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 the Arkansas legislature require its committee to pre-approve Ethics Commission rules implementing the new ethics amendment?
Yes. Amendments 92 and 94, both ratified in November 2014, work together. Amendment 92 lets the General Assembly subject any agency rule to legislative review, and Amendment 94 lets it amend Ethics Co…
Does the Arkansas AG need to approve a cooperation agreement between Little Rock and the Capitol Zoning District Commission?
No. A specific 2013 statute (A.C.A. § 22-3-308) governs Capitol Zoning District cooperation with Little Rock and does not require AG approval. Plus the agreement doesn't fit the Interlocal Cooperation…
Can a Fayetteville police officer's personnel file be released after redacting job performance records, addresses, and family info?
Mostly yes, but the AG found a few errors. Race shouldn't have been redacted, and non-public references' contact information shouldn't have been redacted either. A school transcript needed full redact…
Do Arkansas legislators' pre-2014 years of service count toward the new 16-year cap under Amendment 94?
Yes, as to service after January 1, 1993. Amendment 94 left untouched the prospective-application clause from Amendment 73, so the 1993 trigger date carried over. Two-year Senate terms drawn after rea…
Can an Arkansas school district buy land in a neighboring district and build a school on it?
Yes, subject to the same caveats as a 2001 AG opinion: the school board has discretion to acquire extraterritorial property and build, but new construction needs approval from the Division of Public S…
Does an Arkansas alderman have a prohibited interest in a city contract if his or her spouse runs the company or owns a controlling share?
Possibly yes for unincorporated contractors (the law prohibits it). But if the contractor or subcontractor is a corporation, the statutory exception applies and the contract is allowed regardless of a…
Can an Arkansas county trade in used equipment toward a lease-purchase of new equipment without going through bidding?
Yes. The county purchasing statute (A.C.A. § 14-22-106) controls and exempts used-goods trade-ins from bidding, whether the underlying transaction is a sale or a lease with option to purchase. The mor…
What rules govern the release of a Pulaski County former employee's employment records under the Arkansas FOIA?
The AG could not provide a substantive review because the requester did not submit records or specify objections. The opinion summarized the general FOIA framework for employee-related records: the Yo…
Can an Arkansas school district give a departing superintendent property worth more than $100 as part of a severance package?
Yes, but only if the district receives adequate consideration in return. A contracted-for severance or a settlement of a bona fide dispute qualifies. A pure gift after resignation does not. School boa…
Why did the Arkansas AG reject the Campaign Finance Act of 2016 ballot title?
The AG rejected it because the ballot title failed to summarize entire sections of the proposal, used 'electioneering communication' in a way that contradicts the term's standard meaning, and used par…
When does majority-party status attach for Arkansas county election commission composition?
Majority-party status is determined by the November 2014 general election results, but the actual change in county board composition does not happen until January 2015. Commissioners are selected in J…
When does an Arkansas write-in candidate have to notify each county board of election commissioners?
The deadline is unclear under current law due to 2009 and 2011 amendments. The political practices pledge, affidavit of eligibility, and notice filed with the Secretary of State or county clerk are du…
Can an Arkansas city bill the county for the cost of retrieving a felony suspect, or does the city have to absorb the expense?
The county is likely not obligated to reimburse the city absent a separate written agreement. State law gives cities and counties no general authority to bill each other for the cost of obtaining a cr…
Can an Arkansas alcohol manufacturer or licensed restaurant own an interest in a microbrewery-restaurant?
Yes. The microbrewery-restaurant subchapter explicitly overrides the three-tier system separation rules. Existing manufacturers and restaurants holding mixed-drink permits can hold an interest in a mi…
How many votes does an Arkansas timeshare owner have in a suburban improvement district board election?
It depends. In an election to convert to electing board members (under A.C.A. § 14-92-240), each property gets two votes, cast by the timeshare owners' association. In an election to fill board vacanc…
Can an Arkansas sheriff's office release a deputy's suspension letter to a third-party FOIA requester even though the deputy was not involved in any of the matters the requester was investigating?
