Q Is a letter to the Attorney General by an attorney on behalf of the board, and its police department, seeking an opinion regarding the use of drug fund money payable as a law enforcement purpose within the meaning of Sections 41-29-181 and 41-29-185? In addition, may the town retain an attorney, using drug forfeiture funds, for the purpose of litigating or negotiating the meaning of “law enforcement” purposes?

A These questions require a factual determination as to whether attorneys fees are payable as a “law enforcement purpose.” Whether a particular expenditure is for a proper “law enforcement purpose” is a factual-based inquiry and determination that must be made in the first instance by the municipality. Since your letter contemplates future litigation, you may want to seek resolution of these issues from the court. (Attorney General’s Opinion to Wolf, August 17, 2018)