Case law

Untitled California Attorney General Opinion

California Attorney General Reports · Apr 11, 1990

"(a) Personal services contracting is permissible to achieve cost savings when all the following conditions are met: "(1) The contracting agency clearly demonstrates that the proposed contract … Since we are to assume the existence of civil service employees who are available and qualified to provide professional, technical, and related consultation and services in connection with the establishment and maintenance

Opinion No.

Arkansas Attorney General Reports · Apr 2, 2004

It establishes requirements with respect to employee work attendance and attendance records, areas clearly falling within the Quorum Court's local legislative authority, assuming no conflict with policies that bear uniquely … This of course assumes that the "deputized" employees would, in fact, thereby qualify as law enforcement officers.

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Florida Attorney General Reports · Mar 2, 1982

their jurisdiction and powers,' that could be taken to immunize the Dade County Home Rule Charter or the charters of Dade County municipalities from the operation of the Constitution or of general law; rather, the Court … City of Miami Springs, 245 So.2d 80 (Fla. 1971), wherein the Florida Supreme Court stated that as s 169.021, F.S., related to all municipalities in Florida, it clearly complied with the constitutional restriction contained

Opinion No. (1998)

Nebraska Attorney General Reports · Sep 17, 1998

First of all, if your prohibition on SID board membership in the same household is established by a restriction on running for a SID board, then there is a potential barrier to ballot access for SID candidates. … Restrictions on ballot access potentially burden two distinct and fundamental rights: the right of individuals to associate for the advancement of political beliefs and the right of qualified voters to cast their votes effectively

Opinion Number

Louisiana Attorney General Reports · Jun 13, 1994

It clearly states when the applicant has more than one pawnshop and been in business at least one year he "shall be eligible for a license". … They are presumed to be qualified.

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Florida Attorney General Reports · Apr 5, 1994

created by special act as an independent special district for the purpose of providing fire protection within the district. 1 The district is governed by a board of commissioners consisting of five commissioners who shall be qualified … controlled by, the rates and limitations set forth in section 112.061 , Florida Statutes, unless expressly and specifically exempted by general law or by the provisions of a special or general law. 9 The Deltona Fire District is clearly

Opinion No.

Texas Attorney General Reports · Sep 20, 2001

. § 172.004 (Vernon 1999) (county may establish a risk pool to provide health coverage for county officers, employees, retirees, and their dependants). … -Houston [14th Dist.], 1994 writ denied) (to prove affirmative defense of qualified official immunity, deputy constables had to establish, among other things, that they were on-duty at time of alleged assault).

Opinion No.

Arkansas Attorney General Reports · Feb 7, 1997

Although A.C.A. § 14-37-103 (a) establishes the general rules regarding the classifications of a municipality, there are additional statutes that may effect the classification. … It is my opinion that this section clearly prohibits any territory "embraced within the limits of any city or incorporated town" from being incorporated as part of another municipality.

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Florida Attorney General Reports · Mar 11, 1976

The establishment of a uniform license renewal form, while not clearly included in those related administrative functions which shall be exercised by the head of the department, is a specific function which may be assigned … For instance, s. 464.051(3)(b) provides that one of the duties of the board is to "[e]xamine, license, and renew the license of each duly qualified applicant," (Emphasis supplied.) and s. 464.21(2) imparts a quasijudicial

Opinion Number

Louisiana Attorney General Reports · Oct 21, 1998

Senate Bill 321, if ratified by the citizens of Louisiana during a vote on October 3, 1998, would permit convicted felons, who have not been pardoned and not presently incarcerated, to seek public office, "if the date of his qualifying … In examining this time period calculation language our courts have forged an interpretation of this language that establishes a clearly identifiable date on which to start the ten year period.

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Florida Attorney General Reports · Jun 6, 1983

Burton: This is in response to your request for an opinion on substantially the following question: CAN A MUNICIPALITY REPEAL OR AMEND WITHOUT REFERENDUM A CHARTER PROVISION ESTABLISHING THE PROCEDURE FOR AND PLACING LIMITATIONS … Section 90 of Ch. 9940, supra, conditioned the effectiveness of the Act upon ratification by the qualified electors of the city.

Opinion No.

Arkansas Attorney General Reports · Jun 27, 2008

Given that the record is kept by the School Board, was written by a school district employee, and the subject matter involves the performance of official functions, I believe the document in question clearly qualifies as … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1981

You ask several questions about rules promulgated by the Board of Medical Examiners on the delegation of health care tasks to qualified non-physicians. … We believe a qualified non-physician may administer immunizations even though his supervising doctor has not ma& individual determinations as to each person’s need for the vaccine.

Opinion No.

Arkansas Attorney General Reports · Dec 12, 2007

Pursuant to Amendment 79, a qualifying individual who purchases property will be entitled to have its assessed *Page 2 value frozen as of the date of purchase. … Const. amend. 79 , § (1)(d)(1)(A) clearly trumps what might otherwise be the effect of A.C.A. § 26-26-1120 (b). As the court noted in Gravett v.

Untitled California Attorney General Opinion

California Attorney General Reports · Jun 2, 1987

immunity from liability shall be provided for public entities and emergency rescue personnel providing emergency services." … However, the section specifically provides also that the immunity applies when "acting within the scope of their employment." (Subdiv. (b).)

Opinion Number

Louisiana Attorney General Reports · Nov 23, 1992

VII, Section 14 (C), must also meet the general standard for the non-gratuitous alienation of public funds or property established by Art. VII, Section 14 (A). See City of Port Allen v. La. … Clearly envisioned within the scope of BREC's statutory duties is the authority to contract for the construction of entrance or access roads and grade crossings necessary to afford the general public access to these public

Opinion No.

Arkansas Attorney General Reports · Apr 14, 2000

Article 7 , § 47 of the Arkansas Constitution provides: The qualified electors of each township shall elect the constable for the term of two years, who shall be furnished by the presiding judge of the county court with a … XX, § 16; accord A.C.A. § 14-14-1306 . 1 It would clearly run afoul of the Constitution for a quorum court to restrict the field of potential candidates for this position by imposing any further training qualifications.

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Colorado Attorney General Reports · Jul 21, 1976

Many cases have involved suits by or against the district attorneys, their offices or their deputies, which clearly indicate the ability to sue and be sued. See: McMullin v. … The offices have the ability to hire, fire and establish policy for their employees.

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Florida Attorney General Reports · Apr 16, 1975

The remaining provisions of s. 231.40, supra, define or qualify sick leave. … Such a sick-leave policy would clearly violate the following Equal Employment Opportunity Commission Guideline: . . .

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Florida Attorney General Reports · Oct 24, 2001

Question Three It is well established in Florida that the exemption for active criminal intelligence and investigative information does not exempt other public records from disclosure simply because they are transferred to … Clearly, the agency has the obligation to keep a copy of the public records so that they may be provided in accordance with the Public Records Act.