Case law

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Florida Attorney General Reports · Oct 12, 1982

The legislative department of the government consists of the city commission, five members in number, duly elected by the qualified voters of the city. The executive department of the government consists of the mayor. … The presence of the mayor at city council meetings does not count for purposes of establishing a quorum although it is his duty to attend all meetings of the city council.

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Florida Attorney General Reports · Apr 10, 1980

Your initial inquiry and the supplemental information supplied establish the following factual situation. … The above factual statement applied to the material provisions of ss. 196.031 (1) and (2) and 196.041 would seem to clearly establish that the mobile home owner in question does not fall within the terms of these statutes

Opinion Number

Louisiana Attorney General Reports · Jun 1, 2000

The qualified electors of the District authorized the imposition of a sales tax dedicated for the purposes of paying the cost of construction, acquiring, improving, maintaining and operating a solid waste collection and disposal … There is no indication that it is meant to be an exception to the rule of § 14(A); the exceptions are clearly contained in § 14(B).

Opinion No.

Arkansas Attorney General Reports · Sep 28, 2000

I , which prohibits any government action "respecting an establishment of religion," and Ark. Const. art. … I use the qualifier "probably" because the statute is slightly confusing regarding its scope.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1981

Suite 160 Drainage District No. 7, a special district established pursuant to El Paso. TX. 79905 article XVI, section 59 of the Texas Constitution. … The legislature is clearly empowered to determine that the requisite number of signatures on a petition to call an election be less than a majority.

Opinion No.

Arkansas Attorney General Reports · Nov 19, 2002

Section 16-17-602 of the Code (Repl. 1999) authorizes the establishment of small claims divisions of municipal courts, which, upon the adoption in 2000 of Ark. amend. 80, § 7 have been redesignated "district courts." … An individual not licensed as an attorney is clearly precluded from pursuing such an action on behalf of another. Assistant Attorney General Jack Druff prepared the foregoing, which I hereby approve.

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Florida Attorney General Reports · Jun 1, 2005

powers necessary or incident to carrying out such enumerated powers. 4 Those powers that may be exercised by county governments, however, are ultimately derived from the state and the jurisdiction of every county may be qualified … . . for domestic, municipal or industrial uses[.]" 6 Section 180.301 , Florida Statutes, provides a procedure for the purchase, sale, or privatization of water, sewer, or wastewater reuse utilities by municipalities and establishes

Opinion No.

Arkansas Attorney General Reports · Sep 12, 2005

A subcontractor who was owed money argued that this exception did not apply to a secondary vacation home because, not qualifying as a domicile, it could not be a "residence" under the statute. … The context of A.C.A. § 14-20-108 is clearly volunteer fire departments, and the aim of the statute is clearly to assist in dues collection efforts.

Opinion No.

Arkansas Attorney General Reports · Dec 31, 2008

who were legally qualified to vote in the contest instead voted in other constable contest(s). … For reasons described in some detail in response to your second question, the office of constable is clearly a township office.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1978

The latter statute authorizes every incorporated city with a regularly organized active fire department to establish a firemen’s retirement fund. … Clearly, fire protection constitutes a “public purpose.”

Opinion Number

Louisiana Attorney General Reports · Jun 26, 1999

In your first question, you ask at what point in the process of qualifying to attend a post-secondary institution has a student "redeemed" a Louisiana Honors Scholarship. … If the Legislature had intended to limit when the TOPS Scholarships could be redeemed, it could have clearly so stated.

Untitled California Attorney General Opinion

California Attorney General Reports · Jan 3, 1997

"Unless unreasonable or clearly contrary to the statutory language or purpose, the consistent construction of a statute by an agency charged with responsibility for its implementation is entitled to great … A facility operated in conjunction with a weekly CFM does not qualify under this administrative interpretation.

Opinion No.

Arkansas Attorney General Reports · Sep 15, 2009

*Page 3 Given that the subject of the request is a former city employee, the records are presumed to qualify as "public records" under this definition. As I stated in Op. … records should be properly withheld from public disclosure or redacted under the FOIA, I must necessarily be somewhat circumspect in my description of them in a published opinion from this office. 2 Section 25-19-103 (5)(A) establishes

Opinion No.

Texas Attorney General Reports · May 11, 1999

The constitution now allows the legislature by general law to permit a qualified religious society, qualified volunteer fire department, qualified volunteer emergency medical service, or qualified nonprofit organization to … Jude is an organization qualified under the Act to conduct raffles. Rather, we answer your questions in order to guide those organizations who are qualified to do so.

Opinion No.

Arkansas Attorney General Reports · Jan 11, 2008

Given that you are an employee of the Arkansas Game Fish Commission, I believe that the records requested clearly qualify as "public records" under this definition. As my predecessor noted in Op. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion No. (1998)

California Attorney General Reports · Nov 13, 1998

In examining this language of section 810.2 , we apply well established principles of statutory construction. … When the right to exercise complete control is retained, an employer-employee relationship is established.

Opinion No.

Texas Attorney General Reports · Dec 22, 1987

A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the legislature of the State to establish and make suitable provision for the support … The rights, duties, privileges, or obligations granted or imposed must be definitely fixed or determined, or the rules by which they are to be fixed and determined must be clearly and definitely established, when the act

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1983

(5) engaging in floodplain management and adopting enforcing permanent land use and .control.~ __ _ measures consistent with the criteria established … [the predecessor of section 16.3151 clearly is not an unconditional grant of authority for political subdivisions to enact land use regulations

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2004

“A person who does not qualify for an exemption on January 1 of any year may not receive the exemption that year.” Id. This language clearly does not contemplate a post facto alteration of tax exemption qualifications. … “[Tlaxes due are clearly an obligation to a taxing entity that cannot be forgiven under article III, section 55.” Corpus Christi People’s Baptist Church, Inc. v.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2004

GOV’T CODE ANN. 0 ~SlO.OOl(a)(l) (V emon Supp. 2004) (Establishment of Public Retirement System). … You state that this suggestion “was clearly not the intent of the legislation but may be a consequence.” Id.