State AG Opinions
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Can a Florida city council move its municipal election day from a March date set by an old special law to November to align with state general elections, by ordinance and without holding a referendum?
Yes. Sections 100.3605(2), 101.75(3), and 166.021(4), Florida Statutes, authorize a municipality to move its election date by ordinance, even when an older special law specified the prior date. The 20…
Can a Delaware police department withhold automated gunshot-detection data by saying every alert now starts a criminal investigation?
Yes, after April 2017. The Delaware AG ruled Wilmington Police properly invoked the investigatory-files exemption for ShotSpotter activation records dated after April 2017, when the City started auto-…
When can Arkansas police and police from a bordering state work together legally, and what does the AG actually approve when looking at an interlocal agreement?
The AG approves the form, not the policy. Under § 25-20-104(f)(1) the AG checks that the agreement is in proper form and compatible with Arkansas law. Texarkana, AR and Texarkana, TX got approval here…
Can a Delaware agency hide police compensation records by tossing in three FOIA exemptions without explaining how any of them apply?
No. The Delaware AG ruled that DSHS violated FOIA by denying News Journal reporter Xerxes Wilson's request for Office of Highway Safety pay records to former Newport Police Chief Capriglione and other…
Can a Texas credit services organization help a consumer get a loan that isn't a payday or car-title loan?
Yes, generally, the AG advised, though whether any particular deal is legal is a fact question. A state representative asked whether chapter 393 of the Finance Code lets a credit services organization…
Can a Florida county use its 'bed tax' (tourist development tax) to repair or improve a city-owned museum building that is operated as a museum by a for-profit company?
No. Section 125.0104(5)(a) authorizes tourist development tax revenue to be used only on museums that are 'publicly owned and operated' or 'owned and operated by not-for-profit organizations.' A publi…
Once a Florida city council has appointed itself as the governing board of its community redevelopment agency, can it later transfer that authority to a separate independent board?
No. The AG read Chapter 163 as authorizing the switch only in one direction (independent board to governing body), not the reverse.
Did the Missouri AG approve the form of Deirdre Hirner's 2019 Article XIV initiative petition (file 2020-126)?
Yes, as to form. AG Schmitt approved the legal form of Hirner's petition 2020-126 to amend Article XIV of the Missouri Constitution (the article dealing with marijuana). Form approval under § 116.332 …
Can a Delaware agency charge me $3,665 to search for migratory-bird records, and does FOIA make the FOIA Coordinator answer my follow-up questions?
Yes to the cost estimate. The Delaware AG ruled DNREC properly itemized $3,665.36 in administrative fees backed by a sworn affidavit that the lowest-paid capable employees were assigned. The FOIA Coor…
If my spouse files FOIA requests and gets denied, can I petition the Delaware AG on her behalf?
No. Delaware FOIA's right to sue or petition belongs only to the citizen who was actually denied records. The four FOIA requests at issue were submitted to Sussex County by Stephanie Lynch, but the pe…
Can my old job application and resume become public records when I take a job with a county government, and what about my private-sector salary history?
Yes, the application and resume are personnel records that are mostly disclosable. The AG flagged one carve-out: the resume's prior private-employer salary history is highly personal financial informa…
When a Virginia magistrate orders a state hospital as the place of mental-health detention, can the sheriff sit on the transport for up to four hours while everyone keeps looking for a better bed?
No. The Virginia AG concluded that Va. Code § 37.2-808(O) gives the community services board and the state facility extra time to look for an alternative bed, but it does not authorize the sheriff to …
Does a West Virginia county commission have to pay back the legal fees of a Public Service District board member who successfully defended an ethics complaint, and does it matter that the county dissolved the PSD before the request was decided?
No to both. The AG concluded that a county commission has neither express nor implied authority to reimburse a PSD board member's legal fees, because, unlike with solid waste authorities or planning c…
Can a Delaware city council preemptively bar a citizen from speaking at public comment because of profanity used at a prior meeting?
No. The Delaware AG ruled that the City of Wilmington violated FOIA by preemptively barring Dion Wilson from speaking at the September 19, 2019 public comment period because of profanity he used at th…
If a Delaware county council posts its meeting notice at 5:35 PM after the building closes, does that violate FOIA's seven-day rule?
No. The Delaware AG ruled Sussex County Council did not violate FOIA when it posted its September 24, 2019 meeting notice at 5:35 PM on September 17, 2019, after the Administration Building closed. FO…
When a special election has only one unopposed candidate, does the county election board still need to print ballots and run polls, or can they certify the candidate after filing closes?
Under § 7-11-107, the more specific special-election statute, an unopposed candidate can be certified without running a full election. But the board must still wait until after the date set in the Gov…
Can a private company in Arizona use eminent domain to take land for an interstate electric transmission line?
Yes, in principle. A private developer may invoke A.R.S. §§ 12-1141 to -1162 for a transmission line crossing into California, but only if (1) the developer qualifies as an 'authorized corporation' (r…
When a Texas city annexes land along a county road, must it annex the whole road too?
