Arkansas Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Arkansas, with full citations and the original source on every page.
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Can a school board hold private executive sessions to discuss school safety, security, or emergency plans under Arkansas FOIA?
No. Act 541 of 2017 (Ark. Code Ann. 6-15-1304) makes school safety/security records confidential, but it does not exempt school-board meetings from the FOIA's open-meetings requirement at Ark. Code An…
When a county road department cuts down trees in the county road right-of-way that runs through your land, who owns the firewood?
Trees in a county road right-of-way generally belong to the adjoining landowner who owns the underlying fee, because the county typically holds only an easement. But once the county removes trees that…
Is a resignation letter from a city employee a personnel record that the city must disclose to a journalist who FOIAs it?
Yes, in all likelihood. Voluntary resignation letters generally constitute 'personnel records' under Ark. Code Ann. 25-19-105(b)(12), and the Young v. Rice balancing test (which tips toward disclosure…
Can the City of Texarkana, Miller County, and the Texarkana Public Facilities Board jointly acquire an industrial site through an interlocal agreement?
Yes. The AG reviewed the Interlocal Economic Development Cooperation Agreement among the City of Texarkana, Miller County, and the Texarkana Public Facilities Board, found it met all of the Interlocal…
Can a property held in an LLC qualify for the Arkansas homestead property tax credit?
No to all three questions. An LLC is not a 'person' for purposes of Ark. Code Ann. 26-26-1122's definition of 'homestead.' Property held in an LLC does not qualify for the homestead property tax credi…
During the COVID-19 pandemic, did Arkansas's absentee-voting statute let voters cast absentee ballots solely because of the pandemic?
The AG declined to interpret the term, because Governor Asa Hutchinson's Executive Order 20-44 (August 7, 2020) and Executive Order 20-45 had already directed that voters who concluded attending the p…
When a county wants to use a privately built jail to hold its inmates, does Arkansas's competitive bidding law apply, and how long can the contract run?
AG Rutledge declined to issue a bottom-line yes/no because the answer turned on the specific contract. She did clarify that Arkansas procurement law (Ark. Code Ann. 19-11-801) excuses competitive bidd…
Does a public-trust redevelopment authority created by Arkansas counties and cities get the same tort immunity that political subdivisions enjoy under Ark. Code Ann. 21-9-301?
Yes to both. The AG concluded the Fort Chaffee Redevelopment Authority Public Trust likely qualifies as a 'political subdivision' (or an extension of one) under Ark. Code Ann. 21-9-301, which gave it …
Can a city refuse to hand over employees' unemployment insurance notices under Arkansas FOIA?
Yes for the two notices reviewed. AG Rutledge concluded the City of Little Rock's withholding of two 'Notice to Last Employer' and 'Notice to Base Period Employer' unemployment-insurance notices was c…
Does Arkansas FOIA let a city release police-officer audio and video recordings from a misconduct investigation, and what about a minor caught on tape?
Yes, generally. AG Rutledge concluded the City of Benton's custodian had properly classified most of the 16 records as evaluation records, that the four-prong evaluation-records release test was met, …
Can a city custodian withhold all employee leave and FMLA records as a privacy invasion before even pulling the records to look at them?
Partly. AG Rutledge agreed that leave and FMLA records were properly classified as personnel records, but concluded that withholding them based on the wording of the request alone (without first ident…
Can a former Arkansas police officer block release of his disciplinary file under FOIA when his old department wants to give it to a requester?
Mostly yes for the release. AG Rutledge concluded that the Benton Police Department custodian's decision to release one personnel record and four employee-evaluation letters was consistent with Arkans…
When an electric co-op is serving customers inside a city's electric-service territory, does the city have to use the statutory buyout process to take those customers over?
No to both questions. The AG read Ark. Code Ann. 14-207-103 to apply only when a municipality annexes part of an electric public utility's assigned service area. When the customers were already inside…
If someone sues over a different election-code statute, does Arkansas's Secretary of State have to put a measure he already declared insufficient onto the ballot anyway?
No. AG Rutledge read Ark. Code Ann. 7-5-204(c)(1) to require transmission only if the Secretary had not yet decided sufficiency by the 75-day mark, or if 'an amendment or a measure has been challenged…
If a city's existing service contract has run its only built-in extension, can the city renew it without putting it back out for bids?
