State AG Opinions
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Could Arizona's Governor preempt a county face-covering ordinance through an executive order alone, without going through the state health department?
Probably not. The AG concluded that Executive Order 2021-06 rested only on Title 26 emergency-management authority, while Pima County's resolution rested on separate Title 36 public-health and county-…
If a Texas city annexes land inside a county assistance district, does the district lose that territory?
No. The AG concluded that a county assistance district's boundary is fixed as of the creation election and does not recede when a city later annexes overlapping land. Senator Charles Perry asked five …
Do you need a driver's license to drive a golf cart on a public road in Texas?
Yes. The AG concluded that a person must hold a valid Texas driver's license to operate a golf cart on a publicly maintained road open to vehicular travel, even on the limited roads where sections 551…
Does the Arizona State Schools for the Deaf and the Blind qualify as a 'local educational agency' under federal IDEA and ESEA definitions?
Yes. The AG concluded that ASDB met the federal LEA definition under all three operative subparts of 20 U.S.C. § 1401(19), both because it administers its own campus schools and because it provides re…
When did laws passed in Kentucky's 2021 legislative session take effect?
June 29, 2021. The Attorney General concluded that, under Section 55 of the Kentucky Constitution, most legislation from the 2021 Regular Session became effective on Tuesday, June 29, 2021, because th…
Can a licensed engineer in Washington stamp and sign architectural drawings to submit for a building permit?
No, not anymore. The AG concluded that since the 2010 amendments to RCW 18.08.410, engineers no longer fit any exemption that allows stamping architectural drawings. Doing so is potentially unlicensed…
If someone FOIAs Little Rock for the personnel files of every recent hire, what gets handed over and what gets redacted?
The City of Little Rock's plan to release the personnel files of all employees hired on or after June 23, 2020, while redacting home addresses, dates of birth, telephone numbers, and Social Security i…
Do Arkansas county EMS workers get the same vacation, sick leave, and overtime rules as city firefighters?
No. Arkansas's specific firefighter sick-leave and vacation statutes (Ark. Code Ann. §§ 14-53-107 and -108) apply only to city fire departments, not county EMS. Counties set their own employee policie…
Can someone in Delaware FOIA a copy of the police complaint that was filed against them?
No. The AG concluded that a criminal complaint filed against the requester is part of an investigatory file and categorically excluded from FOIA, even when the complaint is later found without merit. …
If a parent FOIAs a school for an employee's complaints and emails, what gets handed over and what stays private?
The Pulaski County Special School District custodian had to apply two different rules to the request. Unsolicited complaints are 'personnel records' subject to the Young v. Rice balancing test. Compla…
When a Virginia garnishee and debtor live in different counties, who has to make sure the garnishee is served first?
Court clerks (circuit and general district) and sheriffs do not have a duty under Va. Code § 8.01-511 to ensure the garnishee is served before the judgment debtor when they are in different jurisdicti…
In a Tennessee county that uses the County Financial Management System of 1981, can the finance director count as a 'full-time purchasing agent' so the county can raise the competitive-bid threshold to $25,000?
No. The AG concluded that the director of a county finance department appointed under the County Financial Management System of 1981 was not a 'full-time purchasing agent' under Tenn. Code Ann. § 12-3…
Could the Texas Public Utility Commission order ERCOT to correct electricity prices after Winter Storm Uri?
The AG concluded that the Public Utility Commission has 'complete authority' under section 39.151(d) of the Utilities Code to oversee ERCOT, and that this authority likely could be read to let the Com…
Could a Kentucky circuit court clerk candidate appoint an election challenger?
No. The Attorney General concluded that a candidate for circuit court clerk could not designate an election challenger under KRS 117.315(2). That statute let candidates running on an independent or no…
Can a Mississippi university pay a faculty member half-salary on a one-semester sabbatical and full salary for the other semester?
The 2021 opinion concluded that Mississippi universities could pay a faculty member up to 50% of annual salary during a one-semester sabbatical and pay the remaining 50% as ordinary salary for the sem…
Can a Delaware journalist FOIA the fire marshal's records of a years-old, undetermined fire investigation that the agency claims is still technically open?
