State AG Opinions
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Does a city council violate Delaware's open meetings law if a consultant interviews each council member separately about the same topic?
No, according to this opinion. The Delaware AG found that a Human Resources consultant's one-on-one interviews with each Newark City Council member and the Mayor, gathering their individual views for …
Are the costs of court-appointed defense attorneys for indigent criminal defendants public record in Delaware?
Yes, but only in aggregate. The AG ruled Delaware's public defense agency had to disclose the total costs and payments for court-appointed defense attorneys representing a group of indicted defendants…
Are public employees' names, job positions, and pay rates releasable under the Arkansas FOIA, even over the employees' objections?
Yes. AG Rutledge confirmed that names, positions, and salary information for public utility employees are personnel records that must be released under the Arkansas FOIA, and that employees' objection…
Does a city staff committee count as a public body under Delaware's open meetings law if no elected official sits on it?
Yes, according to this opinion. The AG ruled that Seaford's Employee Benefit Committee was a public body under Delaware FOIA because the City Manager, a public official, appointed its members and the …
Can a Delaware prison keep the names of employees assigned take-home cars secret for safety reasons?
Not the names, but some vehicle details can stay private. The AG ruled DOC had to disclose the names and titles of administrators assigned take-home vehicles as a form of public employee compensation,…
Can California voters use the local referendum power to block a city's resolution selling former redevelopment-agency property under a long-range plan that the state has already approved?
No. The AG concluded that a city's resolution implementing a long-range property management plan that the oversight board and the Department of Finance had already approved was an administrative act, …
Why did the Arkansas AG reject David Couch's first April 2018 minimum wage ballot title?
AG Rutledge rejected the April 26, 2018 first draft for ambiguities in how it would affect existing Arkansas wage law. The reviewer required Couch to clarify how the proposal interacted with current s…
Could Connecticut ban employers from forcing workers to attend meetings about unions, or would federal labor law block the state from doing that?
AG Jepsen advised that a court would likely strike down HB 5473 as preempted by the National Labor Relations Act. The bill would have made it illegal for employers to require workers to attend meeting…
Did the Idaho AG flag legal problems with the 2018 historical horse racing initiative (Proposition 1)?
Yes. AG Wasden's Certificate of Review warned that wagering on 'historical horse race terminals' (also called 'instant racing') may not qualify as pari-mutuel betting under the Idaho Constitution, cit…
Can a city sue in California to remove a water district director, claiming the district wrongly excluded the city's nominee from the appointment ballot?
The AG granted the City of Huntington Park leave to sue in quo warranto. The dispute presented substantial legal and factual questions about whether the city's nominee qualified as a 'representative o…
What happens when an Arkansas ballot-title sponsor resubmits virtually the same proposal the AG already rejected?
The AG rejects it again. Robert Reed's 2018 Hemp and Cannabis Amendment was nearly identical to a 2016 proposal the AG had already flagged with serious ambiguities (Op. 2016-110). The AG will not cons…
Can a city's Advertising and Promotion Commission use A&P tax money to build a youth-programming auditorium next to its existing convention center?
Yes, likely. AG Rutledge concluded the A&P Commission may spend its funds either as a convention center 'extension' (if annexed) or as a 'public recreation facility' under Ark. Code Ann. § 26-75-606, …
If a state board member also works for a private contractor, can that contractor still bid on state work, and what are the conflict-of-interest rules?
A member of the Underground Storage Tanks and Solid Waste Disposal Control Board is a state official, not a state employee. The contractor that employs that member may bid on state work as long as the…
If the holder of a private transfer fee on Texas property botches the required notice, is the fee void, and what about a seller's disclosure?
The AG concluded that the rules are strict for the fee holder and looser for the seller. Property Code section 5.203 says that if the payee of a pre-2011 private transfer fee obligation fails to file …
Does Texas's SB 312 force the Loop 1604 toll project to repay state highway money, or is it exempt because its environmental review started early?
The AG could not give a yes-or-no answer because it turns on disputed facts. Senate Bill 312 amended the Transportation Code so a toll project entity does not have to repay funds the Department of Tra…
Can Texas require food to be eaten on the premises before a restaurant's scale is exempt from state weights-and-measures registration?