Yes. AG Rutledge concluded that Ark. Code Ann. 14-58-104(b) plainly let a city renew or extend an existing contract without soliciting bids, regardless of whether the contract itself contained a renew…
Could Arkansas's Secretary of State set up an online voter registration system without a constitutional amendment?
No, then yes. AG Rutledge concluded the Secretary of State could not establish online voter registration under Amendment 51 as it stood, because the amendment's 'signature or mark' on a 'postcard' fra…
Can a county judge abolish all the townships in a county and redraw new ones, and what does that do to sitting constables?
AG Leslie Rutledge declined to answer because the same body of law was on appeal in the Arkansas Supreme Court in Clowers v. Edwards. Following the AG's longstanding practice, the office stays out of …
Does Arkansas require county election commissioners to put a polling place inside every small town or city?
No, maybe, yes. AG Rutledge concluded county election boards aren't required to put a polling site in every incorporated town, may be required to put one in each ward of a second-class city (with vote…
Does Arkansas's Secretary of State have to follow the historic-sites contracting rules and get state approval before renovating the Capitol?
Mostly subject, with one exemption. AG Rutledge concluded the Secretary of State must follow the historic-sites improvement laws (Ark. Code Ann. 22-9-208 through 22-9-211) for State Capitol contracts.…
Can an Arkansas city council reduce a newly appointed city attorney's total pay by getting rid of his office-expense stipend?
It depends. AG Rutledge said the answer turns on whether the office-expense stipend qualifies as 'salary' under Ark. Code Ann. 14-42-113. If the stipend is reimbursement-on-receipts, it likely is not …
Can an Arkansas tire shop charge customers a separate transportation or hauling fee on top of the state-mandated rim removal fee?
Yes. AG Rutledge concluded the Used Tire Recycling and Accountability Act's 'one fee per tire' rule applies only to the rim removal fee for the act of removing a tire from a rim. A separate transporta…
If a child with disabilities is placed in an Arkansas residential treatment center by an out-of-state parent, does an Arkansas school district have to provide special education?
Yes. AG Rutledge concluded that under Ark. Code Ann. 6-41-202(a) and Arkansas Department of Education regulations, a child with a disability placed in an Arkansas residential treatment facility for no…
When an Arkansas Department of Health employee objects to her old discipline file being released, what does the AG actually decide?
The AG declined to opine on the specific records because Wylie did not submit them. AG Rutledge instead set out the legal standards (personnel records under the Young v. Rice balancing test, employee-…
When the Arkansas Department of Health releases a discipline file on a high-ranking employee, is that consistent with FOIA?
Yes. AG Rutledge concluded the ADH custodian's decision to release the three records (one personnel record, one mixed personnel/evaluation record, and one evaluation record), as redacted, was consiste…
What does Arkansas's AG do when a former police officer wants his personnel and internal-investigation files kept private from a FOIA requester?
The AG declined to opine on the specific records because Jeffers did not submit them to her office. AG Rutledge instead set out the FOIA framework: the AG's authority is limited to reviewing the custo…
Can a state employee block release of her suspension records under Arkansas FOIA because she's afraid of harassment?
Yes for the release. AG Rutledge concluded the ADH custodian's decision to release the record about Kriesel's suspension was consistent with FOIA. Kriesel's fear of harassment was not a sufficient leg…
What does Arkansas's AG say when an ADH employee objects to a FOIA release of his termination records?
Not inconsistent. AG Rutledge concluded that, based on the face of the records, the ADH custodian's decision to release the requester's termination records was not inconsistent with the FOIA. The reco…
When a police officer works 12-hour shifts, does Arkansas count a 'working day' of sick leave as 8 hours or 12?
Yes to 8 hours, no to retention, probably no on payout. AG Rutledge concluded a court would likely construe 'working day' under Ark. Code Ann. 14-52-107(a)(1) and (2) to mean 8 hours, that officers ca…
Can an Arkansas city or county pass its own ordinance against drug possession, or has the state taken over the field?
Counties cannot criminalize felonies. Two conflicting county statutes need judicial or legislative resolution on the misdemeanor question. Cities cannot criminalize felonies but are explicitly authori…
Can a city employee block release of his personnel file, disciplinary file, and ID photo under Arkansas FOIA, and what gets redacted?
