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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Does Arkansas law require a person to show ID to a police officer before being charged with obstruction of governmental operations?
No. A.C.A. § 5-54-102 does not require a suspect to show identification before an officer may charge or ticket the suspect for obstructing governmental operations. Whether a charge has probable…
If I'm the subject of a Pulaski County FOIA request for a workplace complaint about me, what can the County actually release and what must it redact?
The Attorney General agreed that the emails could be released as personnel records, subject to supported, consistent redactions. He treated the complaint form as a mixed record, assuming it was…
Can an Arkansas county tax collector require exact-change payments, refuse cash, or operate a fully cashless office? Should tax payments be rounded to the nearest nickel because the U.S. Mint has discontinued the penny?
Yes, yes, and yes (with the rounding question covered by a separate opinion). Neither federal nor state law (constitutional, statutory, or regulatory) requires county officials to accept cash…
Can someone in Arkansas run for school board AND for mayor (or city council) at the same time? Can they hold both offices if elected?
Yes, under the law analyzed. The AG said A.C.A. § 7-5-111 does not bar simultaneous candidacy for school board and mayor or city council. The AG found no current constitutional, statutory, or…
Does the Arkansas Attorney General have an opinion on whether Act 573 of 2025 (Ten Commandments classroom posters) is constitutional or whether universities have to grant religious accommodations from it?
The AG declined to answer all four questions because litigation over Act 573 was pending. That includes the questions about whether a public university must or may remove a required poster to…
Now that the U.S. Mint has stopped making pennies, can an Arkansas store round cash transactions to the nearest nickel, including for SNAP customers paying cash for the non-SNAP portion of a mixed transaction?
Neither Arkansas nor federal law specifically prohibits rounding the cash portion of a mixed SNAP purchase to the nearest nickel if the SNAP-eligible portion is charged electronically at its exact…
If my Arkansas police department's federal-grant overtime threshold is 80 hours of work in a two-week pay period, do my sick days, vacation, and comp time count toward that 80-hour total?
Neither Arkansas nor federal law requires overtime until an officer actually works beyond the applicable threshold. The AG used a 171-hour/28-day ratio to illustrate an 86-hour threshold over 14…
If my supervisor wrote a memo about a conversation we had and filed a discrimination/harassment complaint against my wishes, can the County release those records under FOIA?
The custodian classified these documents incorrectly as personnel records. The Attorney General found that the supervisor’s memo and complaint form were employee-evaluation records, which must be…
Can an Arkansas school district let a booster club and an outside ad agency sell broadcast rights to high school football games and keep the proceeds, without going through the public-school-facility sale rules or competitive bidding?
Broadcast rights are intangible property, so the school-facility sale statute does not govern them. The district may hire an advertising agency without bidding if its fee is below the statutory…
I FOIA'd Pulaski County for complaints against employees. They redacted entire pages and lots of names. Are those redactions legal under Arkansas FOIA?
Mostly, yes. Whole-page redactions of evaluation records are required when the four-part test isn't met. Name redactions are case-by-case under the privacy balancing test, justified for things like…
Does the Arkansas Attorney General have to approve a Memorandum of Agreement between Little Rock, North Little Rock, and Pulaski County to share costs for a public-safety study and Group Violence Intervention?
No. For this agreement, the Attorney General found that the parties would do nothing other than pay money. It was not joint cooperative action under the Interlocal Cooperation Act, so his approval…
Why did the Arkansas Attorney General reject 'The Natural Environment Amendment' ballot title for the third time, and what would the sponsor need to fix?
The AG rejected the ballot title because the underlying amendment text is too vague to support any non-misleading title. The constitutional duties on government are undefined, the limits on the…
When a county employee files a complaint about a coworker or supervisor under the county's personnel policy, is that complaint a 'personnel record' (mostly disclosable) or an 'employee evaluation' (mostly sealed)?
It's a personnel record. The 'at the behest' test under A.C.A. § 25-19-105(c)(1) requires command or directive, a personnel policy that lets employees file complaints isn't a command. Reprimands and…
How can a Garland County property owner clear a 1953 pipeline easement that was granted to a long-defunct state commission, when every state agency disclaims authority?
For the specific quitclaim deed recorded in Garland County Deed Record Book 383, pages 360–367, the opinion identifies the Arkansas Economic Development Commission as successor in interest and says…
If a medical clinic bought equipment with federal grant money, is it exempt from Arkansas business personal property tax? And does sending unpaid patient bills to collections cost it any tax exemption?