Yes, the AG advised, even when the annexation started as a landowner petition rather than a city-driven move. A county attorney asked whether section 43.106 of the Local Government Code, which says a …
Can a justice of the peace release arrest affidavits that could identify a child sex-abuse victim?
Not without protecting the child's identity, the AG advised, though the precise reconciliation is a court's call. A criminal district attorney asked whether probable cause affidavits likely to identif…
Can a Texas city's dangerous-dog ordinance override the state 30-day rule or appeal-bond amount?
Mostly no, the AG advised, because a home-rule city ordinance cannot conflict with state law. A House committee chair asked whether several Dallas City Code dangerous-dog provisions clashed with subch…
Did the Missouri AG approve the ballot summary for DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 1, file 2020-121)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Aull's Article IX petition 2020-121 (version 1). The petition would have authorized the General As…
Did the Missouri AG approve the ballot summary for DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 4, file 2020-120)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Aull's Article IX petition 2020-120 (version 4). The petition would have authorized the General As…
Did the Missouri AG approve the ballot summary for DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 3, file 2020-119)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Aull's Article IX petition 2020-119 (version 3). The petition would have authorized the General As…
Did the Missouri AG approve the ballot summary for DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 2, file 2020-118)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Aull's Article IX petition 2020-118 (version 2). The petition would have authorized the General As…
Did the Missouri AG approve the ballot summary for DeeAnn Aull's 2019 Article IX education-funding initiative petition (version 1, file 2020-117)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Aull's Article IX petition 2020-117 (version 1). The petition would have authorized the General As…
Did the Missouri AG approve the form of Deirdre Hirner's 2019 Article XIV initiative petition (file 2020-125)?
Yes, as to form. AG Schmitt approved the legal form of Hirner's petition 2020-125 to amend Article XIV of the Missouri Constitution (the article dealing with marijuana). Form approval under § 116.332 …
When a juvenile is adjudicated delinquent for a serious offense, can a prosecutor send the disposition info to the school district without violating the juvenile's privacy laws?
Yes. Act 647 of 2019 (Ark. Code Ann. § 6-10-133) requires the prosecuting attorney to notify the school superintendent. The 'no release in violation of privacy laws' caveat in § 6-10-133(d) restrains …
If somebody owes personal property taxes in Arkansas and then sells the property, does the tax lien follow the property to the new owner?
Yes. Under Ark. Code Ann. § 26-34-101 the tax lien attaches when the property is assessed and follows the property through subsequent sales. Even a buyer in the ordinary course of business probably do…
Once a personal-property tax lien attaches in Arkansas, does it follow the property if it gets sold to someone else, including aircraft buyers?
Yes. Section 26-34-101 makes personal property tax liens follow the property through subsequent sales. For aircraft, the lien must be filed with the FAA's recordation system to keep its priority again…
In a South Dakota county that has adopted a comprehensive plan, can the county commission hear variance requests from the county subdivision ordinance on its own, or does the board of adjustment have to handle them?
The board of adjustment handles them. SDCL 11-2-17.1 carves out a different procedural track only for counties that have NOT adopted a comprehensive plan. Pennington County has one, so SDCL 11-2-49 ap…
Did the Missouri AG approve the ballot summary for James Owen's 2019 Chapter 393 renewable-energy-standard initiative petition (version 4, file 2020-116)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Owen's petition 2020-116 (version 4) to amend Chapters 393 & 386 RSMo. The petition would raise Mi…
Did the Missouri AG approve the ballot summary for James Owen's 2019 Chapter 393 renewable-energy-standard initiative petition (version 3, file 2020-115)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Owen's petition 2020-115 (version 3) to amend Chapter 393 RSMo. The petition would raise Missouri'…
Did the Missouri AG approve the ballot summary for James Owen's 2019 Chapter 393 renewable-energy-standard initiative petition (version 2, file 2020-114)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Owen's petition 2020-114 (version 2) to amend Chapter 393 RSMo. The petition would raise Missouri'…
Did the Missouri AG approve the ballot summary for James Owen's 2019 Chapter 393 renewable-energy-standard initiative petition (version 1, file 2020-113)?
Yes, as to legal content and form. AG Schmitt approved the Secretary of State's summary statement for Owen's petition 2020-113 (version 1) to amend Chapter 393 RSMo. The petition would raise Missouri'…
Did the Missouri AG approve Charles Hurth's 2019 Article VIII initiative petition (2020-124)?
No. AG Schmitt rejected the petition's form because it failed to bracket deleted matter and underline new matter as required by § 116.050 RSMo. The AG did not check for any other defects. Under § 116.…
When my application is FOIA-released, do they need to redact my ZIP code and any unexplained number next to my name?
Yes. The AG flagged two missed redactions: the ZIP code (a component of 'home address' under § 25-19-105(b)(13)) and any unexplained number that may be the personnel number (exempt as a computer-secur…
How must a Texas county pay an attorney appointed to fill in for a recused district attorney?
