State AG Opinions
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How much of a township road right-of-way must an adjoining landowner clear of vegetation under SDCL 31-31-2, and when does farming, fencing, or altering the grade of a section-line highway cross the line into illegal obstruction?
SDCL 31-31-2 requires the landowner to clear vegetation from the entire 66-foot right-of-way, to the extent the remaining vegetation can be cut with a mower (not just the shoulder). Farming, fencing, …
Can Tennessee force every city to grandfather existing short-term rentals and forbid future bans, when only some cities had rules on the books before 2014?
Mostly constitutional, but with one likely fatal flaw. The grandfather provision drawing the line at 2014 is rationally tied to when short-term rentals went mainstream and survives equal protection re…
Why did the Arkansas Attorney General reject the 2018 four-casino constitutional amendment ballot title?
AG Rutledge rejected the popular name as too long to function as a useful voter label, and rejected the 1,190-word ballot title because it failed to disclose that two of the four casinos were effectiv…
Does a Delaware FOIA complaint about missing insurance policy pages end once the town finally finds and sends them?
Yes. The AG found a complaint over Dewey Beach's slow production of insurance policy endorsement pages, including ones tied to military-surplus equipment storage, became moot once the town located and…
What redactions does Arkansas FOIA require before releasing a former city employee's personnel file to the news media?
Fayetteville's decision to release a former employee's personnel and evaluation records to media outlets was largely consistent with the FOIA. The AG ordered specific additional redactions to address,…
Why did Arkansas reject the 2018 ballot title for amending Article V, Section 20 sovereign immunity?
AG Rutledge accepted the 'authorized by the General Assembly' branch but rejected the rest of the ballot title because 'waived by the State' had no clear grammatical object and could mean either statu…
If a small Tennessee city's interstate ramps are within city limits but only one lane of the highway between them is, can the city's police enforce traffic laws on that stretch?
No. A Tennessee municipality with a population of 10,000 or less may enforce the rules of the road on an interstate only when the contiguous stretch between its two entrance and two exit ramps lies so…
Why did the Arkansas Attorney General reject the 2018 Independent Citizens Redistricting Commission ballot title?
AG Rutledge rejected sponsor David Couch's redistricting-commission ballot title because the commissioners' term length was undefined (creating an unclear 18-year cooling-off period), 'reasonably comp…
Can Tennessee community-corrections officers search offenders, and if not, can a court override that and authorize them to search?
No. The Tennessee Department of Correction (TDOC) administers the community corrections program statewide and has the sole authority to set standards under the Community Corrections Act of 1985. TDOC'…
Can a Tennessee citizen review board subpoena records and access information about pending criminal cases involving police?
A Tennessee citizen review board's subpoena power depends entirely on the local government charter that created it. The General Assembly has not given citizen review boards independent subpoena power.…
Can a Delaware state employee use FOIA to get her own ADA accommodation records from her employer?
No. The AG found the Department of Insurance could deny an employee's own FOIA request for her ADA accommodation emails as an exempt personnel file, even though she was the subject of the records, and…
Can a state agency release a former employee's evaluation record when the employee resigned 'in lieu of termination'?
It depends on whether the resignation was truly voluntary or was a forced/constructive termination. If voluntary, the four-prong test for releasing an evaluation record is not met because there was no…
If a state transit agency shares its FOIA system with a parent department, can it be blamed for 'ignoring' a request that the parent department answered?
No. The AG found Delaware Transit Corporation didn't violate FOIA when its parent agency, DelDOT, responded to a records request on both agencies' behalf through their shared FOIA system, even though …
Is a police department's response to a FOIA request 'delivered' if it's left in a parcel box marked packages-only?
Yes. The AG found a Delaware police department's hand-delivered FOIA response was timely even though it was left in a porch box meant for packages, not letters, and separately upheld withholding a rec…
Can a city withhold all records of an employee's computer-policy violation under the Arkansas FOIA employee-evaluation exemption?
No. Fort Smith improperly classified all records of an employee's computer-policy violation as exempt employee-evaluation records. Most are not evaluation records at all; the actual evaluation records…
Why did Arkansas reject Mary Berry's 2018 recreational marijuana ballot title for the third time?