Federal grant funding alone does not exempt a private clinic’s equipment from Arkansas property tax. A clinic may qualify for the public charity exemption if it meets the opinion’s three criteria;…
Does an Arkansas sheriff need the county judge's approval to award a retiring deputy his service pistol, given that the county judge controls disposal of county property?
No. § 12-15-302 lets the sheriff award the pistol on his own. The general rule that the county judge disposes of county property is overridden by this specific statute, and the legislature's silence…
I resigned in lieu of termination from a state job. Can my former employer release my voluntary separation form, resignation letter, and the email and memo about the events that led to my forced resignation?
For these records, yes. The Attorney General approved release of the separation form and resignation letter as personnel records, with an employee ID redacted. He also approved release of an email…
If a quorum court doesn't pass an annual appropriation ordinance by January 1, can the county judge and justices of the peace go without pay until they do, and do they get back pay once the ordinance passes?
They can go without pay temporarily, but they're entitled to back pay once the ordinance is adopted. Reading Act 24 of 2025 to deny back pay would unconstitutionally decrease the county judge's…
Federal grant funding for our prosecutor's victim-services and administrative staff just expired. Are the counties in our judicial district legally required to keep paying these positions?
Only if those positions existed at the time of the county's January 1, 1999 appropriation. If they did, the counties must fund the positions at sufficient levels for operation, but no less than the…
If a council member wants to be appointed mayor and her husband is also on the council, do they have to recuse from the council vote on a third party for the same vacancy? And does abstention reduce the number of yes votes needed for a majority?
No statute or constitutional provision directly addresses this scenario. Common-law conflict principles or A.C.A. § 21-8-304(a) may apply based on specific facts, and a five-member council still…
When a county judge signs an Act 9 industrial bond and a Payment in Lieu of Taxes agreement with a developer, is he exercising executive authority or judicial authority? And does the quorum court have any role?
The county judge acts in his judicial capacity as the sole member of the county court. The quorum court has no role: under § 14-14-502(c), it cannot exercise any power belonging to the county court…
Can Hot Springs Village or its nonprofit Property Owners’ Association become an Arkansas water authority under Act 736 of 2025?
Hot Springs Village itself cannot because it is an unincorporated community without legal status. Its nonprofit POA may qualify to form or convert to a water authority if the Natural Resources…
Is the Arkansas Wind Energy Development Act's April 9, 2025 'under development' exemption deadline constitutional, given that the Act took effect August 5, 2025 with no emergency clause? And does it apply to leases signed between those two dates?
The Attorney General found the April 9 exemption cutoff constitutional despite the Act's August 5 effective date and the absence of an emergency clause. A project with leases signed after April 9…
A school district got a FOIA request for all complaints about coaches over five years. Which emails are personnel records (releasable) and which are evaluation records (mostly withheld)?
The Attorney General agreed that unsolicited emails from members of the public about coaches could be released as personnel records, subject to supported redactions. He said a December 24, 2021…
Our city scheduled a referendum special election five months after certification. Was that lawful, or did we miss the 120-day deadline in the elections code?
A reviewing court would likely find the City of Ozark's decision to hold a referendum special election about five months after certification (November 18, 2025) was lawful. The two statutes (A.C.A.…
Can my city ban guns at a kids' soccer game in a city park, and what about a private league that rented the field?
The Attorney General says state law preempts a municipal firearm ban at a park athletic event. A private renter may prohibit firearms in the reserved area only if it has enough control to lawfully…
How is a quorum court supposed to implement Act 519 of 2025 for its county planning board?
The AG points the questioner to companion Opinion 2025-068, which lays out four compliance paths (addition, attrition, dissolution, or for-cause removal) and the due-process protections owed to…
Our county planning board does not meet the new rural-residency rule in Act 519 of 2025. Do we have to fire current members right away, or can we phase the change in?
The opinion discusses four possible paths for a county planning board that does not meet Act 519’s rural-residency requirement: addition, attrition, dissolution, and subtraction. It says members…
Are city civil-service commissioners' personal email addresses and personal phone numbers exempt from a FOIA request?
Yes, they are likely exempt, but not for the reason the city gave. The personal-contact-information exemption in A.C.A. § 25-19-105(b)(13) applies only to nonelected employees of state, municipal,…
Can I carry a gun openly in an Arkansas city park, including during a kids' soccer game, without a concealed-carry permit?
