State AG Opinions
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Can a Texas prosecutor's investigator who is not a licensed peace officer carry a gun into a courtroom?
A court would likely conclude that she can, because she is a peace officer, the AG said. A civilian investigator for a prosecutor's office carried a firearm into a district courtroom, and the sheriff'…
Can the Texas DMV title and register a three-wheeled electric low-speed vehicle as a motorcycle, and what counts as a 'saddle'?
The AG gave a two-part answer. On the definition question, it explained that a vehicle can qualify as a 'motorcycle' under three different Transportation Code provisions, each with its own seating req…
When an electric co-op is serving customers inside a city's electric-service territory, does the city have to use the statutory buyout process to take those customers over?
No to both questions. The AG read Ark. Code Ann. 14-207-103 to apply only when a municipality annexes part of an electric public utility's assigned service area. When the customers were already inside…
If someone sues over a different election-code statute, does Arkansas's Secretary of State have to put a measure he already declared insufficient onto the ballot anyway?
No. AG Rutledge read Ark. Code Ann. 7-5-204(c)(1) to require transmission only if the Secretary had not yet decided sufficiency by the 75-day mark, or if 'an amendment or a measure has been challenged…
If a city's existing service contract has run its only built-in extension, can the city renew it without putting it back out for bids?
Yes. AG Rutledge concluded that Ark. Code Ann. 14-58-104(b) plainly let a city renew or extend an existing contract without soliciting bids, regardless of whether the contract itself contained a renew…
Can legal aid lawyers visit migrant farm workers at the labor camps where they live, even if the employer who owns the camp tells them to leave?
Yes, in most cases. The AG concluded that migrant workers in labor camps are tenants with the right to invite guests, and that even uninvited legal advocates have First and Fourteenth Amendment rights…
Could Arkansas's Secretary of State set up an online voter registration system without a constitutional amendment?
No, then yes. AG Rutledge concluded the Secretary of State could not establish online voter registration under Amendment 51 as it stood, because the amendment's 'signature or mark' on a 'postcard' fra…
Can a county judge abolish all the townships in a county and redraw new ones, and what does that do to sitting constables?
AG Leslie Rutledge declined to answer because the same body of law was on appeal in the Arkansas Supreme Court in Clowers v. Edwards. Following the AG's longstanding practice, the office stays out of …
Does Arkansas require county election commissioners to put a polling place inside every small town or city?
No, maybe, yes. AG Rutledge concluded county election boards aren't required to put a polling site in every incorporated town, may be required to put one in each ward of a second-class city (with vote…
Does Arkansas's Secretary of State have to follow the historic-sites contracting rules and get state approval before renovating the Capitol?
Mostly subject, with one exemption. AG Rutledge concluded the Secretary of State must follow the historic-sites improvement laws (Ark. Code Ann. 22-9-208 through 22-9-211) for State Capitol contracts.…
When a Mississippi city vacates an old street it acquired by common-law dedication, who owns the underlying land?
The AG concluded that when the City of Clinton vacated a former Livingston Road right-of-way it had acquired by common-law dedication, the underlying fee reverted to the abutting property owners. The …
Who pays the lawyer when a Mississippi chancery court appoints counsel for someone facing private-facility commitment for drugs or alcohol?
The AG concluded that in Mississippi alcohol and drug commitment proceedings to private facilities under Section 41-32-5, attorney fees for court-appointed counsel had to be paid by the non-indigent r…
Can a Mississippi county or its garbage vendor stop collecting trash from people who don't pay, and can the county block their car tags?
The AG concluded that neither the DeSoto County Board of Supervisors nor its third-party garbage vendor could suspend service to delinquent households. The county could, however, withhold car tag issu…
Can a Mississippi school district buy a Bluebird bus from a vendor that didn't bid in the state contract process if the price matches the state contract?
The AG concluded that Mississippi school districts could buy school buses only through one of the three procurement methods in Section 37-41-101: an approved-vendor list, a district-run advertised bid…
Does a Mississippi city have to pay to run a water tap line from its main to a private property owner's lot, or does the owner pay?
