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 Department of Health force a water system to fluoridate by treating Delta Dental grant funds as 'available'?
Yes, in effect. The Department determined the Delta Dental Foundation grant funds were 'available' under the fluoridation Act, and the AG would defer to that interpretation. Once funds are available f…
Can an Arkansas county force employees to resign or take unpaid leave when they file to run for elected office?
No. Under A.C.A. § 21-1-207, no public employer may strip a state, county, municipal, or school employee of the right to run for elective office. The Ashley County 'resign-to-run' personnel policy is …
Why did the Arkansas AG reject 'The Campaign Finance and Lobbying Act of 2014' ballot title?
AG Dustin McDaniel rejected Regnat Populus's combined campaign-finance, lobbyist cooling-off, and gift-ban initiative because Section 4's call for a U.S. constitutional amendment misstated federal law…
Why did the Arkansas AG reject the 'Ban the Prohibition of Cannabis' ballot title?
AG Dustin McDaniel rejected the popular name 'Ban the Prohibition of Cannabis' and its ballot title because the underlying measure failed to say it was a constitutional amendment, contained internally…
Can an Arkansas ambulance service opt out of the state trauma system, and what if trauma rules leave the service's home territory uncovered?
An ambulance service is free to opt out of applying for Trauma System grants, since participation is voluntary. But once participating, the service must follow trauma transport rules even when doing s…
After Arkansas Act 595 of 2013, what happens if an absentee voter doesn't include valid ID with the ballot?
The absentee ballot is not counted, and the voter cannot cure the missing ID by submitting it later. The provisional-ballot cure procedure in A.C.A. § 7-5-321 only applies to in-person voters who lack…
What services must an Arkansas city actually provide to land it has annexed, and what can landowners do if the city doesn't deliver?
The 'services' a city owes annexed landowners are whatever services are described in the annexation ordinance itself, not the broader laundry list defined for other purposes in A.C.A. § 14-40-2002. Th…
What counts as an 'immediate family member' for purposes of Arkansas county ethics rules on conflicts of interest?
A.C.A. § 14-14-1202(a)(3) doesn't define the term, but a court would likely borrow from A.C.A. § 21-8-304 (a parallel ethics statute). A family relationship by itself usually doesn't violate the count…
Can an Arkansas absentee voter who forgot to include ID with their ballot fix it after election day?
No. Under Act 595 of 2013, only voters who appear in person and lack ID can use the provisional-ballot cure procedure to submit identification by noon the Monday after the election. Absentee voters ar…
When can a journalist or member of the public get a police officer's personnel file under the Arkansas FOIA?
Generally yes, but with privacy protection. Police officers' personnel records are presumptively public under the Arkansas FOIA, except where disclosure would be a 'clearly unwarranted invasion of per…
When does an Arkansas election-law violation become a felony that disqualifies someone from public office under Article III, Section 6 of the state constitution?
Only when the violation is a 'willful and corrupt' offense that the legislature has defined as an infamous crime. Article III, § 6 has three parts: its scope (limited to convictions for legislatively-…
Could Arkansas adopt a California-style top-two primary, or otherwise force political parties to nominate by convention or accept all comers?
Probably not for top-two. A state-mandated top-two primary like California's or Washington's would likely conflict with Arkansas Amendment 29. Forcing parties to nominate by convention or accept all w…
Can a Conway court clerk who paid into the city's non-uniformed pension switch to APERS and still draw pension benefits for the prior 20 years?
Probably yes. Joining APERS in a new court clerk position doesn't by itself disqualify the employee from the City of Conway non-uniformed pension benefits for prior deputy court clerk service. The emp…
When a firefighter or police officer finishes the DROP deferred-retirement plan, can they continue volunteer service at another Arkansas municipality?
It depends on what 'participating municipality' means under the LOPFI statutes. Read literally, the DROP statutes require the retiree to 'terminate employment with all participating municipalities,' w…
Why did the Arkansas AG keep rejecting League of Women Voters cannabis ballot titles in 2013-2014?