The AG said § 5-73-122 allows open carry in municipal parks, including during athletic events on park fields, but it does not authorize carrying inside municipally owned or operated buildings there.…
Can FBI agents, U.S. marshals, or other federal officers enforce Arkansas state law in Arkansas, including outside their normal jurisdiction or on federal land?
Yes, with conditions. Arkansas law authorizes specified federal officers to arrest offenders against state law to the same extent and under the same circumstances as certified state officers.…
I want to put a clean-environment amendment on the Arkansas ballot. Why did the Attorney General reject my proposed popular name and ballot title?
The AG rejected the revised proposal because its text left three matters unclear: which governmental entities would have duties, what its fundamental environmental right would require, and how it…
Can our city legally install a Safe Haven Baby Box at our fire station, and what liability does the city take on if it does?
Yes. The Arkansas Safe Haven Act expressly permits installation of a newborn safety device (Safe Haven Baby Box) at a city-owned fire station. The city must meet specific statutory and code…
Does our county have to reimburse our part-time public defenders for office rent, mileage to court, and other office expenses?
The county pays necessary office equipment, supplies, and qualifying office rent. The Public Defender Commission pays travel related to defending an indigent client. For mileage from a defender’s…
Can a state agency withhold law-enforcement officer decertification records under FOIA before the Commission has voted on the decertification?
The AG said the undisclosed-investigation, personnel-record, and personal-contact-information exemptions generally do not apply to CLEST decertification records. Other exemptions may apply, so the…
I have a deck or shed that crosses onto Corps of Engineers property. Can the Corps file a Notice of Encroachment in the county records against me, or is that a crime under Arkansas law?
The opinion says A.C.A. § 5-37-226 does not prohibit a genuine Corps Notice of Encroachment filed to protect Corps property interests and alert buyers to an actual encroachment. It treats the…
A sheriff's office wants to release an internal-investigation report about deputies meeting with a sheriff candidate while on duty. Can they?
No. The internal-investigation report is an employee-evaluation record because it was created by the sheriff's office to evaluate the deputies' on-the-job conduct. Employee-evaluation records can…
Are prediction-market platforms like Kalshi (where you bet on election outcomes, sports outcomes, and other future events) legal in Arkansas without a gaming license?
No. The AG concludes that prediction-market platforms like Kalshi facilitate gambling under Arkansas law and require gaming licensure. The Arkansas Supreme Court has defined gambling as 'risking of…
Does Arkansas law require cities to give veterans preference in hiring, promotion, or layoffs?
No. Arkansas law permits but does not require cities and other local governments (counties and townships, but not the state or public colleges) to adopt a veterans' preference employment policy. If…
Does an Arkansas police or code enforcement officer have to show me ID before charging me with obstructing governmental operations or false identification?
No. Neither A.C.A. § 5-54-102 nor any other Arkansas law requires a law enforcement or code enforcement officer to present identification to a suspect before charging or citing the suspect for…
A campus childcare center has video surveillance footage that ended up in a child-maltreatment investigation. Can the university release that footage in response to a FOIA request?
Video included in an authorized campus-police child-maltreatment investigation is exempt from public FOIA release under A.C.A. § 12-18-104, even after that investigation ends. For a DHS…
When a city reimburses the county for its share of election expenses, does the formula's denominator include voters from unincorporated areas of the county or just voters from cities and towns?
Yes, the denominator includes all voters who cast ballots in the election countywide, including unincorporated-area voters. The denominator is not limited to municipal voters. A.C.A. § 7-5-104(a)(2)…
Can a fire department in one Arkansas county take over or fund a volunteer fire department in another county?
The AG found no constitutional provision or statute expressly prohibiting the proposed cross-county oversight or funding. Whether the departments may make a particular arrangement depends on how…
When a rural water service operates inside a city’s annexed area, who has authority to inspect the water system and regulate permits?
The municipality has the exclusive right to inspect the water system, issue and regulate its permits, and regulate water service to property within city limits, unless the municipality and rural…
The Legislative Joint Auditing Committee told the Treasurer to release water-sewer audit turnback funds even though some cities have not filed their reports yet. Can the Treasurer do that?
An engagement letter promising a future audit does not permit release of escrowed turnback funds under A.C.A. § 14-234-120. The AG said a successful vote to expunge the Committee’s July 2025…
I'm a journalist asking for state employee termination notices. Why won't the agency release them?
