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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Why did the Arkansas AG reject Alex Gray's proposed four-county casino amendment ballot title in April 2018?
The AG found four unresolved ambiguities: whether casinos would actually operate at the named tracks, whether facility and operator licenses differed, how a racing obligation and its penalties would…
Is a mandatory municipal solid waste collection fee subject to the Arkansas gross receipts tax?
The AG declined to answer this question, explaining that interpretations of state sales tax law are the responsibility of the Arkansas Department of Finance and Administration's Revenue Division,…
Can an Arkansas school district avoid Arkansas FOIA by hiring a private firm to handle confidential superintendent applications?
No. AG Rutledge concluded that when a private search firm collects superintendent applications for a public school district, the firm is acting as the 'functional equivalent' of the district, and…
Can Fort Smith release police investigation records when the officer says he resigned but the custodian believes he was terminated?
The AG could not decide without knowing how the custodian classified the records or resolving whether the officer resigned or was terminated. If they are evaluation records, an ordinary voluntary…
Are complaints and investigation records about Arkansas public school employees exempt from FOIA?
There is no blanket exemption. An unsolicited complaint is generally a personnel record, while an employer-created investigation record may be an evaluation record. Each has a different disclosure…
Why did the Arkansas AG reject the ballot title for Randall Bynum's proposed four-county casino amendment?
The proposal did not explain how casino operators would receive licenses or how licenses related to ownership of the four designated properties. The AG said those gaps prevented her from writing a…
Did Arkansas FOIA allow release of Brandon Smith's employee evaluation record after the records custodian decided to disclose it?
On the face of the record, the AG could not say the custodian's disclosure decision conflicted with FOIA. The custodian had classified it as an evaluation record and determined that all four…
Why did the Arkansas AG reject the very first March 2018 draft of the four-county casino constitutional amendment?
AG Rutledge rejected this March 29, 2018 draft for ambiguities about the franchise holders' obligations and the relationship between casino licensing and racing operations, the same kinds of issues…
Could the Arkansas Economic Development Commission make Minority Business Loan Mobilization Fund loans to women-owned businesses before the legislature formally amended the loan-fund statute?
No. AG Rutledge concluded that even though Act 1080 of 2017 expanded the broader Minority Business Economic Development Act to cover women-owned businesses, the specific loan-fund statute (Ark. Code…
Can a former state agency lawyer represent private clients against the agency after leaving state employment?
A former DF&A staff attorney is not permanently barred from representing private clients in tax disputes against the State, but is barred for one year from cases that fell within his official…
Is Arkansas's 2017 'In God We Trust' poster law (Act 911) constitutional under the First Amendment?
Yes, in the AG's view. AG Rutledge concluded that Act 911 (requiring schools and state agencies to display posters with the national motto and U.S./Arkansas flags when funded by donations) is not…
Do Arkansas housing authority and urban renewal agency commissioners have to live in the area their agency serves?
Yes. AG Rutledge concluded these commissioners hold a 'civil office' under Article 19, section 3 of the Arkansas Constitution, which requires them to be qualified electors within the political…
Why did the Arkansas Attorney General reject the 2018 four-casino constitutional amendment ballot title?
AG Rutledge rejected the popular name as too long to function as a useful voter label, and rejected the 1,190-word ballot title because it failed to disclose that two of the four casinos were…
What redactions does Arkansas FOIA require before releasing a former city employee's personnel file to the news media?
Fayetteville's decision to release a former employee's personnel and evaluation records to media outlets was largely consistent with the FOIA. The AG ordered specific additional redactions to…
Why did Arkansas reject the 2018 ballot title for amending Article V, Section 20 sovereign immunity?
AG Rutledge accepted the 'authorized by the General Assembly' branch but rejected the rest of the ballot title because 'waived by the State' had no clear grammatical object and could mean either…
Why did the Arkansas Attorney General reject the 2018 Independent Citizens Redistricting Commission ballot title?