The AG concluded that a court would likely strike down that requirement. Agriculture Code section 13.1002 exempts a commercial weighing device used exclusively to weigh 'food sold for immediate consum…
Who pays for a disaster property reappraisal in Texas, and must owners be notified when their value goes down?
The AG concluded two things. First, a taxing unit that authorizes a disaster reappraisal must pay the appraisal district all the costs of making it, but the district cannot bill for routine reappraisa…
Can the Texas Governor suspend election laws and call an early special election during a disaster?
The AG concluded the Governor's disaster powers reached that far. Under Government Code section 418.016(a), the Governor may suspend Election Code timing and procedure rules to the extent strict compl…
Why did the Arkansas AG reject the first April 2018 draft of the Citizens' Redistricting Commission constitutional amendment?
AG Rutledge rejected the first draft for ambiguities, particularly around the undefined term 'immediate family member' (used as an eligibility disqualifier) and the undefined term 'Arkansas public off…
Can Texas TCEQ deny an air permit for a concrete plant because it conflicts with city zoning?
The AG concluded that local zoning has little role in these air permits. Section 382.112 requires the Texas Commission on Environmental Quality to give maximum consideration to a local government's re…
Can two Arizona fire districts merge their operations under a single joint authority without putting it on the ballot, and is that a disenfranchisement of voters?
Yes, the Central Arizona Fire and Medical Authority (CAFMA), formed by Central Yavapai Fire District and Chino Valley Fire District in 2015, was lawful. A.R.S. § 48-805.01 expressly allows fire distri…
When does the Arkansas FOIA require a city to release disciplinary records of a senior public employee, even over the employee's objection?
When the disciplinary record involves repeated infractions by a high-ranking employee, including matters touching public funds, the AG considers the 'compelling public interest' standard met and the c…
Could Connecticut authorize the East Windsor tribal casino, or open the door to sports betting, without the federal Department of the Interior's approval of compact amendments?
AG Jepsen advised against acting without that approval. The 2017 statute authorizing the joint Mashantucket-Mohegan casino in East Windsor required Interior to approve amendments to the gaming compact…
Why did the Arkansas AG reject the first April 2018 draft of the four-county casino constitutional amendment?
AG Rutledge rejected this April 16, 2018 first draft because key provisions were ambiguous: it did not explain how the franchise holders' obligations or penalties for non-racing would actually work, a…
Is a mandatory municipal solid waste collection fee subject to the Arkansas gross receipts tax?
The AG declined to answer this question, explaining that interpretations of state sales tax law are the responsibility of the Arkansas Department of Finance and Administration's Revenue Division, not …
Can an Arkansas school district avoid Arkansas FOIA by hiring a private firm to handle confidential superintendent applications?
No. AG Rutledge concluded that when a private search firm collects superintendent applications for a public school district, the firm is acting as the 'functional equivalent' of the district, and the …
Can a Delaware school district charge $800 to search employee emails for a FOIA request?
The specific complaint became moot before the AG ruled on the merits, but the AG still warned the district that FOIA requires searching its own email records with reasonable effort before outsourcing …
Can Delaware's Office of the State Bank Commissioner deny a FOIA request from an out-of-state publisher?
Yes. The AG upheld the office's denial of a FOIA request from an Illinois-based publisher, reaffirming that Delaware public bodies are only required to comply with records requests from Delaware citiz…
Does a FOIA complaint about a missing report end once the town sends it a day later?
Yes. The AG found a reporter's complaint over Dewey Beach's delayed agreed-upon-procedures report was moot once the town sent the completed report within 24 hours of her follow-up, even though she wan…
Can a Fort Smith Police Department internal investigation file be released under FOIA when the officer resigned before the investigation finished, but the department says he was terminated?
The AG declined to definitively resolve the question. Whether the officer resigned or was terminated is a factual dispute outside the AG's review authority. The custodian must classify the records and…
Are complaints about Arkansas public school employees exempt from FOIA, and what should a requester do when an agency claims a record does not exist?
The AG declined to opine on the abstract question of whether complaints are exempt, explaining that classification depends on the specific record's circumstances. The AG also noted she has no power to…
Can the East Tennessee Regional Agribusiness Marketing Authority lease its 76-acre I-81 property to non-agribusiness, non-wastewater tenants to bring in any kind of jobs?