Yes. The suspension letter is an employee-evaluation record showing a violation of rules designed to avoid undermining public trust. As a law enforcement officer's discipline record meeting the four-p…
Does Arkansas's 2014 lobbyist gift ban (Issue 3) prohibit a chamber of commerce from hosting a legislative reception that is open to all legislators?
No. Issue 3 defines 'gift' to exclude food or drink available at a planned activity to which a specific governmental body is invited. A reception open to the entire General Assembly meets the exceptio…
Are the meetings and records of a committee or subcommittee created by an Arkansas state board open to the public under the FOIA?
Records of committees and subcommittees of public bodies are subject to the FOIA across the board. Meetings depend on the committee's makeup and whether it has decision-making authority. Complete subg…
When someone applies for a job with an Arkansas public employer, are their interview scores released to other applicants under the FOIA?
It depends on whether the applicant was successful and whether they were already a public employee. Successful applicants: name and scores released. Unsuccessful applicants who are already public empl…
Under the Arkansas FOIA, must a city release internal complaint records to an employee who is the subject of a harassment complaint while the investigation is still ongoing?
Yes. The subject of a harassment complaint has FOIA access to records about the complaint regardless of whether they are classified as employee-evaluation records, because an employee can always acces…
If an Arkansas DWI offender already paid the statutory fee for an alcohol treatment program, can the state make them pay it again for an alcohol education program?
No. A person ordered to a treatment program who paid the A.C.A. § 5-65-115 fee for that program cannot be required to pay the same fee a second time for an education program. The Office of Driver Serv…
Can an Arkansas city pay its outside contract attorney for time spent answering FOIA requests, or does the FOIA forbid it?
The FOIA does not govern what a city pays its outside counsel for FOIA work, as long as those fees are not passed on to the requester. The act regulates what custodians may charge requesters, not what…
Does an Arkansas law requiring consolidated school districts to donate or lease unused buildings to charter schools and other entities apply to districts consolidated before 2013?
No. A.C.A. § 6-21-108(b)(3), enacted in 2013, does not apply retroactively to school districts whose consolidation and two-year vacancy window both predated the statute's effective date. The statute a…
What did the Arkansas AG do with the Arkansas Hemp and Marijuana Amendment ballot title in 2014?
The AG certified the popular name as submitted and substituted a more suitable ballot title. The substituted title kept the proposal's substance while warning voters that the activities remain unlawfu…
Can an Arkansas county sheriff's department withhold a 13-year-old letter of reprimand and suspension issued to a deputy just because the underlying incident never became publicly controversial?
No, in the AG's view. Age and lack of public controversy alone are not enough to defeat the compelling-public-interest test for releasing a law enforcement officer's disciplinary record, especially wh…
Under Arkansas FOIA, can a school district withhold documents that formed the basis for firing a teacher who worked daily with students?
The AG could not rule on the specific Bentonville records but said the documents likely qualified as employee-evaluation records, not just personnel records. If so, the public's compelling interest in…
Can an Arkansas city lower or eliminate its personal property tax while keeping the real property tax the same?
No. Amendment 79, § 4(b) of the Arkansas Constitution required the millage rate on personal property to equal the millage rate on real property in every taxing unit. The City of Benton could not elimi…
Can an Arkansas public hospital withhold settlement agreements with departing employees as a privacy invasion?
Probably not. The AG had not seen the records, but his office had repeatedly opined that public-entity settlement agreements are personnel records, and that the public's strong interest in settlement …
Does an Arkansas county election board need a unanimous vote to close a polling place that violates the ADA or HAVA?
No, a majority of the three-member county board could close a polling place that violated the ADA or the Help America Vote Act. But designating a replacement site, even just reassigning voters to an e…
Why did the Arkansas Attorney General reject a citizen-proposed marijuana legalization amendment in 2014?
The AG rejected the second submission of the Arkansas Hemp and Marijuana Amendment because the text contained ambiguities that made an honest ballot title impossible. The licensing-cost language, the …
Can an Arkansas county lock itself into a 'forever' contract to house city prisoners for free, with no way out unless the city agrees?