No. Wilmington's Fire Marshal investigators are law-enforcement officers, the criminal statute of limitations on arson had not yet run, and the Court of Chancery has held in News-Journal Co. v. Billin…
Can a retired Arkansas police officer carry a concealed handgun without getting a regular CHCL?
Qualified yes. A retired Arkansas law enforcement officer who meets every eligibility test in Ark. Code Ann. § 12-15-202(b) (good-standing retirement, photo ID, recent training, ten years of service, …
If I ask Delaware for prepared speech remarks and they say none exist, can the AG order them to give me the meeting minutes and slide decks instead?
No. The AG ruled the Division of Corporations did not violate FOIA when it told Jordan Howell no 'prepared remarks' from the 2020 Executive Strategic Planning Conference existed. Conference minutes an…
Can Colorado's state personnel director create a paid family leave benefit for state employees by rule, without an act of the legislature?
Yes, but only with strict procedural compliance: the director must run a technically sound prevailing-practices survey, follow formal APA rulemaking, and avoid changing any leave benefit set by statut…
Could a Texas hospital bar clergy visits unless a patient was facing imminent death during COVID-19?
The AG advised that prohibiting a patient from seeing a member of the clergy except when death is imminent likely violated the Texas Religious Freedom Restoration Act (TRFRA). Representative James Whi…
Can a Texas county pay its court clerks a one-time bonus for extra work they already did?
It depends, and the AG could not give a flat yes or no because the answer turns on facts. The Brown County Auditor asked whether article III, section 53 of the Texas Constitution barred a proposed one…
Can a county judge's brother run for sheriff in Texas?
Yes. The AG concluded that neither the state nepotism statute (Government Code chapter 573) nor the conflict-of-interest statute (Local Government Code chapter 171) bars a county judge's brother from …
During an epidemic, can a Texas school exclude an unvaccinated student over a vaccine unrelated to that outbreak?
Probably not. The AG advised that, read in context, Education Code subsection 38.001(f) likely does not let a school district exclude a student during an epidemic for lacking a vaccine that is unrelat…
When an Arkansas state agency gets a FOIA request for an employee's salary and contact info, what has to be released and what has to be withheld?
The Arkansas Department of Labor & Licensing's plan to release names, job titles, salaries, dates of hire, and similar workplace data while redacting home addresses and personal phone numbers was gene…
When must a Texas county combine separate purchases to reach the $50,000 competitive bidding threshold?
Only in narrow circumstances. The AG advised that the County Purchasing Act's anti-splitting rule, Local Government Code section 262.023(c), forces a county to treat separate, sequential, or component…
Can the Mississippi State Port Authority sign an exclusive 99-year lease and operating agreement with a private operator at the Port of Gulfport, and would sovereign immunity block a breach-of-contract claim?
The 2021 opinion concluded that the Mississippi State Port Authority, acting jointly with the Mississippi Development Authority, had broad statutory authority to enter long-term leases (up to 99 years…
Can an Arkansas city pass an emergency ordinance after the fact and have it apply to a flood already over?
Yes. An Arkansas city may pass an ordinance with retroactive effect, including a § 14-58-303(b)(2) bid-waiver ordinance for an already-completed disaster repair, when the city expressly declares retro…
Does an email I send to a Delaware mayor or town manager asking for documents automatically count as a FOIA request, or do I have to use the city's specific form?
Not automatically. The AG ruled Craig O'Donnell's October 2020 emails to Delaware City's Mayor and City Manager did not trigger FOIA's timelines because they were sent to the wrong person and never sa…
Can a Virginia city negotiate a binding arbitration clause in a collective bargaining agreement with its employees' union?
Yes. Under § 40.1-57.2 (effective May 1, 2021), a Virginia locality that authorizes collective bargaining can include in the agreement a grievance procedure culminating in final, binding arbitration. …
Can the Virginia Department of Health publicly disclose COVID-19 outbreak data tied to specific long-term care facilities, businesses, restaurants, churches, schools, and gyms?