By the county's fixed fee schedule, not an open-ended opt-out, the AG advised, and only an attorney appointed after the DA actually steps aside counts as a pro tem. A county auditor asked several ques…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for DeeAnn Aull's initiative petition version 2 (20-122)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not describe the initiative's subject; it reproduces the projectio…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for DeeAnn Aull's initiative petition version 1 (20-121)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not describe the initiative's subject; it reproduces the projectio…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for DeeAnn Aull's initiative petition version 4 (20-120)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not describe the initiative's subject; it reproduces the projectio…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for DeeAnn Aull's initiative petition version 3 (20-119)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not describe the initiative's subject; it reproduces the projectio…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for DeeAnn Aull's initiative petition version 2 (20-118)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not describe the initiative's subject; it reproduces the projectio…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for DeeAnn Aull's initiative petition version 1 (20-117)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not describe the initiative's subject; it reproduces the projectio…
After Tennessee's 2019 firearm-definition change, can convicted felons possess antique firearms like black-powder guns?
As a matter of Tennessee law, yes. Public Chapter 279, effective May 2, 2019, removed antique firearms from the statutory definition of 'firearm,' so the state-law possession bans no longer reach them…
Can an Arkansas mayor draw both an APERS pension for service as mayor AND the separate mayor's retirement under § 24-12-123?
Almost certainly not. Several Arkansas statutes bar drawing benefits from APERS and the local § 24-12-123 plan for the same service period. The mayor likely had to elect one or the other within 90 day…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for James Owen's initiative petition version 4 (20-116)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not lay out the initiative's full subject; it reproduces the proje…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for James Owen's initiative petition version 3 (20-115)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not lay out the initiative's full subject; it reproduces the proje…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for James Owen's initiative petition version 2 (20-114)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not lay out the initiative's full subject; it reproduces the proje…
Did the Missouri AG approve the form of the State Auditor's fiscal note summary for James Owen's initiative petition version 1 (20-113)?
Yes. AG Eric Schmitt approved the legal content and form of the fiscal note summary under Mo. Rev. Stat. § 116.175.4. The letter does not lay out the initiative's full subject; it reproduces the proje…
Are an Arkansas teacher's employment contract, license, termination recommendation letter, and resignation letter all releasable under FOIA when someone requests the file?
Contracts and licensure certificates: yes (with redactions). Termination recommendation letter: depends on whether it details performance (evaluation record) or just states the recommendation (personn…
Can a Delaware agency hide federal-agency records by claiming they are part of someone else's law enforcement investigation?
No. The Delaware AG concluded that DNREC violated FOIA by denying AP reporter Randall Chase's request for PFAS water-monitoring records. DNREC could not invoke the investigatory-files exemption based …
How do I get the AG to actually rule on whether the sheriff's office can release my employment records, instead of just laying out the legal test?
By submitting the actual records and the custodian's specific determinations. Without those, the AG can only set out the legal framework. The substantive answer to whether the records can be released …
When a Colorado statute says a state board appoints a division director, but the state constitution says the department head appoints them, who actually has the appointing power?
The department head. Under Colo. Const. art. XII, § 13(7), the head of each principal department appoints division heads in the personnel system, and any statute that purports to give that authority t…
Can a joint self-insurance pool pick the lawyer who defends a Washington county against a tendered claim, without the elected county prosecutor's consent?
Generally no. Defending the county and advising county officials are core constitutional and statutory functions of the elected prosecuting attorney. The pool's authority under RCW 48.62.031(4)(b) to …
If a Delaware public body's agenda labels an item by complainant type rather than the actual school or activity, is that a FOIA notice violation?
Yes. The Delaware AG ruled DIAA's Sportsmanship Committee violated FOIA by listing the agenda item as 'Sportsmanship Complaint – Parent,' which gave no clue the discussion concerned Concord High Schoo…
Is a Delaware county 'working group' picked by the County Administrator subject to FOIA's open meeting rules?
Yes. The Delaware AG ruled Sussex County's Buffers and Wetlands Working Group is a 'public body' under FOIA. The County Administrator picked the members, and the group was charged with making recommen…
Does the 2019 Tennessee law that lets only Madison County voters recall school board members, by using a population bracket of 98,200 to 98,300, raise constitutional concerns?
Yes. Without a rational basis tied to population for the Madison-County-only bracket, the law raises serious questions under Tennessee's equal-protection clause and its prohibitions on class legislati…
What counts as a 'note' under Tennessee's Collection Services Act exemption, and does the Collection Services Board have to investigate whether the underlying debt is a note?
'Notes' in the exemption means written promissory notes only, not ordinary credit accounts dressed up as 'written promises to pay.' Reading it broadly would swallow the rest of the statute. The Board,…
Can a Texas jail let a contractor post a bail-bond information signboard inside the facility?
Probably yes, the AG advised, but no law requires the jail to allow it. A state representative asked whether the ban on bail bond sureties soliciting business inside a jail stops a third-party contrac…
Can a Texas sheriff pay a deputy a salary stipend out of jail commissary funds?
Possibly, and the call is the sheriff's to make in the first place, the AG advised. A district attorney asked whether the Hunt County sheriff could use county jail commissary funds (money generated by…
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