No. A county can sign contracts for an indefinite term, but any county interlocal services agreement under A.C.A. § 14-14-910 must allow each party to terminate on six months' written notice. A mutual…
Can Arkansas pay health insurance subsidies for public school employees even though they aren't state employees, and could other groups sue for equal treatment?
Yes for the first question, no for the second. The legislature may direct public funds to any group, including non-state employees, as long as the expenditure serves a primarily public purpose under A…
Could Arkansas's 2014 SJR 7 amendment let the legislature veto Game and Fish Commission or Highway Commission rules?
The AG declined to interpret SJR 7 before the November 2014 vote, consistent with longstanding office policy and Arkansas's bar on declaratory judgments about unenacted measures. He noted the open leg…
If an Arkansas county interlocal agreement leaves out the six-month termination clause, can a party still withdraw on six months' notice?
Yes, if the agreement was silent. The statutory six-month withdrawal right in A.C.A. § 14-14-910(c)(3)(E) is read into a county interlocal agreement that does not address termination. But if the contr…
When should an Arkansas state agency release the records that led to firing an employee?
The AG agreed with the AHTD HR director's decision to release four records connected to a former employee's suspension and termination. Three were employee-evaluation records that met all four statuto…
When every seat on an Arkansas city council is empty, can the Governor fill them?
Governor Beebe could appoint enough new aldermen to let the remaining council fill the other seats under A.C.A. § 14-44-104, or he could appoint all the vacancies at once. The power was discretionary,…
When can the AG review an Arkansas custodian's FOIA decision about a public employee's records?
The AG declined to evaluate the City of Rogers custodian's decision because it appeared incomplete. Many of the documents had not been classified as personnel or evaluation records, the disclosure tes…
Can a state agency release a former employee's work emails as personnel records without checking whether they're evaluation records?
Partially. DHS correctly identified most of former employee Leslie Rutledge's emails as personnel records suitable for release. But several emails were employee-evaluation records that needed the four…
When can the press get records from an Arkansas police officer's internal investigation?
Hearst Television's KHBS got partial relief. The AG sided with the custodian on two internal investigations that did not result in suspension or termination (those records stay closed). But he overrul…
If an Arkansas teacher resigns mid-appeal of a suspension, are the suspension records still FOIA-disclosable?
Yes. A Springdale teacher's suspension under A.C.A. § 6-17-1508 became 'final' for FOIA purposes when he resigned mid-appeal. Suspension under that statute is disciplinary even if it's with pay. The F…
What does the AG say when an employee objects to release of her personnel file without giving any details?
The AG could not opine on Mona Struble's objection to release of her AHTD personnel file because he had no records, no custodian classification, and no explanation from her about which documents she w…
What did the Arkansas AG say about the first marijuana legalization ballot title submitted in 2014?
Rejected. The text defined hemp as cannabis with less than 1% THC and marijuana as cannabis with greater than 1% THC, leaving cannabis with exactly 1% THC unclassified. The AG also flagged inconsisten…
How can Arkansas verify that an out-of-state towing company qualifies for an Arkansas permit?
The AG suggested the Towing Board require applicants to show the laws of their home state actually permit Arkansas-licensed tow vehicles to operate there. No formal rule existed in 2014, but the Board…
Can an Arkansas county judge take 911 dispatch away from the sheriff without the sheriff's consent?
Yes. The county judge (as chief executive under Amendment 55) has authority to designate, and to undesignate, the operating agency for a county 911 center under A.C.A. § 12-10-303. The sheriff's concu…
Can the Arkansas Department of Heritage use the 1/8% conservation tax to build a new headquarters?
Probably yes, with caveats. Amendment 75 doesn't restrict the Department of Arkansas Heritage to spending its 9% Conservation Tax share exclusively on 'natural heritage' through the Natural Heritage C…
If an employee was 'forced to resign' before disciplinary action, can the public still get their employee-evaluation records under Arkansas FOIA?
Not automatically. Coerced resignation can in principle equal a constructive termination that opens the records to disclosure, but the custodian, not the AG, decides as a factual matter whether the re…
Can an Arkansas city impose a flat monthly water-account charge dedicated to sewer maintenance by ordinance, or does it have to go to a vote of the people?
