salary, hire date, position title, and name under Arkansas FOIA?
Yes. The salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information must be redacted. The named employee's…
Can the City of Wynne release its employees' salary, hire date, position title, and name under Arkansas FOIA when the named employees object?
Yes. The salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information like home address, DOB, and SSN must b…
Can a city release a public employee's salary, hire date, position title, and name in response to an Arkansas FOIA request?
Yes. Salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information (address, DOB, phone, SSN) must be redacte…
Does a Tennessee police chief or sheriff have to attach evidence when certifying to a court that a confiscated weapon is inoperable or unsafe?
No. The AG concluded that the official's signed attestation, by itself, satisfies the certification requirement of Tenn. Code Ann. § 39-17-1317(i). The plain meaning of 'certify,' the absence of statu…
Can the City of Heber Springs release police department employee salary, hire date, position title, and name records under Arkansas FOIA?
Yes. Salary, hire date, position title, and name of public employees, including police officers, are personnel records that the public can see under FOIA. Sensitive personal information must be redact…
Could Connecticut create a 'Connecticut Equitable Investment Fund' run by a nine-member council with broad authority to spend tax revenue, or would that violate the state constitution?
AG William Tong concluded a court would likely strike it down. Section 13 of HB 6443 would have permanently delegated to the council both lawmaking authority (defining what counts as 'investments-in-p…
Can the City of Crossett release employee salary, hire date, position title, and name records under Arkansas FOIA?
Yes. Salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information must be redacted. Employee objection is no…
After Tennessee's 2021 Public Chapter 550, who can issue county-wide health mandates: the county mayor or the county health officer?
The county health officer has the power, not the county mayor. Tennessee's 2021 Public Chapter 550 transferred rulemaking authority from county boards of health to county health officers and reduced c…
Does West Virginia's daily mine-inspection requirement apply to a coal mine that has stopped producing coal and where the operator is dismantling and removing surface equipment but has not yet surrendered the underground mine permit?
The AG concluded the best reading of W. Va. Code § 22A-2-53c(10)(e) is that the daily inspection-and-recording duty does not apply when the only ongoing activity is dismantling and moving surface equi…
Does Virginia's prevailing wage law apply to public works construction projects at Virginia's public colleges and universities?
Yes, with one carve-out. The Virginia Public Procurement Act's prevailing wage requirements for public works contracts (Va. Code § 2.2-4321.3, effective May 1, 2021) apply to Virginia's public college…
Are juvenile records in Virginia automatically expunged when the case was dismissed or nolle prossed?
Yes. Sections 16.1-306 and 16.1-307 require clerks (both juvenile and domestic relations district courts and circuit courts) to automatically expunge dismissed or nolle prossed juvenile proceedings on…
When does an Arkansas legislative act become effective if it lacks an emergency clause and the General Assembly takes a recess longer than 90 days?
Ninety-one days after the recess begins. The day of recess doesn't count. For the 93rd General Assembly's April 28, 2021 recess, that puts the effective date at July 28, 2021, assuming the legislature…
Can Delaware's Department of Agriculture refuse to let me copy or take notes on a CAFO farm's permit and notice of intent, just letting me look at it?
DDA violated FOIA by not justifying its denial. Nutrient-management and animal-waste plans are statutorily confidential under 3 Del. C. § 2247(c), so DDA could withhold those. But DDA never explained …
In a Tennessee criminal trial without a separate sentencing phase, can the trial judge keep alternate jurors on hand to step in if a regular juror has to leave during deliberations?
No. Under Tenn. R. Crim. P. 24(f)(2), alternate jurors must be discharged when the jury retires to deliberate in a non-bifurcated trial. Tennessee trial courts have no inherent authority to import the…
Can a Mississippi city offer broadband service through its municipal electric utility?
The 2021 opinion reaffirmed prior 2018 and 2019 AG opinions: a Mississippi municipality does not have authority to provide broadband service through its municipal utility system. Section 21-27-11(b)'s…
Does the higher-education member of Mississippi's police-training board have to be a full-time university employee?