AG Rutledge rejected sponsor David Couch's redistricting-commission ballot title because the commissioners' term length was undefined (creating an unclear 18-year cooling-off period), 'reasonably…
Can a state agency release a former employee's evaluation record when the employee resigned 'in lieu of termination'?
It depends on whether the resignation was truly voluntary or was a forced/constructive termination. If voluntary, the four-prong test for releasing an evaluation record is not met because there was…
Can a city withhold all records of an employee's computer-policy violation under the Arkansas FOIA employee-evaluation exemption?
No. Fort Smith improperly classified all records of an employee's computer-policy violation as exempt employee-evaluation records. Most are not evaluation records at all; the actual evaluation…
Why did the Arkansas AG reject Berry's revised 2018 recreational marijuana ballot title?
The AG rejected Berry's revised title, popular name and measure. She said the latest proposal condensed and reorganized language already rejected without resolving fundamental problems, including an…
Can a city police officer in Arkansas run for and hold an elected county office?
Yes. Nothing in the Arkansas Constitution prevents a city police officer from running for or holding an elected county office. Article 7, Section 53 (added by Amendment 95 in 2016) bars sitting…
Does an Arkansas state employee who moonlights as a part-time police officer have to take annual leave to testify in court?
A state employee who also works part-time as a law enforcement officer and is subpoenaed to testify about that part-time work is a fact witness, not a paid expert witness, even though his part-time…
Can a state employee block release of records from her file that don't relate to her suspension under the Arkansas FOIA?
Largely consistent with the FOIA, with one redaction added. The Department of Finance and Administration's decision to release records in response to the news media's request for 'documentation…
Can a former Arkansas city clerk who later became mayor retire as a mayor before age 55 under a generic 'as may be amended' city ordinance?
The AG could not decide eligibility from the stated facts and a generic reference to the retirement statutes. Clerk service could not supply mayoral credit, but the person's earlier city employment…
Can a publicly owned building that serves alcohol prohibit Arkansas concealed-carry license holders from possessing firearms on the premises?
Yes to both questions. A posted, written notice at a publicly owned building licensed to dispense alcoholic beverages, or at a publicly owned facility where beer or light wine is consumed, prohibits…
Did the Arkansas AG approve the regional crisis stabilization unit interlocal agreement among Pulaski County and seven nearby counties and cities?
Approved as submitted. The interlocal agreement among Pulaski, Saline, Faulkner, Garland, Grant, Lonoke, Perry, and Jefferson Counties and the cities of Little Rock, North Little Rock, Sherwood,…
Why did Arkansas reject the 2018 ballot title authorizing the General Assembly to waive state sovereign immunity?
The AG found the popular name sufficient but rejected the ballot title. It used 'sovereign immunity' without telling voters that a state ordinarily cannot be sued in its own courts or that waiver…
Did the Arkansas Attorney General approve the interlocal agreement renaming Pulaski County's CATA transit system as Rock Region METRO?
Approved as submitted. The interlocal agreement among Pulaski County and the cities of Little Rock, North Little Rock, Maumelle, and Sherwood satisfied the Interlocal Cooperation Act's requirements…
Can a Mountain View, Arkansas city clerk withhold employment applications, drug tests, and background checks under the FOIA?
The AG said completely withholding these categories was likely inconsistent with FOIA, but she had not seen the records and could not decide their release individually. Applications, employment drug…
Can you charge interest on a verbal loan in Arkansas, and does the 17% usury cap still apply?
Yes to all three questions. Arkansas law permits interest on verbal contracts and loans, subject to the constitutional 17% maximum interest rate under Amendment 89, Section 3. Some loan agreements…
Can a school district employee block release of her personnel file under the Arkansas FOIA because the requester has been harassing her?
Her harassment concern alone was not enough to reverse the custodian's decision. The AG said there was no generalized harassment exception and requester motive generally could not control…
Why did the Arkansas AG reject the Arkansas True Grass recreational marijuana ballot title for the second time?