AG Rutledge rejected this third Arkansas True Grass submission for the 2018 recreational-marijuana amendment because the latest text was a condensed re-organization of language already rejected. The o…
Could Tennessee constitutionally exempt aging whiskey barrels from property tax as 'manufactured articles' under article II, section 30?
No. Article II, section 30 of the Tennessee Constitution exempts only 'manufactured articles' in the hands of the manufacturer who made them. The Tennessee Supreme Court (Benedict v. Davidson County; …
Can a city police officer in Arkansas run for and hold an elected county office?
Yes. Nothing in the Arkansas Constitution prevents a city police officer from running for or holding an elected county office. Article 7, Section 53 (added by Amendment 95 in 2016) bars sitting county…
Does an Arkansas state employee who moonlights as a part-time police officer have to take annual leave to testify in court?
A state employee who also works part-time as a law enforcement officer and is subpoenaed to testify about that part-time work is a fact witness, not a paid expert witness, even though his part-time em…
Can the Fairfax County Park Authority ban drone takeoffs and landings in its parks despite a Virginia statute preempting locality regulation of private drones?
Yes. Although Code § 15.2-926.3 prevents 'localities' (counties, cities, towns) from regulating private drones, the Fairfax County Park Authority is a separate body politic and corporate, not a locali…
Does the $6 cap on unpaid toll fees apply to companies running Texas toll lanes, not just TxDOT?
The AG concluded the cap applies to those operators too. Senate Bill 312 limited the administrative fee the Texas Department of Transportation may add to an unpaid toll invoice to $6, with no more tha…
Can a Texas veteran get a VA cash-out refinance loan on their home?
The AG concluded no. A Texas 'cash-out' loan is a home equity loan, and the Texas Constitution lets a home equity loan be secured only by the homestead itself. Because a U.S. Department of Veterans Af…
Can a teacher employed by a JTED member district sit on the JTED's governing board, or is that a conflict?
The statute does not flat-out prohibit a member district's CTE teacher from serving on a JTED governing board, but the common-law doctrine of incompatibility of public offices likely does, because the…
Did Florida's rape-conceived-child parental-rights termination law qualify the state for federal Rape Survivor Child Custody Act funding in 2018?
Yes. Section 39.806(1)(m), enacted in 2013, allows a Florida court to terminate parental rights when a child was conceived through sexual battery as defined in § 794.011. The AG certified, in support …
Can the Delaware AG resolve a FOIA dispute over whether records are protected by attorney-client privilege or potential litigation?
Not fully. The AG found it structurally unable to verify New Castle County Council's privilege and potential-litigation claims without record-by-record detail FOIA doesn't require agencies to disclose…
Can a Washington school district count a full day of parent-teacher conferences as one of the 180 required school days, or does it need a waiver from the State Board of Education?
The AG concluded that a full day of parent-teacher conferences likely counts as a 'school day' under RCW 28A.150.220(5)(a), so no waiver is required. The AG flagged the question as close enough that a…
Can a state employee block release of records from her file that don't relate to her suspension under the Arkansas FOIA?
Largely consistent with the FOIA, with one redaction added. The Department of Finance and Administration's decision to release records in response to the news media's request for 'documentation relate…
Did a noncustodial parent in Oregon have the right to see their child's counseling and therapy records?
Yes, by default. The AG concluded that records from licensed professional counselors and marriage and family therapists qualify as 'psychological' records under ORS 107.154(3), so a noncustodial paren…
Can a Texas county pay a commissioner's salary out of the road and bridge fund?
The AG concluded it depends on where the money in the fund came from. A county may move property tax revenue out of the road and bridge fund into the general fund and use it to pay a commissioner's sa…
Can a small Texas city let the chamber of commerce use city workers and equipment for community events?
The AG concluded it can, but only if the city council makes the right findings first. The Texas Constitution's gift clause bars giving away public money or resources for a private purpose. A city may …
Can a Texas county leave the county judge out of its longevity pay policy?