The 2021 opinion concluded that Mississippi's Board of Law Enforcement Officer Standards and Training did not require its 'higher education representative' under § 45-6-5(2)(a) to be a full-time highe…
Can a Mississippi community hospital provide services in another state if that's part of its service area?
The 2021 opinion concluded that a Mississippi community hospital could provide authorized services outside the state, as long as the location was within the hospital's 'service area.' A 2019 amendment…
Does someone have to live in a Mississippi natural gas district to serve on its board of commissioners?
The 2021 opinion concluded that the Caledonia Natural Gas District's enabling local-and-private legislation, as amended in 1997 and 2021, required all five board commissioners to be residents of the d…
Can Prince William County levy a special school tax to build new schools, and what are the procedural rules around it?
Yes. Prince William County may levy a special county school tax under § 22.1-102 for capital expenditures, indebtedness, or rent. The county can choose lump-sum or major-classification appropriation, …
Can a North Little Rock School District employee block FOIA release of all NLRSD personnel records by claiming the requester is trying to 'create havoc' for the communications coordinator?
No. The AG referred the requester to Op. 2021-028 (issued the day before, identical analysis). Requester motive is irrelevant. The request, even voluminous and adversarial, must be processed under the…
Can a North Little Rock School District employee block FOIA release of personnel records by claiming the requester's motive is a personal vendetta against the communications director?
No. The requester's motive is generally irrelevant to FOIA disclosure decisions. The AG cannot enforce FOIA against a custodian, but the custodian must apply the standard personnel-records framework, …
Can a convicted felon in Arkansas own and use a crossbow for hunting?
Yes, if they have completed their sentence and are not on probation or parole. A crossbow is not a 'firearm' under Arkansas law (no explosive propellant), so the felon-in-possession statute doesn't ap…
Can a Maryland-based researcher use Delaware FOIA or 18 Del. C. § 314 to get captive-insurance-company licenses?
No. The Delaware AG ruled the Department of Insurance properly denied a Maryland-based researcher's FOIA request for licenses of captive insurance companies. Delaware FOIA is citizens-only. The AG dec…
Could the Tennessee State Capitol Commission file a Heritage Protection Act waiver to relocate the Forrest, Farragut, and Gleaves busts from the state capitol, and did it need the State Building Commission's concurrence to do so?
Yes on the petitioner question. The State Capitol Commission qualified as a 'public entity exercising control of a memorial' under the Heritage Protection Act because it had statutory authority to set…
Did the Idaho AG identify any legal problems with a proposed ballot initiative that would have repealed the new geographic-distribution signature requirement (SB 1110) for Idaho ballot initiatives?
No fatal problems. The AG concluded that (1) the proposed initiative could itself address ballot-access rules because that's a legislative subject, (2) the 6% statewide signature requirement without g…
Did the Idaho AG identify any legal problems in the proposed Idaho Medical Marijuana Act initiative that would have legalized medical cannabis under state law through new Chapter 97 of Title 39?
The AG flagged two vagueness concerns ('an amount that would cause the cardholder to possess more than the allowable amount' and 'unrelated to the medical use of marijuana' for forfeiture purposes) an…
Can a Tennessee municipal energy authority created under Tenn. Code Ann. § 7-36-101 et seq. provide natural gas or propane distribution outside its electric service area?
No. An energy authority created under the Municipal Energy Authority Act (Tenn. Code Ann. § 7-36-101 et seq.) has no statutory authority to provide natural gas or propane distribution at all. The Act …
If a 16- or 17-year-old comes to a South Dakota hospital for a sexual assault exam after being assaulted by their boyfriend or girlfriend, can the medical staff keep the assault confidential because the teen does not want to report it to police?
No. AG Ravnsborg ruled that the mandatory child-abuse reporting statute, SDCL 26-8A-3, requires medical professionals to report suspected sexual abuse of anyone under 18 to law enforcement, the state'…
Can a Tennessee municipal energy authority offer broadband, water, or wastewater service outside its electric service area?
