Case law

Opinion No.

Arkansas Attorney General Reports · Dec 16, 2011

qualify as employee evaluation/job performance records. … A letter of suspension or dismissal may or may not qualify as an "employee evaluation/job performance record" subject to the standard of review set forth above.

Opinion No. Oag 66-75, (1975)

64 Op. Att'y Gen. 198 · Wisconsin Attorney General Reports · Dec 31, 1975

The petition contained over 600 signatures of milk producers in the marketing area, which is clearly in excess of the minimum required. … Therefore, marketing orders adopted under sec. 96.21 clearly would not be subject to referendum or assent approval by handlers and processors.

(1972)

61 Op. Att'y Gen. 434 · Wisconsin Attorney General Reports · Dec 4, 1972

The personnel in such counties shall be exempt from such reexamination provided such personnel has qualified for present positions by examinations conducted pursuant to standards acceptable to the department. ] * , without … Since sec. 49.50 (5), Stats., as amended by ch. 145, Laws of 1971, now clearly gives requesting counties the power to determine compensation and personnel standards for their county welfare agencies, largely independent of

Opinion Number

Louisiana Attorney General Reports · Jul 8, 2002

be given, and pursuant to R.S. 33:253 only property taxpayers may vote at this special election as furnished by the registrar of voters, and no defect in the list "shall affect the validity of the election unless it be established … In response to your inquiry whether dissolution is subject to federal pre-clearance we must conclude it would be insofar as this clearly would affect voting rights.

Opinion No.

Arkansas Attorney General Reports · Nov 18, 2002

Until I receive a version of your proposed agreement that clearly states what Section VIII would require, I cannot meaningfully opine whether its provisions are objectionable on some substantive ground. … However, I will note that I would approach with grave reservations any proposed provision that would obligate an agency of this state to waive sovereign immunity without clear legislative sanction, to hold harmless an agency

Opinion No.

Arkansas Attorney General Reports · Sep 7, 2004

Given that the subjects of the request are all state employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. As my predecessor noted in Op. … The Court also stated that "all FOIA requestors have an equal, and equally qualified, right to information. . . ." Id. at 499 .

Ago

Florida Attorney General Reports · Jan 8, 1980

S., immune from the 5-percent surcharge in s. 960.25, F. S.? SUMMARY: The `costs' provided for in ss. 943.25 and 960.20, F. S., are not subject to the 5-percent surcharge established and created by s. 960.25, F. S. … I apprehend that, had the Legislature intended that the `costs' prescribed in ss. 943.25 (3) and (5) and 960.20 be subject to the 5-percent surcharge under s. 960.25, it would have provided for such clearly and unequivocally

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2015

While sovereign immunity protects the state from lawsuits for money 5 See Campus Carry Policy Working Group Final Report, supra note 3, at 21 (establishing restrictions for gun safes used by license … The Honorable Brian Birdwell - Page 4 (KP-0051) damages, "suits to require state officials to comply with statutory or constitutional provisions are not prohibited by sovereign immunity."

Opinion No.

Arkansas Attorney General Reports · Jun 5, 2001

The question, then, is whether the debt instruments evidencing a TIFIA loan would qualify as "revenue bonds." … In my opinion, assuming the terms of repayment fall within one of the three Harris categories, the documents evincing the indebtedness would clearly qualify as "revenue bonds."

Opinion No. Oag 26-89, (1989)

78 Op. Att'y Gen. 146 · Wisconsin Attorney General Reports · Sep 14, 1989

On the contrary, your request indicates clearly that the intention is otherwise. … Second, even if such assignments could be construed as appointments, the statute clearly permits temporary appointments of uncertified jail officers.

Opinion No.

Texas Attorney General Reports · Jul 15, 1987

Legislation in derogation of the doctrine of sovereign immunity should be strictly construed, and legislative intent to waive the doctrine should be clear, and applied only to cases clearly within the legislature's intent … Sovereign immunity clearly is an absolute bar to liability in the case of all common law intentional torts.

Ago

Florida Attorney General Reports · Oct 13, 2009

and procedures established prior to the solicitation of competitive proposals. 5. … In the case of public emergencies, for the agency head to declare an emergency and authorize negotiations with the best qualified design-build firm available at that time." 8 Clearly, the Legislature has provided a structure

Opinion No. 49-78 (1978)

Missouri Attorney General Reports · Mar 23, 1978

However, we note that the repealed section contained the provision stating that if a majority of the qualified voters casting votes in such election be in favor of emergency ambulance service and the levy, the district "shall … Clearly a governmental unit that has been created may not be dissolved by any means other than a procedure established for that purpose. State v. Crismon, 188 S.W.2d 937 (Mo.Banc 1945).

Ago

Florida Attorney General Reports · Jun 7, 2010

firms, provided such distribution does not violate the principle of selection of the most highly qualified firms. … As this office concluded in Attorney General Opinion 88-42, a process that establishes a fee for proposed professional services prior to the initiation of the other steps required by section 287.055 , Florida Statutes, would

Opinion No. Oag 96-78, (1978)

67 Op. Att'y Gen. 323 · Wisconsin Attorney General Reports · Dec 28, 1978

It is conceivable that not all political organizations will qualify for a raffle license because of an additional condition contained in sec. 163.90, Stats. … They would qualify under the definition of "organization" discussed above and other commonly approved usages of that term.

Opinion No.

Arkansas Attorney General Reports · Mar 11, 2004

The language emphasized above clearly contemplates a single owner of all the land originally annexed to the city. … However, I have noted some troubling aspects of this conclusion in light of some well-established rules of statutory interpretation. This statute could benefit from clarification by the General Assembly.

Opinion Number

Louisiana Attorney General Reports · Jun 26, 2008

Clearly, the office of constable is an elective office in accordance with the above definition. … Accordingly, you ask if an individual can receive two supplemental payments if the individual is qualified for both payments.

Opinion No.

Texas Attorney General Reports · Sep 1, 1989

Administrative officers who perform discretionary functions have only a qualified immunity from suit for personal liability. Harlow v. Fitzgerald, 457 U.S. 800 (1982); see generally Civ.Prac. Rem. … We assume that the board is interested in increasing its protection from liability only in the areas where it is not immune, that is, its liability to the public, if any, which is not covered by the immunity provisions, and

Opinion No. (2002)

Nebraska Attorney General Reports · Apr 3, 2002

Clearly, the Act contemplates individual partners receiving a proportionate share of the tax credit paid to a partnership. … Only by applying for them under the Act can a qualified applicant receive the credits.

Opinion No.

Arkansas Attorney General Reports · Jan 4, 2010

I refer to the following: *Page 5 • As previously indicated, what qualifies as "medical marijuana" is unclear under your proposed amendment. … In my opinion, the extent of this regulatory charge must be clearly stated for the voter in the ballot title.