The AG concluded that under Mississippi law, a Mississippi municipality maintains the main sewer or water line up to the point of connection, while the property owner is responsible for the personal s…
Does a Mississippi county owe just compensation to neighboring shopping-center stores in a cross-parking agreement when it takes only a non-owner's land?
The AG concluded that under Section 43-37-3, only the owner of the real property a Mississippi county acquires through eminent domain is entitled to just compensation. Other shopping-center stores tha…
Can a new Mississippi Board of Supervisors throw out the personnel handbook the previous board adopted, and can it create an assistant county administrator?
The AG concluded that a Mississippi Board of Supervisors could amend or void a personnel handbook adopted by a prior board, and that an assistant county administrator could be hired by the county admi…
Can a Mississippi mayor or alderman serve on a private board the city helped create as part of a public-private partnership?
The AG concluded that Port Gibson, under its municipal home-rule authority, could appoint members (including a sitting mayor or alderman) to a private board created by a public-private partnership agr…
When a Connecticut judge applies for disability retirement, does the Judicial Review Council have to consider whether reasonable accommodations would let the judge keep working, and if so, can the Council order the Judicial Branch to provide them?
AG William Tong concluded that the Council must consider reasonable accommodations as part of deciding whether the judge is permanently incapacitated, but the Council cannot run the interactive ADA ac…
How is the 40% judicial-functions test for a Texas county judge's salary supplement calculated, and who checks false claims?
The AG gave two answers. On the calculation question, Government Code section 26.006 lets a county judge collect an annual state salary supplement (18 percent of a district judge's base salary) if at …
Can a Texas appraisal district employee also serve on the school board of a district that participates in the appraisal district?
No, the AG concluded. Tax Code section 6.054 says an appraisal district may not employ a person who is an officer or an employee of a taxing unit that participates in the appraisal district. The quest…
Can the Texas Teacher Retirement System invest in or directly own real estate?
Only through investments that count as 'securities,' the AG concluded. Senator John Whitmire asked whether the Teacher Retirement System of Texas could invest in or own real estate, directly or indire…
Can a California city council declare a councilmember's seat vacant on residency grounds, and what recourse does the unseated councilmember have?
The AG granted Jeremiah Brosowske leave to sue in quo warranto to challenge the City of Hesperia's declaration that his District 4 council seat was vacant. The opinion confirms that an ousted councilm…
Can an Arkansas city council reduce a newly appointed city attorney's total pay by getting rid of his office-expense stipend?
It depends. AG Rutledge said the answer turns on whether the office-expense stipend qualifies as 'salary' under Ark. Code Ann. 14-42-113. If the stipend is reimbursement-on-receipts, it likely is not …
Can an Arkansas tire shop charge customers a separate transportation or hauling fee on top of the state-mandated rim removal fee?
Yes. AG Rutledge concluded the Used Tire Recycling and Accountability Act's 'one fee per tire' rule applies only to the rim removal fee for the act of removing a tire from a rim. A separate transporta…
Can a Kentucky city let restaurants keep the restaurant tax they collect instead of paying it to the tourist commission?
No. The Attorney General concluded that Harrodsburg's Resolution 2020-03-23(a), which told restaurants to keep the restaurant tax they collected for March and April 2020 instead of turning it over to …
Could Kentucky order religious schools to close during COVID if they followed social distancing and hygiene guidelines?
No. The Attorney General concluded that during the COVID-19 emergency the Governor, the Cabinet for Health and Family Services, and other state and local officials could not order religiously affiliat…
When a Texas water district builds roads for a county to take over, who sets the construction standards and can the county delay acceptance with a warranty period?
The county sets the standard, within statutory limits, and may impose a warranty period that meets those limits, the AG concluded. Senator Eddie Lucio asked, for the Bastrop County Water Control and I…
Do appraisal district board members in Texas have to take the state's mandatory cybersecurity training for local government officials?
Probably not, the AG concluded. The Hill County Attorney asked whether Government Code section 2054.5191(a-1), which makes a local government require its employees and 'elected officials' to complete …
Does a Mississippi school district issuing a shortfall promissory note have to prove the shortfall would prevent it from meeting its financial obligations?