The AG concluded a county can, with one condition. A county commissioners court has discretion to decide who gets longevity pay, and excluding the county judge is allowed even if the reason is that th…
After Trinity Lutheran, can Virginia localities give grants or contributions to churches and church-affiliated charities, and can a locality be sued for refusing to?
Code § 15.2-953 generally still prohibits Virginia localities from contributing funds, gifts, or donations to charitable institutions controlled in whole or in part by any church or sectarian society,…
Can a Virginia county and town ban motorboats on private lakes used as their public drinking water supply, and impose penalties for violations?
Yes. Both Pittsylvania County and the Town of Chatham have police-power authority to prohibit the use of internal-combustion-engine watercraft on Cherrystone and Roaring Fork Lakes because the lakes s…
Can a former Arkansas city clerk who later became mayor retire as a mayor before age 55 under a generic 'as may be amended' city ordinance?
Probably not, on the facts described. The 15+ years of clerk service cannot be counted toward the 10-year mayoral service requirement under § 24-12-123 because clerks have a separate retirement scheme…
Does federal ERISA law override Texas rules on small-employer health reimbursement arrangements?
The AG concluded a court would likely say yes, but only for one type of plan. After Congress created the qualified small employer health reimbursement arrangement (QSEHRA) in 2016, the AG read ERISA's…
Can a Texas water utility agency make a developer limit impervious cover to get water service?
The AG gave a partial answer. A public utility agency created under Chapter 572 can contract with private developers for water service on terms its board considers appropriate, as long as it stays wit…
Does a Delaware town's executive session agenda have to specify the exact topic, like naming a police department, or can it just cite the legal exemption?
Just citing the exemption is enough. The AG found Dewey Beach's agendas, which only quoted the FOIA personnel and records exemptions, met the minimum notice requirement even though reporters couldn't …
Is a meeting between a city manager and university officials subject to Delaware's open-meetings law?
No. The AG found a meeting between Newark's City Manager (a 'body of one') and University of Delaware staff about campus expansion plans wasn't a FOIA 'meeting,' since neither side was itself a public…
Do Tennessee's Rainy Day Fund deposits and withdrawals count as 'appropriations from state tax revenues' for the Copeland Cap?
No, on both questions. Money the State puts into the Rainy Day Fund (the statutory reserve for revenue fluctuation in Tenn. Code Ann. § 9-4-211) is 'allocated,' not 'appropriated,' so those deposits d…
Does a city council violate Delaware's open-meetings law by holding a press conference without notice?
Not automatically. The AG found a quorum of Seaford's city council attending a press conference about a new ordinance wasn't a FOIA 'meeting,' because the council members didn't discuss the matter amo…
Is it a FOIA violation if a Delaware town says requested records don't exist instead of formally denying the request?
No. The AG found the Town of Laurel's police department didn't violate FOIA by explaining that two of three requested items simply didn't exist, rather than issuing a formal written denial, since FOIA…
Can a publicly owned building that serves alcohol prohibit Arkansas concealed-carry license holders from possessing firearms on the premises?
Yes to both questions. A posted, written notice at a publicly owned building licensed to dispense alcoholic beverages, or at a publicly owned facility where beer or light wine is consumed, prohibits p…
Can the Delaware AG resolve a FOIA dispute when the two sides give completely contradictory accounts of what happened at a meeting?
No. The AG found it could not determine whether Dover's Ethics Commission held proper public votes to enter executive session or to dismiss an ethics complaint, because the requester and the Commissio…
Did the Arkansas AG approve the regional crisis stabilization unit interlocal agreement among Pulaski County and seven nearby counties and cities?
Approved as submitted. The interlocal agreement among Pulaski, Saline, Faulkner, Garland, Grant, Lonoke, Perry, and Jefferson Counties and the cities of Little Rock, North Little Rock, Sherwood, Jacks…
Why did Arkansas reject the 2018 ballot title authorizing the General Assembly to waive state sovereign immunity?
Popular name accepted, ballot title rejected. The phrase 'sovereign immunity' is a legal term of art most Arkansas voters do not know means the state cannot be sued in its own courts. Without a brief …
Did the Arkansas Attorney General approve the interlocal agreement renaming Pulaski County's CATA transit system as Rock Region METRO?