No. The East Tennessee Regional Agribusiness Marketing Authority (ETRAMA) only has authority to develop or lease its property for activities that further one of its two statutory purposes: operating a…
Can an out-of-state call center handle property maintenance calls and rental inquiries for Arizona properties without a real estate license?
Yes, with conditions. Out-of-state call center workers handling maintenance calls (taking the call, routing the work order, dispatching emergency repair) for Arizona residential rentals are exempt fro…
When can a California city sue to remove a council member by claiming the member did not actually live in the council district during the residency window?
The AG denied the City of Dixon's quo warranto application against council member Devon Minnema. Sworn statements of residence, voter registration, change-of-address records, and corroborating affidav…
Why did the Arkansas AG reject Randall Bynum's first April 2018 four-county casino constitutional amendment?
AG Rutledge rejected the April 10, 2018 first draft for fundamental problems and ambiguities in the text of the proposal. This was a competing 4-county proposal (Benton, Boone, Miller, Pulaski) differ…
Do alcohol-delivery apps (like Drizly) need an Arizona liquor license, and how do delivery and after-hours rules apply when an unlicensed app is the front end?
Five answers in one opinion. (1) An unlicensed app that 'sells' alcohol violates the 2:00-6:00 a.m. service hour ban by accepting orders during those hours, even if the alcohol is not delivered until …
Can the Tennessee legislature use a narrow population bracket to let one specific county collect a tax that state law forbids?
Yes, the proposal raises serious constitutional concerns. HB 2341/SB 1652 would exempt Obion County from the statewide ban on duplicate hotel/motel occupancy taxes by drawing a narrow population brack…
Can a Tennessee judge follow the Code of Judicial Conduct's bar on sexual-orientation bias while still applying state law that does not prohibit sexual-orientation discrimination, and does the rule on organizational membership exclude judges who belong to traditional religious congregations?
Yes to question 1, no to question 2. A Tennessee judge can comply with Rule of Judicial Conduct 2.3, which bars manifestations of bias based on sexual orientation among other characteristics, while st…
Can a city council member who also practices law represent a private client whose interests are adverse to the city, or vote on a council matter that affects that client?
No on both counts. The AG concluded that an attorney who serves on a city council may not advocate for a client whose interests are adverse to the city, even pro bono and even if the matter is not in …
Can a state agency release a former employee's evaluation record after FOIA request when the record was the basis for a DUI-related termination?
Yes. AG Rutledge confirmed that an Arkansas Department of Community Correction (ACC) record was properly classified as an employee evaluation record, that the four-element test for release was met (in…
Can Tennessee give landlords a property tax break for renting at below-market rates to low-income tenants without violating equal protection or uniform taxation rules?
Yes. The proposed Affordable Rental Property Act, HB 1987, is constitutional. The bill creates an opt-in property tax classification for landlords who voluntarily restrict their property to affordable…
Can a Florida city, in a local ethics investigation, decide whether an elected official violated the state ethics code section 112.313?
No. The Florida Constitution and the state Code of Ethics give the Florida Commission on Ethics exclusive authority to determine whether an elected official violated § 112.313. A city, in a local ethi…
Why did the Arkansas AG reject the very first March 2018 draft of the four-county casino constitutional amendment?
AG Rutledge rejected this March 29, 2018 draft for ambiguities about the franchise holders' obligations and the relationship between casino licensing and racing operations, the same kinds of issues th…
Could the Arkansas Economic Development Commission make Minority Business Loan Mobilization Fund loans to women-owned businesses before the legislature formally amended the loan-fund statute?
No. AG Rutledge concluded that even though Act 1080 of 2017 expanded the broader Minority Business Economic Development Act to cover women-owned businesses, the specific loan-fund statute (Ark. Code A…
Can a former state agency lawyer represent private clients against the agency after leaving state employment?
A former DF&A staff attorney is not permanently barred from representing private clients in tax disputes against the State, but is barred for one year from cases that fell within his official responsi…
Is Arkansas's 2017 'In God We Trust' poster law (Act 911) constitutional under the First Amendment?