Yes. As of February 2021, the Virginia Department of Health was permitted, and in some cases required, to publish aggregate COVID-19 outbreak data tied to specific entities (long-term care facilities,…
How much oversight does Connecticut's State Contracting Standards Board have over the Connecticut Port Authority?
Very little. AG William Tong concluded that the Board's authority over quasi-public agencies in general is narrow, and the Port Authority's enabling statute (Conn. Gen. Stat. § 15-31b(a)(15)) goes fur…
Does a Delaware school board need to specifically notice its agenda before voting to appoint a superintendent?
Yes. The AG ruled Sussex Technical School District violated FOIA when it voted to appoint a superintendent under a generic 'Personnel Action Items' agenda label. The Board was directed to revisit the …
How do two Arkansas cities formally amend their joint sewer agreement, and what does the AG check before approving it?
The Attorney General approved Amendment No. 3 to the Cotter-Gassville interlocal wastewater agreement. The amendment did not itself name a joint board or address property disposal, but the original 19…
Are state, county, and city elected officials in Washington 'employees' under the Paid Family and Medical Leave Act, and do they have to pay PFMLA premiums?
Yes to both. AGO 2021 No. 1 concluded that elected officials at the state, county, and city level qualify as 'employees' under Washington's Paid Family and Medical Leave Act (PFMLA) and that PFMLA pre…
Can someone be convicted of a crime in Texas without being present in court?
No, not in the way the question asked. The Bexar County Criminal District Attorney asked the AG two things: whether a criminal district attorney has authority to prosecute federal officials who violat…
Who decides a boundary dispute between two Texas groundwater conservation districts?
A court does, not the Attorney General. A state senator asked the AG to pin down the boundary line in Potter County between the High Plains Underground Water Conservation District and the Panhandle Gr…
Does a city council member have a conflict of interest voting on a county matter if their spouse is the county tax assessor-collector?
No. The Jefferson County Criminal District Attorney asked whether a city council member must recuse from a vote to waive interest on delinquent property taxes when the council member is married to the…
How much power does the Arizona Legislature have to limit a Governor's emergency declaration, and what can counties and cities do during an emergency?
The Legislature can only terminate (not modify or condition) a Governor's state of emergency by concurrent resolution under A.R.S. § 26-303(F). The Governor can re-declare. Counties and cities have se…
How long does a county nuisance abatement lien last in California, and does it expire after 10 years like a judgment lien?
It lasts until released. The AG concluded that a Government Code section 25845 nuisance abatement lien does not expire after ten years the way a judgment lien does, even though the statute borrows oth…
Can a Mississippi motor vehicle manufacturer's wholly owned subsidiary get a dealer's license, including in markets where the manufacturer already has franchised dealerships?
The 2021 opinion concluded that Mississippi's motor vehicle dealer licensing statutes did not categorically prohibit a vehicle manufacturer's wholly owned subsidiary from obtaining a motor vehicle dea…
Can a Tennessee city or county re-authorize the $5 electronic traffic citation fee after its first five-year authorization expires?
No. The $5 electronic traffic citation fee under Tenn. Code Ann. § 55-10-207(e)(4) had a built-in five-year sunset, and the AG concluded that local governments could not re-authorize the fee after tha…
What is the penalty for driving over a weight limit set by TxDOT on a Texas road or bridge?
The lower catch-all penalty, not the steep graduated fines. The Burnet County Attorney asked which penalty applies when a vehicle exceeds a weight limit that the TxDOT executive director sets under Tr…
Does a Texas physician have to supervise a nurse anesthetist (CRNA) who administers anesthesia under delegation?
Not under chapter 157 alone, but other laws can require it. The Texas Medical Board asked whether chapter 157 of the Occupations Code makes a physician supervise a certified registered nurse anestheti…
Can an Illinois lawyer hold a seat in the State Senate and serve as an assistant state's attorney at the same time?
No. The AG concluded the two offices are incompatible. Assistant state's attorneys, like state's attorneys, exercise executive-branch power. State senators exercise legislative power. The Illinois Con…
Can an Arkansas city release the names of restaurants and hotels that haven't paid their advertising and promotion taxes?