On the first question (consistent with FOIA?), the AG set out the standard framework: personnel records released under Young v. Rice balancing, evaluation records released only if the four-prong Thoma…
Can the subject of an Arkansas FOIA request block release of his personnel and disciplinary records by claiming invasion of privacy?
No. AG Rutledge concluded that the subject's stated objection (invasion of privacy) was not, by itself, a legally sufficient reason to withhold otherwise disclosable records. The custodian had to appl…
During COVID-19, does fear of catching or spreading the virus count as 'illness' or being 'unavoidably absent' for absentee voting in Arkansas?
AG Leslie Rutledge declined to answer because the question was the subject of pending litigation. The AG's longstanding policy is to stay out of issues currently before the courts so the judicial bran…
Can a Little Rock police officer block FOIA release of his 2017 disciplinary records while his appeal is still pending in circuit court?
No to blocking. AG Rutledge concluded that Lieutenant Farley's objection (that his 2017 disciplinary records were under appeal in Pulaski County Circuit Court) was not a sufficient basis to reverse th…
Does Arkansas FOIA require release of police body-camera footage and misconduct records, and what about the bystanders shown in the videos?
Mostly yes. AG Rutledge concluded the custodian's decision to release the police suspension records was for the most part consistent with FOIA. The four-prong evaluation-records test was met because m…
Can an Arkansas county declare itself a 'Bill of Rights' or 'Second Amendment sanctuary' or otherwise sovereign jurisdiction?
AG Rutledge could not give a definitive yes/no without seeing the specific ordinance text. She did establish: a county ordinance has no effect against state law it conflicts with, county self-governan…
Can an Arkansas insurer set up a subsidiary that owns part of a Medicaid risk-based provider organization, even if the insurer plus subsidiary together own more than 51%?
Yes. AG Rutledge concluded the Medicaid Provider-Led Organized Care Act does not bar an insurer from owning a subsidiary that has an ownership interest in a risk-based provider organization (RBPO), re…
Can Arkansas DFA force you to hand over your expired Arkansas driver's license when you renew it?
No. AG Rutledge concluded that Ark. Code Ann. § 27-16-602(b)(1) is not a legal basis for requiring an Arkansas driver to surrender an expired Arkansas license. The statute only requires surrender of v…
Did the Arkansas AG approve the seven-city interlocal agreement creating the Northwest Arkansas Razorback Greenway Alliance?
Yes. AG Rutledge approved the Greenway interlocal agreement among Fayetteville, Johnson, Springdale, Lowell, Rogers, Bentonville, and Bella Vista. She found it met the Interlocal Cooperation Act's req…
Can a city withhold the entire personnel files of terminated employees who failed drug tests, citing privacy and lack of compelling public interest?
Inconclusive. AG Rutledge could not opine without seeing specific records, but flagged that the custodian had classified the files as personnel records yet applied the test (compelling public interest…
Can a Little Rock job applicant block release of his application under Arkansas FOIA by objecting on privacy grounds?
Yes. AG Rutledge held the custodian's decision to release the Public Works job application (with redactions) was consistent with FOIA. She incorporated the full analysis from her companion opinion 202…
Does Arkansas FOIA allow release of a city employee's job application after personal information is redacted?
Yes. AG Rutledge concluded the City of Little Rock's decision to release the Public Works job application, after redacting sensitive personal information, was generally consistent with FOIA. The recor…
Does media coverage of an alleged 'abusive workplace' at Pulaski County Election Commission create a compelling public interest in disclosing the underlying employee complaints under Arkansas FOIA?
Indirectly answered. The AG explained that the compelling-public-interest analysis only matters if the records are evaluation records and there has already been a suspension or termination. Where ther…
Are county advisory boards in Arkansas governing bodies subject to FOIA open meetings, and does an uncodified ordinance survive?
Two main answers. (1) Section 14-14-705 distinguishes county advisory boards (no power to administer programs or set policy) from county administrative boards (which may exercise administrative powers…
Can an Arkansas judge deny a defendant a state-paid mental examination just because the defendant has retained private counsel?
Mostly no. AG Rutledge concluded an Arkansas trial court may not consider a defendant's lack of indigency or retention of private counsel when deciding whether to order a first mental examination unde…
Can a church use its handbook to ban concealed carry, or does it have to put up signs at the door?
Mostly yes, with conditions. Notice in a church handbook satisfies Ark. Code Ann. § 5-73-306(19) only if the enhanced concealed-carry license holder in fact received the notice. Verbal notice is also …
Does Act 1077 of 2019 apply retroactively to fire protection district petitions, and does the new procedure violate Arkansas constitutional limits on quorum-court authority?