No. The AG concluded a school district issuing a shortfall promissory note under § 37-57-108 must only make a good-faith determination that revenue is short of budget; the financial-distress test unde…
Can a Mississippi state agency keep granting paid COVID administrative leave to employees who can't come back to work?
Yes, conditionally. Under § 25-3-92(2)(b), the head of a state agency can grant paid administrative leave to employees during an emergency, but the agency itself has to make the factual call that COVI…
Can Texas A&M University remove or relocate the Sul Ross statue on its campus on its own?
Not on its own, the AG concluded. Chapter 2166 of the Government Code generally does not apply to projects of state universities, but section 2166.5011, which uses 'notwithstanding any other provision…
Can a Texas city or county halt evictions under a local disaster declaration?
No, the AG concluded. Senator Brandon Creighton asked whether local governments operating under COVID-19 disaster declarations could delay, prohibit, or restrict the eviction procedures the Legislatur…
Can a Virginia city or county refuse to issue a business license to a non-citizen who does not produce a green card?
No. Virginia law does not require, or permit, a commissioner of the revenue to deny a business license to a non-citizen applicant who fails to produce a permanent resident card. A 2006 AG opinion that…
How and when can Georgia's Government Transparency and Campaign Finance Commission adjust the dollar limits on campaign contributions, and can it delegate that decision to staff?
Adjustments work in $100 increments based on CPI inflation or deflation. The Commission must adjust contribution limits for primaries, primary run-offs, general elections, and general election run-off…
If a child with disabilities is placed in an Arkansas residential treatment center by an out-of-state parent, does an Arkansas school district have to provide special education?
Yes. AG Rutledge concluded that under Ark. Code Ann. 6-41-202(a) and Arkansas Department of Education regulations, a child with a disability placed in an Arkansas residential treatment facility for no…
Can rural Arizona homeowners form a Domestic Water Improvement District that uses water haulers and standpipes instead of a pipe network?
Yes. A DWID can be formed even with minimal infrastructure (a standpipe, well, and water haulers), and it can cover noncontiguous areas. The 'system' requirement reads broadly enough to cover rural wa…
Can a Texas transit authority require masks and refuse service to riders who won't wear one?
Yes, the AG concluded. Representative Jim Murphy asked whether the Metropolitan Transit Authority of Harris County (METRO) could refuse service to and bar a rider who would not follow a rule requiring…
Can a Texas county or judge require masks in courthouses and county buildings?
Yes, through several different officials, the AG concluded. Harris County Attorney Vince Ryan asked who could require face coverings in courtrooms, courthouses, and other county buildings during the C…
Which court can issue a capias in a Texas misdemeanor case, and when?
The articles say who may issue a capias, not when, the AG concluded. Nueces County District Attorney Mark Gonzalez asked whether a trial court can issue a capias (a writ ordering a peace officer to ar…
Are Arizona Empowerment Scholarship Account (ESA) records public, or do FERPA and state privacy laws keep them confidential?
ESA records are generally public records under Arizona's public records law. But personally identifiable information (PII) about specific students must be redacted before disclosure, under FERPA and A…
Can a Mississippi school district pay students cash incentives for ACT scores, and can it pay teachers and staff for school-wide ACT improvements?
Student cash incentives are out (no contract, so a Section 66 donation), but employee incentives can work if contracted in advance, tied to objective standards, and paid for services performed. Fundin…
What is an 'administrative review' under Mississippi's youth court juvenile-detention statute, and what factors should the court consider?
The statute requires administrative review of juvenile detention longer than 45 days, but does not define the term or specify factors. The youth court has discretion to design the review, and the yout…
Can a Mississippi county pay an attorney to represent the tax assessor in defending an election contest?
It depends on the board's factual finding. The AG reaffirmed that the Humphreys County Board of Supervisors may pay legal fees for the tax assessor/collector in an election contest only if the board d…
Can a Mississippi county patrolman bring littering charges, and is the $50 littering surcharge added to convictions under § 97-15-30?