If the charge truly behaves like a fee (fair, reasonable, and tied to the service the payer receives), the city council can impose it by ordinance and it is not an illegal exaction. If it functions mo…
Are internal investigation records, including witness statements, accessible under Arkansas FOIA when the employee resigned without being suspended or terminated?
No. Records created by or at the employer's behest to investigate a complaint are employee-evaluation records, and FOIA requires they be withheld unless the employee was suspended or terminated. Resig…
Can a sheriff's office withhold internal-affairs interview records when the deputy was placed on paid administrative leave during the probe and then resigned before the investigation closed?
Yes, if the paid leave was routine (not disciplinary) and the resignation was voluntary. Without a suspension or termination, the records fail the threshold prong of Arkansas FOIA's evaluation-records…
Can an Arkansas records custodian refuse to release a public employee's personnel file when the requester is clearly using FOIA to harass the employee?
No. Custodians cannot weigh a requester's motive or identity under the personnel-records test, even where there is strong evidence of harassment. The remedy lies with a court ('No Contact' order or ha…
Why did the Arkansas AG reject the popular name and ballot title for the 'Cultivate Hemp and Regulate Marijuana Amendment'?
The proposal had multiple internal ambiguities and misleading tendencies, including imperative-mood phrasing in the popular name, contradictory regulatory-authority language in the text, and silence i…
Can a city withhold internal-investigation records about a supervisor where the supervisor was investigated but neither suspended nor terminated, even when the complainant herself requests them?
Yes. Recordings, notes, and interview questions created by or at the employer's behest to investigate a complaint are employee-evaluation records, and FOIA bars disclosure absent suspension or termina…
Did Arkansas's 2014 ballot push to legalize medical marijuana clear the AG's ballot-title gatekeeper?
Yes, for the popular name (certified as submitted); the AG substituted a refined ballot title and certified that. The measure cleared this stage with a cautionary note about ballot-title litigation ri…
Can a city withhold a 23-page applicant 'Integrity Interview' from a public-records request when most of its 349 questions are about deeply personal matters?
Yes. When highly personal questions predominate (about 70%) and are interspersed line-by-line throughout the document, the exempt information is 'inextricably intertwined' with the non-exempt, and the…
Can an elected Arkansas Court of Appeals judge also serve as a part-time elected district court judge, and does the answer change if the city and county pay the salary?
No. Amendment 80 § 16(F) bars circuit, district, and appellate judges from holding any other 'office of trust or profit under this state,' and that ban runs regardless of who pays. Teaching as an adju…
Can a sheriff's office release disciplinary records of a former deputy under Arkansas FOIA when the misconduct involved interactions with the public?
Yes, with one redaction. Disciplinary records of law enforcement misconduct that affects the public typically carry a compelling public interest sufficient to satisfy the four-part FOIA test, but a fa…
Can two Arkansas counties join together to build and operate a single jail located in only one of the counties?
Yes. State law authorizes regional jail facilities created by interlocal agreement, and that authority qualifies the older requirement (from 1838) that every county build a jail within its own borders…
If an Arkansas regional intermodal authority leases facilities to a private business, does the private lessee inherit the authority's tax exemptions?
No. The tax exemptions under A.C.A. § 14-143-121 attach only to the regional intermodal authority itself and to its property used exclusively for public purposes. A private lessee enjoys no inherited …
Did the Arkansas AG certify a 2014 constitutional amendment legalizing cannabis statewide with a 1% THC dividing line between hemp and cannabis?
Yes for the popular name (certified as submitted). The AG substituted a refined ballot title to fix language about regulation versus prohibition of plant numbers and product manufacturing, and certifi…
Did the Sebastian County Board of Election Commissioners need a unanimous vote to close polling sites, and was its 2-to-1 vote unlawful?
Yes, unanimity was required. The AG refers legislators to his prior Opinion 2014-068 (issued one week earlier to the prosecuting attorney), which holds that any polling-site alteration is a 'designati…
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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.