AG Dustin McDaniel rejected Lt. Col. Marjorie LeClair's 'Ban Prohibition of Cannabis' constitutional amendment ballot title for the ninth time, citing ongoing ambiguities in the measure's text. Each p…
Can an Arkansas school district spend its funds to improve city-owned property (like a baseball field) in exchange for use of that property?
Probably yes, if the school board can rationally conclude the spending is 'convenient, useful, appropriate, suitable, proper or conducive' to operating the schools. The AG declined to give a categoric…
Can the Arkansas AG block FOIA release of a police officer's internal affairs file because of his pending criminal trial?
No. The AG's FOIA review authority under A.C.A. § 25-19-105(c)(3)(B)(i) is limited to evaluating personnel and employee-evaluation exemption decisions, not constitutional fair-trial arguments. The AG …
Can an Arkansas school district refuse to release any of an employee's personnel file under a FOIA request, claiming the whole file is exempt?
No. The AG said a blanket denial of an entire personnel file is inconsistent with Arkansas FOIA. The Act has no blanket exemption. Personnel records must be released unless their disclosure would be a…
Why won't the Arkansas AG approve a constitutional amendment requiring voter approval for any tax, fine, or fee increase?
Because the proposal as written was too ambiguous. It didn't define which 'taxes, fines, or fees' it covered (Verizon Arena ticket prices? Improvement district assessments?), which voters had to appro…
In Arkansas, can a public school district give away (not sell) a former school building to a nonprofit or to a city?
Probably yes, subject to significant constitutional limits. Act 318 of 2013 broadened the donation authority to cover cities, counties, and nonprofits, but the AG said any donation must still produce …
How does an Arkansas water district amend the joint agreement that created it under the Interlocal Cooperation Act?
The Arkansas AG must review and approve the amendment for form and consistency with state law (A.C.A. § 25-20-104(f)). If the AG does not act within 60 days, the amendment is deemed approved by operat…
In Arkansas, can a citizen record a police officer on duty, and where do you complain when an officer or official breaks the law?
The AG declined to answer the videotaping question categorically, saying only a court can decide a specific case, but reaffirmed that citizens have a qualified First Amendment right to record police a…
Can a city's Advertising and Promotion Commission use 'hamburger tax' money to repay a city general-fund bond or to subsidize a privately owned convention center and water park?
The AG would not give definitive answers because the analysis turns on facts he did not have, but he flagged several serious problems: (1) using A&P money to free up general-fund money to pay non-A&P …
What does it take to get a proposed Arkansas constitutional amendment legalizing cannabis through the AG's ballot title certification?
Not just a clear stance. The AG rejected a 2014 cannabis amendment because the proposal cited 'the Arkansas Gross Receipts Tax Laws of 1941,' a chapter that does not exist under that name; the actual …
In Arkansas, can a quorum court member also sit on the board of a nonprofit that gives grants to a county-owned animal shelter?
Yes. The AG found no statutory or constitutional bar, and the common-law incompatibility doctrine does not apply because the nonprofit board seat is private, not public. The county judge, not the quor…
What did the Arkansas minimum wage increase ballot initiative actually propose, and why was it certified without changes?
The Attorney General certified the popular name and ballot title exactly as submitted, based on this opinion, for an initiated act that would raise Arkansas's minimum wage in three steps: from $6.25 t…
What does the Arkansas Attorney General have to check before approving a multi-county agreement to run a shared library system?
The Attorney General approved the agreement as submitted, based on this opinion, after confirming it specified all the items Arkansas's Interlocal Cooperation Act requires for a joint government under…
Why was Arkansas's seventh attempt at a cannabis-repeal ballot measure rejected, even after the sponsor fixed the earlier wording problem?
Rejected again, based on this opinion, though for a narrower reason than before. The sponsor fixed the earlier problem by adding operative language that actually repealed cannabis laws, but the new te…
Does the same ballot-naming gap from Arkansas AG Opinion 2013-067 apply to House Joint Resolution 1009?
Yes, based on this opinion. The Attorney General applied the same conclusion reached in Opinion 2013-067 (regarding SJR 7) to House Joint Resolution 1009: the Attorney General no longer has authority …
Does the same ballot-naming gap from Arkansas AG Opinion 2013-067 apply to a different legislative constitutional amendment, SJR 16?
