Attorney General

Attorney General Opinion 15-020_Morris

A blanket prohibition against public comment at public meetings on "specific personnel or student concerns" and speech identifying school officials or employees violates free speech principles, as does a prohibition against all "personal attacks."

Attorney General Opinion 2015-027

The Attorney General concluded on Sept. 4, 2015, that the Suffolk Wetlands Board does not have to permit public comment during meetings where public comment is not statutorily required. However, "because of the overarching importance of open government and free discussion with citizens," the AG says that "the Board may from time to time choose to permit public comment when public comment is not required."

Attorney General Opinion 14-063

"For the foregoing reasons, it is my opinion that local law enforcement agencies must disclose adult arrestee photographs pursuant to a valid FOIA request if they are contained in a database maintained by the local law enforcement agency, regardless of whether the defendant is still incarcerated or has been released, unless disclosing them will jeopardize a felony investigation. However, photographs may not be drawn from the Central Criminal Records Exchange for disclosure at any time to comply with a FOIA request.""For the foregoing reasons, it is my opinion that local law enforcement agencies must disclose adult arrestee photographs pursuant to a valid FOIA request if they are contained in a database maintained by the local law enforcement agency, regardless of whether the defendant is still incarcerated or has been released, unless disclosing them will jeopardize a felony investigation. However, photographs may not be drawn from the Central Criminal Records Exchange for disclosure at any time to comply with a FOIA request."

Attorney General Opinion Sept 27 2013

A public official's constituent newsletter may or may not be a public record; it depends on the content and use of the newsletter. However, if you assume the newsletter is a public record, the email distribution list used to send the newsletter is would not be exempt from disclosure.

Attorney General Opinion 13-036

New law (effective date July 1, 2013) restricting access to concealed weapons permits is retroactive, and declares that court orders granting permits must be blocked from access, too.

Attorney General's Opinion 1972-73 #494

A citizen who asks for notice is entitled to continuous notification of all meetings. An affirmative vote to go into closed session must be taken prior to each session.

Attorney General's Opinion 1969-70 #316A

Public body may not go into executive session solely at the direction of the body's presiding officer.

Attorney General's Opinion 1968-69 #261

newspaper publication is sufficient for notice of meetings. Not necessary to establish a mailing list to notify interested citizens of meetings.

Attorney General Opinion 12-9-11

AG reviews 4th Circuit opinions that place limits on when and how sectarian prayers can be invoked at public meetings.

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