Because the termination notices stated the grounds for termination, they qualify as employee-evaluation records, which are subject to a strict four-element release test (suspension or termination,…
Why did the Attorney General reject my proposed environmental amendment 'The Amendment to Keep Arkansas Natural'?
The AG rejected the proposed popular name and ballot title because four ambiguities in the amendment text prevented him from ensuring the title was not misleading or substituting a suitable one. He…
How does an Arkansas city sort through a police officer's complete personnel file for a FOIA release? Which records go out, which get redacted, and which stay confidential?
The AG found the custodian's planned release only partly consistent with FOIA. Most administrative records and third-party commendations could be released with required redactions; medical records…
A school district investigated an employee, the employee resigned, and now the district refuses to release the investigation files. Can they?
The AG could not decide whether the district properly withheld the records without seeing them. A forced resignation in the face of certain, impending termination can meet the first requirement for…
Can a regional airport renew a tenant's lease without going through a bid process if the airport's bylaws don't require bidding?
The AG said an airport organized under the Regional Airport Act has authority independent of its bylaws to enter contracts and lease property, so bylaw silence about bidding does not by itself…
Can an Arkansas city or county temporarily pause wind turbine construction under Act 945 of 2025?
Yes. The Attorney General says Act 945 permits local governments to enact temporary moratoriums on wind turbine construction and installation. Whether a particular moratorium is valid depends on its…
Is the City of Fayetteville now in compliance with Arkansas's sanctuary city ban after the AG's earlier finding that it was not?
Yes. After the AG's earlier Opinion 2025-048 found that Fayetteville maintained a prohibited 'sanctuary policy' under A.C.A. § 14-1-103 and made the city ineligible for state discretionary funding,…
I asked Washington County for discipline records on two former employees and the custodian denied everything. Can the county hold all of that back?
The AG found the county’s blanket withholding largely inconsistent with FOIA: several emails, three separation notices, and an investigation closure letter should be released. The performance…
I'm the same Conway officer in opinion 2025-089 and someone made a separate, broader FOIA request listing ten categories of records about me. The custodian gave me his planned answers for each category. Are they right?
The AG found the custodian’s plan only partly consistent with FOIA because the actual records had not been reviewed. Evaluation records tied to the officer’s pending termination appeal cannot be…
Did the City of Fayetteville adopt a sanctuary policy by saying 'the city does not assist ICE,' and what does that mean for state funding?
Yes. The AG concluded that the mayor's June 17, 2025 media release reflects a pre-existing City of Fayetteville policy that violates A.C.A. § 14-1-103. The release stated that the police department…
Three coworker complaints have been filed against me, and now they're being released under FOIA. Aren't those internal investigation records? Can I block release?
The AG concluded that the three anonymous coworker complaints were personnel records because they were not created by or at the behest of the employer. They contained no personal or intimate…
Washington County is about to pass an ordinance that exempts a single private recovery facility from the county's conditional use permit rules. Is that an unconstitutional 'special law' under the Arkansas Constitution?
The AG declined to answer because of pending federal litigation. Eaglecrest Recovery, LLC v. Washington County, Arkansas, No. 5:24-cv-05249 (W.D. Ark., filed December 6, 2024), addresses the same…
Does Act 751 of 2025 stop our civil service commission from interviewing candidates for promotion to corporal or sergeant, or does it only restrict interviews for new hires?
Only new hires. The new ban on commissioners 'engaging in interviews' in section 14-51-301(b)(3)(B)(ii) applies only to applicants from outside the department, that is, candidates for appointment.…
I'm a Conway police officer. I was terminated, I'm appealing it to the Civil Service Commission, and the city wants to release a big stack of records about my case. Can they?
The AG said the custodian’s release decision was mostly consistent with FOIA. Evaluation records about the officer could not be released while her termination appeal was pending because…
We're trying to plan our initiative petition campaign under the new Act 274 rules. Can a canvasser play voters a prerecorded reading of the ballot title and then accept their signature, or does the canvasser have to do the reading live? And can voters listen on headphones, speed up the playback, or hear it in another language?
The AG declined to answer because of pending federal litigation. League of Women Voters of Arkansas v. Cole Jester, No. 5:25-cv-05087 (W.D. Ark., filed April 21, 2025), is challenging Act 274 of…
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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.