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 person is not required to present, produce, or show ID to a police officer before being charged or ticketed under A.C.A. § 5-54-102 (Obstruction of Governmental Operations). Refusing to identify…
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 County can release emails as personnel records with privacy-related redactions. It must withhold the discrimination/harassment complaint form against you so long as you have not been suspended or …
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 payments…
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 to both. The dual-candidacy bar in A.C.A. § 7-5-111 (which prohibits running for more than one 'state, county, municipal, district, or township office' on the same date) does NOT cover school dist…
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 opine because litigation challenging Act 573 is pending in federal court. The AG flagged that he believes the Act is constitutional and pointed to a brief filed in the Eighth Circui…
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?
Yes. Neither Arkansas nor federal law forbids penny rounding on cash transactions. For SNAP, the federal rule is that retailers cannot treat SNAP coupon users differently from cash users. The simplest…
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?
No. Under the FLSA's 7(k) exemption and 29 C.F.R. § 778.218(a), only hours actually worked count toward the overtime threshold. Sick leave, vacation, and comp time are not 'hours worked,' so an office…
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?
No, not as 'personnel records.' The AG ruled that a memo created by your supervisor describing your work-environment complaints, plus a complaint form completed against your wishes, are employee-evalu…
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?
Yes, with limits. The sale-of-school-facility statute does not cover intellectual property like broadcast rights, but Article 14, Section 2 of the Arkansas Constitution still requires the district to …
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 me…
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. The AG only approves agreements that involve 'joint cooperative action.' An agreement that just splits the bill for a study or program, without committing the parties to act together, is not 'join…
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 Genera…
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 s…
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?
The Arkansas Economic Development Commission (AEDC), now under the Department of Commerce, is the legal successor to the 1955 Industrial Development Commission, which inherited the easement from the a…
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?
No, federal-grant-funded purchases by themselves don't trigger an exemption. The clinic might qualify for the public charity exemption if it's open to the public, serves regardless of ability to pay, …
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 o…
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?
Yes. The voluntary separation form and resignation letter are personnel records, releasable subject to redactions. The email and memorandum are evaluation records, but a forced resignation counts as '…
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 compen…
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 19…
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?
There's no statute that automatically requires recusal, but common-law conflict-of-interest rules and Arkansas's ethics statute may require it depending on the specific facts. The Ethics Commission ha…
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 wi…
Can Hot Springs Village or its Property Owners Association qualify as a 'water authority' under Arkansas's expanded Water Authority Act and access the state's water-infrastructure loan programs?
Hot Springs Village itself cannot. As an unincorporated community, it has no legal status, so it can't be a 'qualified corporation' or a 'person' under the statute. The Property Owners Association, as…
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?
Yes, the retroactive deadline is constitutional. The Arkansas Constitution doesn't ban all retroactive laws; only specific categories like ex post facto criminal laws, impairment of contracts, and due…
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)?
Unsolicited emails from third parties (parents, community members) about coaches are personnel records and must be released, with redactions for things like personal contact information, dates of birt…
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?
No, neither the city nor the league can ban firearms in a municipal park. The Arkansas General Assembly preempted local firearms regulation under A.C.A. § 14-54-1411. A private organization that rents…
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 existi…
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?
Counties have four options for getting their planning boards into compliance with Act 519: add new rural members up to the 12-member statutory cap; let nonrural members serve out their terms and repla…
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, sch…
Can I carry a gun openly in an Arkansas city park, including during a kids' soccer game, without a concealed-carry permit?
Yes, you can openly carry a handgun in an Arkansas municipal park, including during athletic events on park fields. You cannot, however, carry inside any city-owned building inside the park (gyms, com…
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. The Arkansas General Assembly has expressly authorized a list of federal law enforcement officers (FBI, Secret Service, DEA, ATF, U.S. marshals, postal inspectors, IRS agents, federal parks/wildl…
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 proposed 'Clean and Healthy Natural Environment Amendment' for the second time. Two structural problems in the amendment text itself prevent the AG from certifying any ballot title…
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 requiremen…
Does our county have to reimburse our part-time public defenders for office rent, mileage to court, and other office expenses?
