Does Arkansas's new open-meeting law (Act 505 of 2025) apply to a city council, the mayor, or both?

Plain-English summary

The opinion answers whether Act 505 of 2025, which amended Arkansas FOIA open-meeting provisions, applies to a city council, a mayor, or both. The Attorney General says Act 505 applies to “governing bodies” and their members. A city council is a governing body. A mayor is typically a member of that body, and to the extent the mayor is a member of the city council, even ex officio, the mayor is a member of that same governing body under FOIA.

The opinion explains that the act defines “governing body” as the governing body of a public entity. Prior AG opinions have treated a body with decision-making authority as a governing body, and the Arkansas Supreme Court has identified a city council as one. For the city council described, the mayor and individual council members belong to the same governing body for purposes of Act 505.

The opinion identifies who is within that city-council governing body. It does not decide whether a particular conversation, email, text exchange, poll, or gathering meets any open-meeting definition or violates Act 505. It does not analyze other types of public bodies.

What this means for you

City council members

The opinion treats the city council as a governing body covered by Act 505. To the extent a mayor is a member of that council, the mayor and individual council members are members of the same governing body for purposes of the act.

Mayors

The opinion says a mayor is typically a council member and, when the mayor belongs to that council even ex officio, Act 505 applies to the mayor as a member of that governing body. Its conclusion is conditional on council membership.

City attorneys and FOIA requesters

The opinion resolves the membership question for a city council and its mayor. It does not determine when an interaction among members constitutes a deliberation, informal meeting, poll, or public meeting under the amended FOIA definitions.

Common questions

Is an Arkansas city council a governing body under Act 505?

Yes. The opinion says a city council is a classic example of a body with decision-making authority and is a governing body under Act 505.

Is every mayor covered as a city-council member?

The opinion says a mayor is typically a member and is covered to the extent the mayor is a member of the city council, even if the membership is ex officio. It does not announce an unconditional rule for every mayor.

Does the opinion decide whether an email or private conversation between two members is an open meeting?

No. It addresses whether the city council and a mayor who is its member fall within Act 505’s governing-body framework. It does not apply the definitions of deliberation or informal meeting to a specific exchange.

Does it decide whether Act 505 covers other public bodies?

No. The request and response address the city council and mayor. The opinion gives a general description of a governing body but does not reach a conclusion about any other identified body.

Background and statutory framework

Act 505 amended Arkansas FOIA’s open-meeting provisions, which apply to governing bodies. The opinion says the act’s definition of “governing body” is circular: “the governing body of a public entity.” It relies on earlier AG opinions describing a governing body as one with decision-making authority and on Laman v. McCord, which treated a city council as a governing body under FOIA.

The opinion also cites statutes under which mayors serve as ex officio presidents of city councils in the specified forms of municipal government. It concludes that, to the extent the mayor is a council member, the mayor and individual members are part of the same governing body for applying Act 505.

Citations

Statutes and act:

• A.C.A. § 25-19-103(4)
• A.C.A. § 25-19-103(7)
• A.C.A. § 25-19-103(8)
• A.C.A. § 25-19-103(11)
• A.C.A. § 25-19-103(12)(B)
• A.C.A. § 25-19-103(13)(A)
• A.C.A. § 14-43-501
• A.C.A. § 14-44-107(a)
• Act 505 of 2025, § 1

Case:

• Laman v. McCord, 245 Ark. 401, 405, 432 S.W.2d 753, 755 (1968)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

BOB R. BROOKS JR. JUSTICE BUILDING
101 WEST CAPITOL AVENUE
LITTLE ROCK, ARKANSAS 72201
Opinion No. 2025-085
August 29, 2025
The Honorable R. Scott Richardson
State Representative
4106 Southwest Rhinestone Boulevard
Bentonville, Arkansas 72713
Dear Representative Richardson:
I am writing in response to your request for my opinion on the open-meeting provisions of the Arkansas Freedom of Information Act (“FOIA”) and whether Act 505 of 2025 applies to the city council, the mayor, or both. RESPONSE Act 505 of 2025 applies to “governing bodies” and their members. Because a city council is a governing body, and a mayor is typically a member of that governing body, the act applies to the city council and its individual members, including the mayor—for that particular governing body. DISCUSSION Act 505 of 2025 amends the open-meeting provisions of the FOIA, applying its requirements to “governing bodies.”1 The act defines that term in a circular way: a “‘[g]overning body’ means the governing body of a public entity.”2 Although neither statutes nor courts have expressly defined the phrase “governing body,” this Office has consistently opined that such a body is one that has decision-making authority.3 Thus, whether something is a governing body depends on the nature 1 A.C.A. §§ 25-19-103(4) (including “between two (2) or more members of a governing body” in the definition of “deliberation”), -103(8) (defining “informal meeting” as “the gathering of two (2) or more members of a governing body outside of a public meeting”), -103(11) (requiring a member of a governing body for a “poll”), -103(13)(A) (defining “public meeting” as “the formal gathering together, in a special or regular gathering, of a governing body, whether in person or remotely”). 2 Id. § 25-19-103(7), as amended by Act 505 of 2025, § 1. “Public entities” includes cities. Id. § 25-19-103(12)(B). 3 E.g., Ark. Att’y Gen. Ops. 2014-124, 2006-059, 2003-170, 2002-092, 2001-324, 2000-051, 99-407, 98-169, 98-113, 96-074, 92-241, 91-288; see also John J. Watkins et al., The Arkansas Freedom of Information Act 81–82 (6th ed. 2017). TIM GRIFFIN ATTORNEY GENERAL

The Honorable R. Scott Richardson
State Representative
Opinion No. 2025-085
Page 2
and degree of its decision-making authority.4
A classic example of a governing body is a city
council.5
And to the extent that the mayor is a member of the city council—even if ex officio6
—
he or she is a member of that particular governing body under the FOIA.7 For purposes of applying Act 505 of 2025, the mayor and individual city council members are members of the same governing body, the city council. Assistant Attorney General William R. Olson prepared this opinion, which I hereby approve. Sincerely, TIM GRIFFIN Attorney General 4 Ark. Att’y Gen. Op. 2014-124 (noting that “groups can have decision-making authority that is either delegated or de facto”). 5 See, e.g., Laman v. McCord, 245 Ark. 401, 405, 432 S.W.2d 753, 755 (1968) (holding that a city council “was unquestionably” a governing body under the open-meeting provisions of the FOIA). 6 A.C.A. §§ 14-43-501 (providing that “[i]n a mayor-council form of government, the mayor shall be ex officio president of the city council and shall preside at its meetings”), 14-44-107(a) (providing that “[t]he mayor in cities of the second class shall be ex officio president of the city council” and “shall preside at its meetings”). 7 E.g., Ark. Att’y Gen. Ops. 2003-289, 97-057, 96-067, 96-062, 95-227.