It depends on the service. Telecommunications service (telephone, cable, broadband Internet) was confined to the energy authority's electric service area. Water and wastewater could be extended outsid…
Can a Kentucky water district commissioner also work as a county road foreman?
Yes, under the facts. The Attorney General concluded that serving as a Knott County Water District commissioner was not incompatible with working as a county road foreman. The foreman position is an '…
Does the Texas Railroad Commission have to address oil and gas equipment noise, like compressor station noise, in its annual plan?
No, the AG concluded. The Freestone County Attorney explained that citizens consider the low-frequency noise from oil and gas compressor stations, gas treating facilities, and pipelines severely harmf…
What was Tennessee AG Opinion 21-05 about?
There is no substantive opinion. The Tennessee AG's office assigned the number 21-05 to a 'Militias' opinion request in May 2021, but the office subsequently withdrew it. The PDF the AG posts at this …
Can a Texas city require specific paint colors and patterns for buildings, or does the state building-materials law block that?
It depends on the facts, and the AG could not give a yes-or-no answer. The Cameron County District Attorney asked whether Government Code section 3000.002 stops a city from requiring specific paint co…
If I'm a Delaware inmate, can I use FOIA to get my own commissary or inmate-account records, or DOC policies?
No. The Delaware AG ruled DOC properly denied an inmate's FOIA request for commissary records, inmate-account records, and DOC policies. 29 Del. C. § 10002(l)(13) categorically exempts any DOC record …
Can a Maryland county require alcohol retailers to live in that county to get a liquor license, or does that discriminate against out-of-county and out-of-state residents in violation of the Commerce Clause?
The opinion concluded that Harford County's requirement that alcoholic beverages licensees reside in the county, even though no longer a durational requirement, would likely be struck down under the C…
What records about a former Russellville School District employee can be released after he was placed on administrative leave and then terminated?
Most of them, but not exactly as the custodian planned. The AG identified additional information that should be redacted, redactions that may not be valid, and documents that should not be released if…
Can a Texas county sheriff also serve as a city fire marshal at the same time?
Likely yes, the AG concluded. The Burleson County Attorney, on behalf of the county sheriff, asked whether the sheriff could also hold the job of fire marshal for the City of Caldwell without running …
Can a Mississippi county pay for a feasibility study on converting a vacant school into an artist residency to boost tourism?
The 2021 opinion concluded that the Coahoma County Board of Supervisors could engage a firm to conduct a feasibility study on whether to redevelop a vacant school building as an artist residency to en…
Does Mississippi's nepotism law block a city from hiring the mayor's grandson as a parks-department laborer?
The 2021 opinion concluded that Mississippi's nepotism statute (§ 25-1-53) was not violated when the Ridgeland Board of Aldermen hired the mayor's grandson as a parks-and-recreation laborer. The statu…
Can a Mississippi Parole Board member get travel reimbursement without violating the per diem ban that applied to Board members in 2021?
The 2021 opinion concluded that Mississippi Parole Board members could submit expense vouchers and be reimbursed for actual and necessary travel expenses (mileage, meals, lodging) under § 25-3-41 with…
Can a former Fort Smith police officer who resigned before discipline get his name redacted from records released about an internal investigation?
Maybe, depending on the records' classification. If the records are his evaluation records, they are exempt because no discipline happened. If they are mixed records covering other officers, his name …
Can a Texas county attorney sue to enforce a plat use restriction without anyone filing a complaint first?
Yes, the AG concluded. The Williamson County Attorney explained that the City of Austin had bought a hotel property in Williamson County to use as a long-term residential facility for the homeless, ev…
Could Virginia's public colleges and universities require students to be vaccinated against COVID-19 to attend in-person classes during the pandemic?