Yes, based on this opinion. The Attorney General applied the same conclusion reached in Opinion 2013-067 (regarding SJR 7) to Senate Joint Resolution 16: the Attorney General no longer has authority t…
Who is responsible for naming a legislature-proposed constitutional amendment on the Arkansas ballot after a 2013 law took that job away from the Attorney General?
The Attorney General no longer has that authority, based on this opinion. A 2013 law change removed the Attorney General's statutory duty to prepare a popular name for constitutional amendments referr…
Can a state agency release an employee's termination letter to a FOIA requester if the letter explains the reasons for firing?
Yes, based on this opinion. Because the employee's termination letter recounted the reasons for the firing (not just the bare fact of termination), it qualified as an 'employee evaluation or job perfo…
Can an Arkansas dairy that's certified to sell inspected Grade A milk also sell unpasteurized raw milk under the state's farm raw-milk law?
Probably not, based on this opinion. Although the 2013 law allowing incidental farm sales of unpasteurized whole milk doesn't specifically address Grade A dairies, its required point-of-sale notice st…
Does Arkansas's automatic 3% cost-of-living raise for elected county officers apply to justices of the peace?
No, based on this opinion. Justices of the peace are classified by statute as 'township officers,' not 'elected county officers,' so the law requiring an automatic 3% annual cost-of-living increase fo…
Can a city's hotel and restaurant tax pay for referees and equipment at a school basketball tournament held in a public gym?
Probably yes for both, based on this opinion, though the answer is fact-dependent. An advertising and promotion (A&P) commission likely may spend hotel-and-restaurant tax revenue to pay tournament ref…
Can a county quorum court redirect money from the treasurer's commission fund to another department without the treasurer's consent?
The Attorney General declined to answer, based on this opinion. Whether a quorum court's transfer of money from the county treasurer's commission fund to the IT department counts as an authorized 'adm…
Can a police department release an officer's name and job title to a FOIA requester, even if the officer objects?
Yes, based on this opinion. A public employee's name and job position are personnel records under Arkansas's FOIA, and releasing them almost never counts as a clearly unwarranted invasion of privacy, …
Can a water utility be forced to shut off a customer's water over an unpaid sewer bill from a different city's sewer department?
Yes, based on this opinion. The Paragould Light & Water Commission, which supplies water to residents of Oak Grove Heights who get separate sewer service from that city, is a 'corresponding water util…
Can a sheriff's office release internal investigation records that led to officer firings and forced resignations under Arkansas's FOIA?
Partly resolved, based on this opinion. The Washington County Sheriff's internal investigation records properly counted as 'employee evaluation or job performance records,' and releasing the suspended…
Why did Arkansas's Attorney General reject a proposed ballot measure to repeal all state cannabis laws?
The Attorney General rejected the proposed measure, based on this opinion, because its text described what repealing cannabis laws 'would' do rather than actually enacting a repeal, and because its br…
Can the head of Arkansas's environmental agency single-handedly freeze or halt animal feeding operation permit applications?
No, based on this opinion. Only the Arkansas Pollution Control and Ecology Commission, a separate rulemaking body, has statutory authority to declare a moratorium on or suspend the processing of a cat…
Who prosecutes misdemeanors, traffic tickets, and city ordinance violations in an Arkansas city, the prosecuting attorney or the city attorney?
The city attorney bears the default responsibility, based on this opinion. A prosecuting attorney may choose to take on misdemeanor violations of state law that occur within a city's limits, but isn't…
Does an Arkansas improvement district keep its property-tax exemption on lots that owners just signed over by quitclaim deed instead of losing them to foreclosure?
It's genuinely unsettled, according to this opinion. Arkansas courts have held that improvement district property obtained through court-ordered foreclosure for unpaid assessments is tax-exempt public…
Why did the Arkansas Attorney General rewrite, rather than reject, the ballot title for a 2013 initiative to repeal the state's marriage amendment?
The Attorney General certified a revised popular name and ballot title, based on this opinion, for a proposed constitutional amendment that would have repealed Arkansas's Amendment 83 (the state's ban…
Can a city release employee names, resumes, job titles, and salaries in response to an Arkansas FOIA request?