Justice court cases start under § 99-3-2 and the criminal procedure rules. County patrolmen employed by the board of supervisors may enforce § 97-15-30 littering. But the $50 assessment in § 97-15-29(…
Who has to write up the minutes for a Mississippi county board of supervisors meeting, the chancery clerk or someone else?
The chancery clerk has the duty to take, prepare, and present board of supervisors minutes under § 19-3-27. The board may appoint another person as recording clerk to draft the minutes for board appro…
Can a Mississippi county clean and repair a flooding creek that runs across private property?
Yes, with conditions. The AG concluded an Oktibbeha County Board of Supervisors may clean or clear a flooding creek on private property if it makes the public-health findings required by § 19-5-92.1, …
Can Mississippi state-owned property be used to rebury prehistoric Native American remains?
Yes. The AG concluded the Mississippi Department of Archives and History may use existing state-owned property, or acquire new property, to rebury prehistoric Native American remains, as long as the M…
Can a Mississippi city stop using bound minute books and store its meeting minutes only electronically?
Yes. The AG concluded a Mississippi municipality may stop maintaining bound minute books and keep all meeting minutes electronically, as long as the signing and seal requirements of § 21-15-3 are met …
Can a Mississippi community college spend public funds on PPE for students and employees without violating the constitutional ban on donations?
Yes, with a finding. The AG concluded a community college board may purchase PPE for students and employees if it determines the spending serves a statutory purpose (here, safe campus reopening) rathe…
Can a Mississippi town's Board of Aldermen order the mayor to make an employee show up at a board meeting, and what happens if the mayor refuses?
Mostly no. The AG concluded the Board of Aldermen cannot order the mayor to deliver a particular employee to a meeting (that crosses the legislative-executive line), but it can seek mandamus when the …
When an Arkansas Department of Health employee objects to her old discipline file being released, what does the AG actually decide?
The AG declined to opine on the specific records because Wylie did not submit them. AG Rutledge instead set out the legal standards (personnel records under the Young v. Rice balancing test, employee-…
When the Arkansas Department of Health releases a discipline file on a high-ranking employee, is that consistent with FOIA?
Yes. AG Rutledge concluded the ADH custodian's decision to release the three records (one personnel record, one mixed personnel/evaluation record, and one evaluation record), as redacted, was consiste…
What does Arkansas's AG do when a former police officer wants his personnel and internal-investigation files kept private from a FOIA requester?
The AG declined to opine on the specific records because Jeffers did not submit them to her office. AG Rutledge instead set out the FOIA framework: the AG's authority is limited to reviewing the custo…
Do union grievance procedures apply when Connecticut's police oversight board revokes an officer's certification?
The Connecticut AG concluded that collective bargaining grievance procedures do not apply to the state Police Officer Standards and Training Council's certification decisions, because POST certificati…
Does Delaware FOIA require a town council to take up a particular issue at a public meeting before the town manager or solicitor can act on it?
No. The AG ruled FOIA does not dictate when a public body must take up a matter of public business. Councilmember Vicki Carmean's complaint that Fenwick Island Town officials approved an open pool bar…
Can a state employee block release of her suspension records under Arkansas FOIA because she's afraid of harassment?
Yes for the release. AG Rutledge concluded the ADH custodian's decision to release the record about Kriesel's suspension was consistent with FOIA. Kriesel's fear of harassment was not a sufficient leg…
What does Arkansas's AG say when an ADH employee objects to a FOIA release of his termination records?
Not inconsistent. AG Rutledge concluded that, based on the face of the records, the ADH custodian's decision to release the requester's termination records was not inconsistent with the FOIA. The reco…
When a police officer works 12-hour shifts, does Arkansas count a 'working day' of sick leave as 8 hours or 12?
Yes to 8 hours, no to retention, probably no on payout. AG Rutledge concluded a court would likely construe 'working day' under Ark. Code Ann. 14-52-107(a)(1) and (2) to mean 8 hours, that officers ca…
Can an Arkansas city or county pass its own ordinance against drug possession, or has the state taken over the field?
Counties cannot criminalize felonies. Two conflicting county statutes need judicial or legislative resolution on the misdemeanor question. Cities cannot criminalize felonies but are explicitly authori…
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