AG Rutledge rejected the second Arkansas True Grass submission for the 2018 recreational-marijuana amendment because the sponsor added back large blocks of decriminalization text that the AG had…
Did the City of Rogers properly classify and redact a former police employee's personnel file under the Arkansas FOIA?
Mostly, but not entirely. The AG said Exhibits B–D were incident reports to be released in their entirety, not redacted as personnel records. Exhibit S was a resignation letter that should be…
Can a deputy sheriff stop the release of his 20-year-old personnel records under the Arkansas FOIA?
No, age alone did not let Lira stop release. The AG found the custodian's redacted release of records from his earlier employment largely consistent with the FOIA. She identified page 055 as exempt,…
Why did the Arkansas AG reject the 2018 Driving Arkansas Forward casino and highway funding ballot title?
The AG rejected the proposed casino ballot title because ambiguities in the measure prevented a fair summary. It used 'casino' for both a facility and possibly a legal entity, defined permissible…
What can happen to an Arkansas city or city official who lies about or stalls a FOIA request?
Arkansas FOIA carries a stack of remedies, not just one. The AG identified civil appeal to circuit court (with attorney's fees and costs in some cases), contempt for ignoring a court order, a Class…
How does an Arkansas county close out a leftover school district account decades after the district was dissolved, and how is the money divided among successor districts?
The AG said the 1987 dissolution statutes most likely determine each successor district's share by its annexed territory's assessed value divided by the former district's total assessed value, both…
Can an Arkansas city reduce or cancel its Amendment 31 police or fire pension millage without a 10% revenue increase, and can a mayor redirect that money to LOPFI?
Yes for rollback, no for redirection. The AG concluded that a city does not need a 10% revenue increase under Amendment 59 to roll back its Amendment 31 police or fire pension tax. Amendment 31…
Can a constitutional agency like the Arkansas Game and Fish Commission skip competitive bidding on a major construction project?
Likely no. Amendment 35 gives the Game and Fish Commission wide authority over wildlife, but the AG concluded the Commission still has to follow Arkansas's competitive-bidding statute (§ 22-9-203)…
Can a city audit committee meet in closed session to protect sensitive information?
No. The AG read 'audit committee' as a subgroup of a city council or board, which makes it a governing body under the Arkansas FOIA. Governing-body meetings have to be public unless one of four…
Why did the Arkansas AG reject the 2018 recreational marijuana ballot title for the True Grass committee?
The AG rejected the revised submission. Berry had deleted large sections of a proposal rejected in Opinion 2017-127, but the AG said deletion alone had not addressed its fundamental shortcomings.…
Is Bret Bielema's personal services contract with the Razorback Foundation a public record subject to release under the Arkansas FOIA?
Yes, with two redactions. The AG concluded that the personal services and guaranty agreement between former Razorback football coach Bret Bielema and the Razorback Foundation was properly classified…
Could Little Rock release a former police recruit's personnel records and termination letter under the Arkansas FOIA?
Largely yes for the records the AG reviewed. Most were personnel records; the December 8, 2017 termination letter was the sole employee-evaluation record. The AG found a compelling public interest…
Can a growing Arkansas city increase the number of commissioners on its housing authority board?
No. The AG concluded that Arkansas housing authorities must have five commissioners as fixed by Ark. Code Ann. § 14-169-208(a)(2)(A), and neither the City of Fayetteville nor the Fayetteville…
Can the Arkansas House Speaker withhold a sexual harassment investigation document about a legislator under FOIA?
Yes, for the document reviewed. The AG classified it as an employee-evaluation record solicited to investigate alleged misconduct. Because there had been no suspension or termination, the statutory…
Why was the December 2017 True Grass cannabis ballot title rejected?