The county pays for office equipment, supplies, rent, and other office expenses 'necessary to the effective and efficient operation of the public defender's office.' But the county does not pay for tr…
Can a state agency withhold law-enforcement officer decertification records under FOIA before the Commission has voted on the decertification?
The three exemptions the Department of Public Safety might have reached for (undisclosed investigations, personnel records, and personal contact information) generally do not apply to CLEST decertific…
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?
It is not a crime. A.C.A. § 5-37-226 prohibits filing a phony or title-clouding instrument with the county recorder for the purpose of obtaining money or clearing title, but it expressly excludes 'a b…
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 only…
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 mo…
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 a …
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 obstruc…
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?
No, generally not. The Child Maltreatment Act exempts from FOIA any data, records, or documents concerning a child maltreatment investigation conducted by an authorized entity, including campus police…
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) c…
Can a fire department in one Arkansas county take over or fund a volunteer fire department in another county?
No state law expressly prohibits one county's fire department from exercising authority over or funding a volunteer fire department in another county. Whether it can actually do so depends on how the …
After my city annexed an area, the city and a county water authority are both charging me for water-service inspections. Which one has the right to inspect and charge?
The city has exclusive authority. Under Act 895 of 2017 (codified at A.C.A. § 14-208-102(a)(1)(C)), when a rural water service operates within the annexed boundaries of a municipality, the municipalit…
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?
Not directly. Under Act 453 of 2023, codified at A.C.A. § 14-234-120, the Treasurer can release withheld water-sewer audit turnback funds to a municipality only after receiving a notice from the Legis…
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, adm…
Why did the Attorney General reject my proposed environmental amendment 'The Amendment to Keep Arkansas Natural'?
The AG rejected this first version of the proposed environmental amendment for four undefined terms in the amendment text: 'environment,' 'environmental life support system,' 'remedies,' and the duty …
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 Fayetteville custodian wanted to release everything with redactions, but the AG splits the file across nine categories: administrative records (mostly releasable as personnel records, with college…
A school district investigated an employee, the employee resigned, and now the district refuses to release the investigation files. Can they?
Maybe yes, maybe no. The AG offers a roadmap rather than a binary answer because he has not seen the records. Three categories: (1) unsolicited third-party complaints are personnel records subject to …
Can a regional airport renew a tenant's lease without going through a bid process if the airport's bylaws don't require bidding?
Likely yes, with caveats. A regional airport organized under the Arkansas Regional Airport Act has the statutory authority to enter contracts and lease property independent of any bylaws. The absence …
Can my Arkansas city or county pause wind turbine construction with a moratorium under Act 945 of 2025?
Yes. Local governments (cities, counties, other municipal/governmental subdivisions defined in A.C.A. § 23-18-1303) may enact moratoriums on wind turbine construction and installation. Act 945 of 2025…
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, Ma…
I asked Washington County for discipline records on two former employees and the custodian denied everything. Can the county hold all of that back?
Mostly no. The AG concluded the blanket denial is largely inconsistent with FOIA. The emails, three separation notices, and an investigation closure letter are personnel records that should be release…
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?
Mostly OK, but several depend on classification calls the custodian must still make. Your personnel file (category 1) needs to be sorted document by document. Categories 2, 3, and 5 (incident records,…
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 'd…
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?
No. The AG concluded that anonymous complaints filed by coworkers are personnel records, not evaluation records, because they were not created by or at the behest of the employer. They are not transfo…
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 cond…
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. Com…
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?
Mostly no on the records connected to your termination, but several other records can go out. Because your termination is on appeal to the Conway Civil Service Commission, your evaluation records (any…
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 2025,…
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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.