Yes, in the AG's view. AG Rutledge concluded that Act 911 (requiring schools and state agencies to display posters with the national motto and U.S./Arkansas flags when funded by donations) is not pree…
Do Arkansas housing authority and urban renewal agency commissioners have to live in the area their agency serves?
Yes. AG Rutledge concluded these commissioners hold a 'civil office' under Article 19, section 3 of the Arkansas Constitution, which requires them to be qualified electors within the political subdivi…
Can the Washington State Auditor audit UW Physicians, the nonprofit corporation that provides medical services through the University of Washington School of Medicine?
Likely yes. The AG concluded that the University exercises so much control over UW Physicians (UWP) that a court would treat it as the functional equivalent of the University for state-auditor purpose…
Can Tennessee fix the constitutional problem with the whiskey-barrel tax exemption by adding a legislative interpretation of 'manufactured article'?
No. SB 2076/HB 2038 (2018) as amended by Amendment No. 2 (HA 0942) is unconstitutional. The amendment tried to fix the constitutional problem identified in Tenn. Att'y Gen. Op. 18-06 (March 5, 2018) b…
Is a Tennessee bill creating senior 'business judges' appointed by the Supreme Court without a one-year-minimum or election history constitutional?
Yes, the senior-business-judge provisions raise constitutional concerns under Tenn. Const. art. VI, § 4 (election of judges). SB 2493/HB 2184 (2018) would let the Tennessee Supreme Court appoint as se…
Can a Texas constable also serve as a deputy sheriff and enforce truck-weight limits?
The AG concluded yes. No statute, the Texas Constitution's dual-office ban (article XVI, section 40), nor the common-law incompatibility doctrine stops a constable or deputy constable from also servin…
When does postmortem toxicology testing in Texas need Forensic Science Commission accreditation?
The AG concluded it depends on why the test was ordered. A lab doing postmortem toxicology at a medical examiner's or forensic pathologist's request is a 'crime laboratory' needing Forensic Science Co…
Can a Texas county deduct money from a worker's paycheck for using tobacco?
The AG concluded that no provision of the Local Government Code lets a county dock an employee's salary without consent just because the employee uses tobacco. But a county does have authority to prov…
Are Tennessee counties or cities required to pay for the burial or cremation of indigent residents?
Tennessee local governments are not required to provide burial, cremation, or funeral services for indigent residents. Tenn. Code Ann. § 5-9-101(4) authorizes counties to appropriate funds for the bur…
When can Texas police release or withhold body camera footage to the public or city officials?
The AG drew different lines for different requesters. For the public, body-camera video that is or could be criminal evidence runs through the Public Information Act; an agency may withhold it under t…
Can a Texas officer watch other officers' body camera video before giving a statement?
The AG concluded the officer gets to choose. Occupations Code subsection 1701.655(b)(5) requires a law enforcement agency's body-camera policy to entitle an officer to access any recording of an incid…
Does a Tennessee distillery that sells its own spirits for on-premises consumption owe the 15% liquor-by-the-drink tax?
Yes for the 15% liquor-by-the-drink tax, no for the annual facility-type privilege taxes. A licensed Tennessee distillery selling its own alcoholic beverages for on-premises consumption under Tenn. Co…
If Tennessee adopted ABA Model Rule 8.4(g) banning lawyer harassment and discrimination 'related to the practice of law,' would that violate Tennessee attorneys' constitutional rights?
Yes, the proposed Rule of Professional Conduct 8.4(g), patterned after ABA Model Rule 8.4(g), would violate the constitutional rights of Tennessee attorneys. The opinion incorporates the AG's comment …
Does a Delaware police department have to answer written questions submitted as a FOIA request?
No. The AG found the Wilmington Police Department did not violate FOIA by not answering an incarcerated requester's three questions, since FOIA only requires producing existing records, not answering …
What happens if a Delaware public body keeps denying FOIA requests after the AG already ruled it must comply?
The AG will find another violation, but can't force compliance itself. The AG ruled the Trustees of New Castle Common violated FOIA again by denying a records request based on its rejected argument th…
How these opinions are useful
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- Persuasive authority: Not binding like court decisions, but they carry significant weight.
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