Yes. As of April 2021, the Attorney General concluded that the governing boards of Virginia's public colleges and universities had authority under Title 23.1 to require a COVID-19 vaccine as a conditi…
Can a private insurer use Delaware FOIA to dig up Department of Insurance records during a pending lawsuit and a Department examination hearing?
No. The Delaware AG ruled the Department of Insurance properly denied a 16-part FOIA request from GEICO's counsel, treating the request as an attempt to bypass discovery in the pending Green Litigatio…
Can a Fayetteville Housing Authority employee object to FOIA release of her own daily notes about residents on the basis that the residents' privacy will be invaded?
Mostly no. Concerns about the privacy interests of private citizens (residents) are outside the AG's narrow review authority. The AG could not say the custodian's decision to release the employee's no…
When a Fayetteville Housing Authority employee objects to FOIA release of records on grounds that other employees' or private citizens' information is included, can the AG opine?
No. The AG's review under § 25-19-105(c)(3)(B)(i) is limited to the requesting employee's own personnel or evaluation records. Concerns about other employees' or private citizens' privacy are outside …
Can a Kentucky county magistrate also work as a city police officer?
Yes, under the facts. The Attorney General concluded that serving as a Breathitt County magistrate and working as a Beattyville police officer were not incompatible. The bar on holding a county office…
If I never received a response to a Delaware FOIA request, can I file a complaint, and what happens if the agency proves it actually did respond on time?
No FOIA violation. Although the petitioner believed no response had arrived, the City of Wilmington produced records showing it emailed its FOIA response on February 3, 2021, which was within the fift…
Will the Arkansas AG opine on a question that is already before a court?
The Attorney General declined to opine. The questions about whether Ark. Code Ann. § 16-17-106 lets a county quorum court authorize a district court judge to hire a clerk (and whether city-council per…
Can Arizona's Governor sign tribal gaming compacts (and amendments) on behalf of the state on his own, or does that violate the state constitution's separation of powers?
The AG concluded that A.R.S. § 5-601(A)'s delegation of compact authority to the Governor was not clearly unconstitutional, because the gaming statutes (read with § 5-601.02) supply enough standards t…
If an Arkansas city overpaid an employee, can the city council just decide not to chase the money back?
The city has discretion not to chase down an overpayment of public funds, but that decision does not insulate the city from a taxpayer-initiated illegal-exaction suit. Any citizen may sue under Ark. C…
Does Kentucky require competitive bidding when a city hires an engineer to manage construction?
Yes, for construction management. The Attorney General concluded that under KRS 45A.380(3), the City of Ashland had to competitively bid to hire an engineer who would also provide construction managem…
Does Texas law keep medical debt off your credit report if your employer's health plan uses reference-based pricing with no provider network?
Likely not, when the plan has no network, the AG concluded. The San Patricio County Attorney asked whether Business and Commerce Code subsection 20.05(a)(5) stops a consumer reporting agency from repo…
Can a Texas city's public improvement district assessments pay the costs of bonds issued by an out-of-state authority?
Mostly the AG declined to decide, because the specific deal turned on reading contracts, but it gave two general rules. The Williamson County Attorney, for the City of Hutto, asked whether public impr…
Does Mississippi's nepotism law block a public defender from hiring an assistant who is related to a circuit court judge?
The 2021 opinion concluded that Mississippi's nepotism statute (§ 25-1-53) was not violated when a public defender appointed the sister or daughter of a Senior Circuit Court Judge as assistant public …
When figuring out who owns a property for Virginia real estate taxes, can a commissioner of the revenue rely on a court decree instead of the deed?
Yes. A commissioner of the revenue may consider recorded court decrees and other documents (not just the deed) in deciding who owns a parcel for real estate tax purposes. The effect of any specific de…
Can an Arkansas county judge refuse to pay an election commission's invoice that meets every legal requirement?
No. If an election commission's claim meets every requirement of Ark. Code Ann. § 14-14-1102(b)(2)(B), namely sufficient appropriation, unencumbered balance, lawful purpose, and rendered services, the…
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