Yes. An Arkansas city may release (in response to a FOIA request or otherwise publish) the names of businesses that have not remitted advertising and promotion taxes under Ark. Code Ann. § 26-75-601 e…
Can a Texas deputy sheriff also serve on a city council at the same time?
Yes. The Culberson County Attorney asked whether a deputy sheriff could simultaneously serve as an elected alderman of a Type-A general-law city, after a county deputy was elected to the Van Horn town…
Does a Mississippi 911 district need state Wireless Communications Commission approval if a private vendor owns and operates the radio system?
The 2021 opinion concluded that a Mississippi 911 district could enter a managed service agreement for P25 radio service where the vendor owned and operated the system, without needing 'sign-off appro…
Could an Arkansas county judge order courthouse employees to take a COVID test after a colleague tested positive?
Generally no. The county judge could not require county employees, much less other elected county officials, to submit to COVID-19 testing. Setting employee health-and-safety policy is the quorum cour…
Does Mississippi's two-year residency requirement for supervisor and alderman candidates apply to the specific district or just the county?
The 2021 opinion concluded that Mississippi's § 23-15-300 two-year residency requirement applied to the specific supervisor district or municipal ward a candidate sought to represent, not just the cou…
When an Arkansas justice of the peace doesn't take the oath, does the seat go vacant or stay with the prior officeholder?
The incumbent stays in office until the next general election. When a person elected as Arkansas justice of the peace refuses to take the oath of office, no vacancy is created. Article 19, section 5 o…
Can a board member of an Arkansas regional airport authority earn a contingency fee from a windstorm subrogation lawsuit?
No violation, on these facts. A Delta Regional Airport Authority board member who is also a local attorney could collect a contingency fee from out-of-state subrogation counsel pursuing the insurers' …
Can West Virginia's State Conservation Committee receive and pass through federal Clean Water Act Section 319 grants for water quality projects, and does it have to use the local conservation districts as the only sub-recipients?
On the first question, the AG concluded the SCC's authority to use Section 319 grants for water-quality (as opposed to soil/erosion) projects is uncertain under W. Va. Code Chapter 19, Article 21A; th…
If a Virginia defendant defaults on court fines and their case went to collections, can they get back on a payment plan without facing a show cause?
Yes. A Virginia general district court may enter into a new payment plan with a defendant on a defaulted, in-collections case at the defendant's request, without first issuing a show cause or capias. …
Can an Arkansas city's planning commission close the doors and meet in private?
Yes, but only for one of four narrow reasons. A municipal planning commission is a 'governing body' subject to the Arkansas FOIA's open-meetings rules, and may enter executive session only to consider…
After the Governor's 2020 emergency order on remote local-government meetings expired, were Florida district school board advisory committees still allowed to meet remotely without an in-person quorum?
No. After the expiration of Executive Order 20-69, school board advisory committees were required to follow the same in-person quorum and physical-meeting-location rules that apply to the school board…
Are an Arkansas coroner's COVID-19 death investigation records public, including identifying and medical info?
Yes, after the coroner's final report is issued. Under Ark. Code Ann. § 14-15-304, the coroner's investigation records are confidential only until the final report. After issuance, the report (includi…
Do campaign yard signs trigger Texas's resign-to-run rule and force a city council member out of office?
Probably, if the signs urge voters to elect the official to another office and are posted in public. A state representative, on behalf of the City of Palmview, asked the AG whether a home-rule city co…
When a Little Rock complainant FOIAs her own internal complaint file, what does the city release and what does it withhold?
The City of Little Rock's plan was consistent with the FOIA. The complainant's own statement and the decision letter sent to the complainant are her own personnel records and properly released to her.…
Can a Texas city spend hotel occupancy tax money on a public space at an apartment complex?
Probably not, as described. A state representative asked whether a city could pay hotel occupancy tax (HOT) revenue to fund a 'public space' and clubhouse inside an apartment complex, meant to display…
Does a Texas city or county have to give specific reasons when it denies a plat application?
Yes, with citations to law, and a generic denial backfires. Senator Bryan Hughes, who authored House Bill 3167, asked the AG to spell out what local governments must do under the law's plat-approval r…
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