Generally yes, based on the prior opinions referenced here. Although the Attorney General declined to rule on this specific city's request due to a procedural timing problem, the office pointed to est…
Did the revised 2013 Arkansas same-sex marriage amendment fix its ballot title problem?
No, not fully. Jennifer Pierce revised her earlier proposal (Opinion 2013-122) to address a gap the AG had flagged in Amendment 83, adding a line that 'Arkansas law shall recognize all marriages valid…
Why did the Arkansas AG reject the ballot measure stripping limited liability from corporations that spend on elections?
The AG rejected it on several grounds. First, the submitted ballot title ended in an ellipsis and skipped whole sections, so it did not summarize the measure and he could not rewrite it 'out of whole …
Does an Arkansas prosecutor have to be physically present every time a court accepts a guilty plea?
No, in the AG's view. Arkansas Rule of Criminal Procedure 24.3(d) bars a court from accepting a guilty or no-contest plea unless the prosecutor was given an 'opportunity to be heard,' but it does not …
How does an Arkansas second-class city fill a council vacancy, and what are the rules on quorums and city funds?
The Attorney General answered a set of questions about second-class city government. A city cannot change the statutory rules for filling a council vacancy; doing so takes a majority of the remaining …
Can an Arkansas public school charge students fees or fines, and can it block enrollment for not paying?
The AG concluded that Arkansas' constitutional guarantee of free public schools bars any fee that would deny a child equal access to education, so tuition and registration fees for the standard curric…
Does an Arkansas volunteer fire department have to fight fires outside its coverage area for a neighboring city?
No. The Attorney General concluded that no Arkansas law requires a volunteer fire department to fight fires outside its coverage area unless it has agreed to. The rule runs both ways: neither a city d…
Why did the Arkansas AG reject the Marriage Amendment ballot title over its effect on Amendment 83?
The AG rejected it. Jennifer Pierce's proposed 'Arkansas Marriage Amendment' would have defined marriage as a union of two persons regardless of gender, and its ballot title said the measure repealed …
Why couldn't a 2013 Arkansas ballot measure allowing same-sex marriage get its ballot title certified?
The AG rejected it. He explained he only checks whether a ballot title fairly summarizes a measure, not whether same-sex marriage is good policy. He could neither certify nor fix this title because th…
Did the Arkansas Attorney General approve the ballot title for the 2013 medical marijuana initiative?
Mostly yes. Attorney General Dustin McDaniel found the popular name, 'The Arkansas Medical Cannabis Act,' sufficient as submitted, but concluded the sponsor's proposed ballot title needed work. Rather…
Why did the Arkansas Attorney General reject the 'Ban Prohibition of Cannabis' ballot title?
The AG rejected it. He explained that under A.C.A. § 7-9-107 he only checks whether a ballot title fairly summarizes a measure, not whether the measure is a good idea. He could not certify this one be…
When did Arkansas's automatic increase in the charter-school cap take effect?
At the beginning of the next application cycle, not during the current cycle. The AG read the annual cap memorandum and the statute's amendment history as fixing the number available for each cycle.
Could the Arkansas Lottery show draw results on retailer monitors and market games as keno or bingo?
Showing draw results on retailer monitors was generally permissible. A game's title alone did not decide whether it was authorized, drawing frequency was for Lottery Commission rules, and a state lott…
Are unsolicited complaints about Arkansas public employees subject to release under FOIA?
They may be. The AG treated unsolicited complaints as personnel records and said the custodian had to balance any more-than-minimal privacy interest against the public interest, with disclosure favore…
Did the Arkansas AG approve the ballot title to repeal the state's marriage amendment?
Yes, with revisions. The AG approved the popular name as submitted and rewrote the ballot title to explain Amendment 83, the continued statutory ban then in place, and the legislature's restored autho…
Why did the Arkansas AG reject the corporate election-spending ballot measure?
The proposal both tried to prohibit corporate election spending and called for a federal amendment authorizing such a ban, creating an internal conflict. Other wording also misstated court holdings an…
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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.