Case law

Opinion No.

Arkansas Attorney General Reports · Jun 30, 1987

It should be noted initially that the permitted premises will ordinarily consist of those areas designated by the private club applicant, as part of the established application procedure, and approved by the Board. … It may therefore be necessary, in order to qualify areas such as porches and verandahs as part of the "premises," to show that the general public cannot or will not gain entrance to those areas.

Opinion No.

Arkansas Attorney General Reports · Apr 10, 2001

Provided, a county library board created after August 1, 1997, shall consist of not less than five (5) members nor more than seven (7) members and shall serve until their successors are appointed and qualified. … Based on the information set forth in your request, I believe this statute clearly applies to the library at issue.

Opinion Number

Louisiana Attorney General Reports · May 16, 2007

Can the Lafourche Basin Levee District continue to make payments of cash and in kind services on qualified projects located in St. … We believe such expenditures would clearly be undertaken for a public purpose and undoubtedly provide a public benefit.

Ago

Florida Attorney General Reports · Jul 18, 2003

The term includes "the property or property rights, both real and personal, which have been or may be established by public bodies for the transportation of people or property from place to place." … Section 337.406 , Florida Statutes, which addresses the need for a permit to solicit on state-maintained roads, contains no exception for 501(c)(3) organizations; rather, the statute clearly contemplates that such organizations

Opinion No.

Arkansas Attorney General Reports · Jul 27, 2004

As noted above, I believe the project described in your agreement clearly falls within the range of those contemplated by the legislature in enacting the Interlocal Cooperation Act. … Regardless of whether it is or is not, the interlocal agreement you have submitted for my approval does not appear to envision any bond financing of the project, which in any case does not qualify as industrial development

Formal Opinion No.

New York Attorney General Reports · Feb 15, 1989

The State committee, in making these nominations, has solicited input from county executives as to qualified persons within the county who are willing and able to serve on LEPCs (June 16, 1987 Letter of David Axelrod, M.D … By tracking the presence of hazardous materials within the district, and establishing protocols in the event of an accident, a local committee clearly serves and benefits the communities within the district.

Opinion No.

Arkansas Attorney General Reports · Aug 2, 2007

The residents argue that "had there been an intent to establish a city with boundaries other than those of the original village boundaries . . . there should have been a more deliberate attempt to actually notify the affected … [I]t clearly still exists, and consists of the county judge, wearing a judicial hat." Id., quoting Ops.

Opinion No.

Texas Attorney General Reports · Jul 21, 1995

Neither is federal law useful in establishing such a date. A brief submitted to us by Ms. … Qualifying veterans are exempt from all other fees and charges.

Attorney General Opinion No.

Kansas Attorney General Reports · Dec 21, 1998

the protective functions specified in this section, each school security officer and each school law enforcement officer shall possess and exercise all general law enforcement powers, rights, privileges, protections and immunities … The Legislature clearly contemplated that a unified school district may adopt a policy whereby all reports of incidents would be made to an employee designated by the board of education of a unified school district.

Ago

Florida Attorney General Reports · May 18, 1995

The statute clearly reflects the legislative intent that its provisions prevail over any conflicting statutes. … Section 253.025 (6)(e), Florida Statutes (1994 Supp.), appears to establish that maximum value.

Opinion Number

Louisiana Attorney General Reports · Nov 15, 2006

Youngsville's Mayor's Police Committee clearly falls within this definition. Because the Police Committee is a "public body," all meetings are public meetings subject to the open meetings and voting requirements of La. … The Police Committee qualifies as a public body under the definition set forth in the Public Records Law as well because it is a municipal government committee designated to perform a governmental (advisory) function.

Opinion No. Oag 13-86, (1986)

75 Op. Att'y Gen. 273 · Wisconsin Attorney General Reports · May 7, 1986

I conclude from the following analysis that the term "local organization" is to be construed according to its ordinary and established usage and refers to a status that is less than statewide. … If this method is utilized, such scheme clearly violates section 163.93 (2) in that it is in actuality the sheet or block of tickets which comprises "a ticket" whose cost is therefore clearly in excess of $5.00. V.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1990

* to connect the two subsections of the definition clearly signifies that an organization need not find its purpose in both sub- P sections. … The act's definition of "charitable purposes*' closely tracks definitions used by the courts relative to the establishment of charitable trusts. Se. ea Bovd v.

(2007)

92 Op. Att'y Gen. 3 · Maryland Attorney General Reports · Jun 14, 2007

The statute establishing the B ay Restoration Fee does not itself create a statutory lien. … In any event, Cecil County, lacking home rule, clearly could not create such a lien absent statutory authority.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1992

Reading the section as a whole, however, section 52-a clearly envisions that a county, municipality, or other political subdivision may issue bonds to pay for its economic development program. … . . public purposes in the amount and to the extent provided by such charter, and consistent with the Constitution of this State; provided, that said bonds shall have first been authorized by a majority vote by the duly qualified

Opinion No. (2000)

California Attorney General Reports · Aug 2, 2000

Such plans may be established for the officers and employees of local governments under the provisions of section 53213 , subdivision (a): "Each local agency may establish for its officers and employees a deferred compensation … The legislative history of the 1996 federal legislation clearly establishes its purpose: "Present Law "Until deferrals under a section 457 plan are made available to a plan participant, such amounts deferred, all property

Ago

Washington Attorney General Reports · Jul 12, 1999

We therefore conclude that state law does not prohibit the hiring of a person aged 18 to 20 in these positions, provided that the person is otherwise fully qualified. … We are able to locate no statute establishing a minimum age for employment as a firefighter or paramedic.

Opinion No. (1998)

Nebraska Attorney General Reports · Aug 5, 1998

Stat. § 84-1601 (2) clearly provides that insurance coverage may be provided to temporary employees who are "(a) employed in the Temporary Employee Pool as described in subdivision (6) of section 81-1307 and (b) hired directly … So these workers do not now qualify for health benefits. . . . The temporary employee pool, also referred to as SOS, has, out of the 1,848 temporary workers, they have 725.

Opinion No.

Arkansas Attorney General Reports · Dec 12, 2011

The focus in locating such organizations in terms of the constitutional proscription is on whether they qualify as "public" institutions. … As established in McCutchen , 14 it is clearly permissible, for instance, to contribute to a facilities board, which, despite not being a straightforward municipal agency, has a statutory pedigree and has been identified

(1973)

62 Op. Att'y Gen. 97 · Wisconsin Attorney General Reports · May 11, 1973

members shall take office on July 1 and shall serve 6-year terms, except that the school district administrator shall serve a 2-year term. "(2) Members of a district board shall serve until their successors are appointed and qualified … It is my opinion therefore that despite the appointment of the board for a term of years, the legislature clearly intended to permit their removal at the pleasure of the appointing authority.