Question by question. (1) No, Act 1077 doesn't apply retroactively to petitions filed before April 24, 2019. (2) No, the procedure does not usurp quorum-court tax authority because the assessments are…
Are DHS DDS Policies 1089A and 1089B valid 'rules' under the Arkansas APA, and how does DDS decide whether a county is 'underserved' for developmental disability services?
Multiple holdings. (1) DDS Policies 1089A and 1089B are 'rules' under the Arkansas APA. Their validity depends on substantial compliance with the APA's filing procedures, which is a fact question. (2)…
Can the University of Arkansas at Fort Smith release a former employee's termination and disciplinary records under Arkansas FOIA?
Mostly yes. AG Rutledge concluded UAFS's decision to release the responsive personnel and evaluation records (as redacted) was consistent with FOIA. She declined to opine on whether several Bates-stam…
Can a veterans nonprofit accept a donated state correction center under Act 160 of 2019, then sell or lease back the buildings as condos?
Mostly declined. AG Rutledge declined to opine on V2A's first three questions (about sell-back arrangements, condo designations, and fee assessments) because they require speculation and factual deter…
Can a county library use millage tax money to pay rent on its own library building, or to repay the county for renovating it?
Declined. AG Rutledge could not opine on whether the Independence County Library's use of millage funds for rent and renovation reimbursement was lawful, because the answer turns on the specific ballo…
Can the Pine Bluff School District release a teacher's transfer request and application after a blogger files a FOIA request for the personnel file?
Mostly yes. AG Rutledge concluded the Pine Bluff School District's decision to release transfer-related records (as redacted) was generally correct under FOIA. Transfer requests are personnel records …
Does the AG weigh in when a state agency dispute is already scheduled for an administrative hearing?
No. The AG declined to opine on a constituent's APERS retirement-credit dispute because it was already scheduled to be heard by the APERS Board of Trustees, and the office's longstanding policy is to …
Will the AG answer condominium-development questions sent on behalf of a private nonprofit?
No. The AG declined to address questions about a nonprofit's proposed condominium project, calling it private legal advice that state law forbids the office from giving and a fact-bound matter outside…
Can a city use its advertising-and-promotion tax revenue to fund economic-development services through a chamber of commerce?
Only if the chamber's services fit one of the permissible categories (tourism promotion, conventions, A&P facilities) listed in § 26-75-606. A general subsidy of the chamber is forbidden, and Amendmen…
When the Assessment Coordination Division publishes a manual telling county assessors how to value poultry houses, does that count as a 'rule' that needs legislative approval?
No, the AG concluded that the optional ARCREM poultry-valuation guidelines were not 'rules' under Amendment 92 because assessors were not required to follow them. The Division did not have to submit t…
If a juvenile gets multiple consecutive sentences for crimes that include a homicide, do the parole eligibility waiting periods stack?
Yes. Where a juvenile was convicted of multiple offenses and at least one involved another person's death, the AG read § 16-93-621(a)(2)(A) to allow stacking of parole eligibility periods, because the…
When a school district investigates a sexual harassment complaint, can the accused employee get a copy of the investigative report even if the FOIA otherwise exempts it?
Yes, the subject of an employee-evaluation record is entitled to it under § 25-19-105(c)(2), but the school cannot publicly release the report just because the subject 'authorizes' it. If the same rep…
Are personal direct messages on a state-issued phone public records under FOIA?
The AG declined to rule. The threshold question (whether the messages are 'public records' at all) is outside the AG's review authority under § 25-19-105(c)(3)(B), which only reaches whether an exempt…
Can a city withhold a police chief's suspension letter from public records when other related records have already been released?
The AG questioned the withholding. Letters from a police chief explaining the reasons for suspending an officer are employee-evaluation records, but if the disciplinary action is final and the public-…
If an Arkansas probationer with a medical-marijuana card tests positive for THC, can probation officers, prosecutors, or courts revoke probation, and do they have to report the positive test to federal authorities?
Probation officers, prosecutors, and judges have discretion (not a mandate) to revoke probation when a positive THC test violates a 'no federal-law violations' condition. There is no Arkansas requirem…
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Attorney general opinions in Arkansas are written by the Arkansas Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.