Was Community Counseling Services subject to the Arkansas Freedom of Information Act?
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This page answers the general question as of 2013. Ask about yours and see what current Arkansas law means for your facts, with citations you can check.
Plain-English summary
The Attorney General declined to decide whether Community Counseling Services, a private nonprofit corporation, was covered by the Arkansas Freedom of Information Act. He also declined to decide whether FOIA would apply to all of the nonprofit's activities or only some of them.
The same questions about the same organization were already before the Garland County Circuit Court in Ouachita Regional Counseling and Mental Health Center, Inc. v. Singleton. The AG explained that his office had a longstanding policy against issuing opinions on matters in litigation because doing so would place the executive branch into issues properly decided by a court. This opinion therefore contains no substantive answer about the nonprofit's FOIA status.
Currency note
This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
How the opinion applied in 2013
Community Counseling Services and similar nonprofits
The opinion made no finding that Community Counseling Services was or was not subject to FOIA. Its only conclusion was that the AG would not answer while those precise issues were in court.
Records requesters and open-government readers
The opinion did not identify which records or activities, if any, were open to public inspection. That question remained for the pending litigation rather than the Attorney General's opinion process.
Lawyers and public officials seeking an AG opinion
The AG treated active litigation as a reason to decline the request. He said an executive-branch opinion on the same issues would comment on matters properly decided by the judiciary.
Common questions
Did the AG say that Community Counseling Services was subject to Arkansas FOIA?
No. He expressly declined to answer that question.
Did the opinion decide whether only some nonprofit activities were covered?
No. That was one of the questions the AG declined to address.
Why did the AG refuse to answer?
The precise issues concerning the precise entity were being litigated in Garland County Circuit Court. The AG relied on his office's policy against commenting on pending court matters.
Background and statutory framework
The request asked three related questions: whether Community Counseling Services was governed by Arkansas FOIA, whether coverage reached all or only certain activities, and which activities would be covered if the act applied only in part.
The opinion identified the Arkansas FOIA provisions and noted that the act had been amended in 2013. It did not interpret those provisions because the same dispute was already in litigation.
Citations and references
Pending case identified by the opinion:
- Ouachita Regional Counseling and Mental Health Center, Inc. v. Singleton, CV-13-175 III, filed in Garland County Circuit Court on February 28, 2013
Source
Original opinion text
STATE OF ARKANSAS
THe ATTORNEY GENERAL
Dustin McDANIEL
Opinion No. 2013-055
July 12, 2013
The Honorable John T. Vines
State Representative
123 Market Street
Hot Springs, Arkansas 71901-5308
Dear Representative Vines:
You have requested my opinion on several questions regarding how the Arkansas Freedom of Information Act (FOIA) relates to a certain private, non-profit corporation. Specifically, you ask the following three questions:
-
Is Community Counseling Services, Inc. (“CCS”) governed by the
Arkansas Freedom of Information Act, codified at A.C.A. 25-19-101
-107 (2002 Replacement) [sic]?"} -
If yes, is CCS subject to the FOIA with respect only to certain
activities, or is it subject to the FOIA with respect to all of its activities? -
If CCS is subject to the FOIA only with respect to certain activities,
which activities are subject to the FOJA?
RESPONSE
As I indicated in my June 4, 2013 letter to you confirming receipt of your opinion request, I cannot issue opinions on matters that are the subject of litigation. These precise questions relating to this precise entity are being litigated in Garland County Circuit Court in Ouachita Regional Counseling and Mental Health Center,
' The FOIA is codified at A.C.A, §§ 25-19-101 to —110 (Repl. 2011). Further, the FOIA was amended by Acts 235 and 411 of 2013, which have not yet been codified.
323 CENTER STREET, SUITE 200 * Litre Rock, ARKANSAS 72201 TELEPHONE (501) 682-2007 » Fax (501) 682-8084 INTERNET WEBSITE * http://www.ag.state.ar.us/
The Honorable John T. Vines
State Representative
Opinion No. 2013-055
Page 2
Inc,, d/b/a Community Counseling Services, Inc. v. Singleton, CV-13-175 III, which was filed on February 28, 2013.
To avoid encroaching upon exclusively judicial prerogatives, it has long been the policy of this executive-branch office to avoid rendering opinions on matters that are the subject of litigation.” Any opinion issued from my office would constitute executive comment on matters that are properly decided by a judicial body. I must therefore respectfully decline to opine on the questions you have posed.
Assistant Attorney General Ryan Owsley prepared this opinion, which I hereby approve.
Sincerely,
Attorney General
DM/RO:cyh
- E.g., Op. Att’y Gen. 2009-112 (and opinions cited therein).
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