Approved as submitted. The interlocal agreement among Pulaski County and the cities of Little Rock, North Little Rock, Maumelle, and Sherwood satisfied the Interlocal Cooperation Act's requirements (§…
Can the West Virginia School Building Authority use FEMA flood-relief money to buy land for relocating damaged schools, even when its own regulations forbid spending Authority funds on site acquisition?
Yes, very likely. The AG concluded that the Legislature plainly authorized the Authority to administer 'all' federal funds for school construction, with 'construction project' defined to include 'the …
Can a Mountain View, Arkansas city clerk withhold employment applications, drug tests, and background checks under the FOIA?
Largely inconsistent with the FOIA. Job applications, pre-employment screens, post-employment drug tests, and criminal background checks are generally personnel records, not exempt evaluation records.…
Can you charge interest on a verbal loan in Arkansas, and does the 17% usury cap still apply?
Yes to all three questions. Arkansas law permits interest on verbal contracts and loans, subject to the constitutional 17% maximum interest rate under Amendment 89, Section 3. Some loan agreements sti…
Can a school district employee block release of her personnel file under the Arkansas FOIA because the requester has been harassing her?
There is no harassment exception to the Arkansas FOIA, and a custodian generally cannot consider the requester's motive when deciding whether a non-exempt record should be released. The Little Rock Sc…
Why did the Arkansas AG reject the Arkansas True Grass recreational marijuana ballot title for the second time?
AG Rutledge rejected the second Arkansas True Grass submission for the 2018 recreational-marijuana amendment because the sponsor added back large blocks of decriminalization text that the AG had previ…
Can Tennesseans carry handguns, rifles, or shotguns in public parks and other government recreational property, and can a city or county forbid it?
Tennessee Code § 39-17-1311 generally bars firearms in or on grounds of public parks, playgrounds, civic centers, and other recreational property owned, used, or operated by state, county, or municipa…
Does Tennessee's Alcoholic Beverage Commission have authority to require licensed distilleries to report the names of corporate shareholders and officers, and any change in those?
Yes. Although no Tennessee statute expressly authorizes it, Tennessee's Alcoholic Beverage Commission has the authority by necessary implication to require corporations that own and operate licensed d…
Did the City of Rogers properly classify and redact a former police employee's personnel file under the Arkansas FOIA?
Mostly consistent, with three significant corrections. The AG concluded that the City of Rogers correctly classified most of a former police employee's records but flagged classification errors. Exhib…
Are workplace training assessment reports about city employees public records in Delaware?
No, if they evaluate employees' strengths and weaknesses. The AG found Wilmington could withhold consultant-prepared training reports assessing Public Works employees as exempt personnel records, even…
Can a deputy sheriff stop the release of his 20-year-old personnel records under the Arkansas FOIA?
Largely consistent with the FOIA, with exceptions. Officer Mike Lira asked the AG to review the Benton County Sheriff's Office's decision to release his entire personnel file, including records dating…
Are Washington's Ferry Advisory Committees and the Ferry Advisory Executive Committee subject to the Open Public Meetings Act?
The local Ferry Advisory Committees yes, because their advice is a legally required step before the Department of Transportation can change fares or service levels. The Ferry Advisory Executive Commit…
Why did the Arkansas AG reject the 2018 Driving Arkansas Forward casino and highway funding ballot title?
Rejected. The AG identified multiple ambiguities in the proposed Arkansas Casino Gaming and Highway Funding Amendment of 2018 that prevented writing a fair ballot title. The word 'casino' was used inc…
Can a Florida fire and EMS district raise its ad valorem millage above the special-act-authorized 1 mill cap by board resolution after a one-time referendum?
No. Under Chapter 2005-329, Laws of Florida, and § 191.009(1), the Key Largo Fire Rescue and EMS District has to obtain referendum approval every year it seeks an ad valorem tax above 1 mill. Annual r…
Are 6th-grade students at Florida middle schools entitled to school-transportation when there are hazardous walking conditions?
Generally no. Florida's hazardous-walking-conditions transportation mandate applies to public-school students 'whose grade level does not exceed grade 6' only when 6th grade is part of an elementary s…
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