The AG rejected the proposed ballot title because the measure's three overlapping periods for marijuana licenses and plant tags were too confusing to summarize fairly. It would take effect in…
Why was the Arkansas Cannabis Adult Use and Regulation Amendment of 2020 ballot title rejected?
The AG rejected the proposed ballot title because it omitted continuing federal marijuana prohibition and gave voters no account of the measure's effects on Arkansas's Medical Marijuana Amendment of…
Does Arkansas's law against running for two offices on the same election date apply to school board candidates?
No, school district offices are not within § 7-5-111's scope. The AG concluded that Act 158 of 2017's addition of 'district' to the statute does not include the office of school-district director,…
Does Arkansas's Public School Health Services Advisory Committee still have to meet before its statutory term ends?
Yes, and indeed it was required to meet. The AG concluded that the Public School Health Services Advisory Committee, established by Act 935 of 2015, was both authorized and required to meet until…
Did the Little Rock Police Training Academy properly handle the FOIA release of CLEST records related to Officer Schiefelbein?
Mostly consistent, with two exceptions. The AG agreed with the Little Rock Police Training Academy's classification of forms and documents sent to the Arkansas Commission on Law Enforcement…
Why was the November 2017 Arkansas True Grass cannabis ballot title rejected by the AG?
Rejected. The AG found two threshold problems in the True Grass committee's November 2017 recreational cannabis amendment. First, the proposed ballot title essentially copied verbatim the lengthy…
Why was the 2017 Natural Resource Cannabis Amendment rejected by the Arkansas AG?
Rejected. The AG identified two fundamental defects in Clair Danner's Natural Resource Cannabis Amendment that made any further ballot-title review impossible. First, the proposed measure was 36…
Can an Arkansas school district donate a vacated school building to a city for free for municipal use?
Possibly, if two conditions are met under Ark. Code Ann. § 6-21-108(b): the school board determines the property is surplus, and the donation serves a beneficial educational service for the…
Can someone serve on an Arkansas school board if her community college salary is partly paid by a grant from the same school district?
Probably yes, but it depends on whether the school district controls her work. The grant funding alone doesn't make her a district employee; the right-of-control test does. The incompatibility…
Can an Arkansas city assign its paramedics to work at a private company in exchange for an hourly fee?
Probably did not violate art. 12, sec. 5 because it was a paid contract, not a donation. But the public-purpose doctrine raised serious concerns: city paramedics serving a private mill outside the…
Can an Arkansas firefighter who retired and draws a pension still serve as Fire Chief without losing benefits?
Yes, but only without compensation. Under Ark. Code Ann. § 24-11-818(f), a retired firefighter can stay involved in the department and keep drawing pension benefits as long as they don't receive…
Can a school district release a public employee's job application under Arkansas FOIA after redacting personal contact info?
Yes. After reviewing both versions of the application, the AG found that Little Rock School District's decision to release the redacted copy complied with FOIA. The opinion reports the custodian's…
Why did the Arkansas AG reject the Arkansas True Grass recreational marijuana ballot title in 2017?
The AG rejected the entire submission. The proposed measure had a Section 10 listing 13 categories of unlawful activity that was completely absent from the ballot title, and the text contained…
Can a city's Advertising and Promotion Commission staff see business-by-business hotel/restaurant tax data that's exempt from FOIA?
Not as ordinary citizens under FOIA, but Commission staff and agents may have access through their official tax-collection and enforcement duties under the Advertising and Promotion Commission Act.…
Is Arkansas's $500 personal property exemption an absolute cap, or can debtors protect more under specific statutes?
Not an absolute cap. The $500 limit in Article 9, Section 2 generally binds bankruptcy debtors and direct contract judgments, but does not block statutory exemptions claimed against third-party…
Can someone who isn't already on a police force take an Arkansas civil service exam for a supervisory opening?
Yes, if the city's civil service commission rules allow it. State law permits outside law-enforcement officers to compete for supervisory openings, but does not require commissions to consider…
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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.