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 City of Benton legally redirect 60% of a voter-approved 1-mill firefighter pension tax into the city's general fund?
A court would likely find that Benton's 1982 redirection of 0.6 mills from the voter-approved 1-mill fire pension property tax to the city's general fund is an illegal exaction under Article 16,…
What kind of entity are Arkansas's new used-tire programs and tire accountability boards, and do FOIA, procurement, and interlocal-agreement rules apply to them?
The four new Used Tire Programs and their tire accountability boards are political subdivisions for most legal purposes, and state agencies for procurement-law purposes. They have implied authority…
Are Arkansas constitutional officers like the Governor, Auditor, and Treasurer subject to the state's general budgeting and procurement laws?
Constitutional offices (Governor, Lieutenant Governor, Auditor, Treasurer, Attorney General, Secretary of State, Land Commissioner) are generally not 'agencies' under Arkansas's General Accounting…
Can third-party groups create their own voter registration form with electronic signatures, and submit them to Arkansas county clerks?
An electronic signature satisfies Amendment 51's signature requirement for Arkansas voter registration. But the registration form itself must be the official mail voter registration application form…
Can the public see the investigation report and termination paperwork for an Arkansas school superintendent who resigned during a misconduct investigation?
The investigation report, termination notice letter, resignation letter, and the superintendent's attorney letter are all properly disclosable under FOIA. The four-part test for evaluation records…
What remedies might let a newly elected volunteer fire department board access county tax revenue in a bank account?
The remedies depend on why Gepp Volunteer Fire Department’s new board cannot access county sales-tax funds. A bank-contract dispute is a private matter outside this opinion. If former signatories…
What standards does the Arkansas AG apply when reviewing a proposed initiated constitutional amendment, and why was the 2024 recreational marijuana ballot title rejected?
The AG rejected the proposed 'Arkansas Recreational Marijuana Amendment of 2024.' Defects included impermissible incorporation by reference of statutes (violating the full-text requirement),…
In Arkansas, can a motor vehicle leasing company that is a subsidiary of an automaker lease vehicles directly to Arkansas consumers without going through a franchised dealer?
An Arkansas leasing company that is affiliated with an automaker can lease directly to Arkansas consumers only if it is genuinely independent of the manufacturer, not an officer, agent, or…
In Arkansas, can a city council force the city's Advertising and Promotion Commission to keep funding the convention center, or does the commission have sole authority over how A&P tax dollars are spent?
An Arkansas city's Advertising and Promotion Commission has sole authority over how A&P tax revenue is spent. The commission can choose among several uses listed in A.C.A. § 26-75-606 (advertising,…
Can an Arkansas state agency contract with a private business that requires a COVID-19 vaccine or face mask to receive its services?
Generally yes. Arkansas's COVID-19 vaccine ban (A.C.A. § 20-7-146(c)) and mask ban (A.C.A. § 20-7-144(c)) restrict state agencies, not private businesses they contract with. But if a state agency…
When an Arkansas county treasurer resigns mid-term, who declares the vacancy, who appoints a replacement, how long does the appointee serve, and can the resigning treasurer run for another county office?
The quorum court declares a county treasurer vacancy and appoints a replacement. In the circumstances presented, the appointee serves until a successor elected at the next general election begins…
What changes did the Arkansas Attorney General make to the proposed ballot title for the 2024 amendment that would have repealed the Pope County casino license and required local voter approval for new casinos?
The AG substituted and certified a popular name and ballot title for a proposed amendment that would remove Pope County casino authorization and require a county vote for certain future licenses. He…
Can an Arkansas city sign a 25-year lease with a financial institution for a building, then sublease most of it to a private college, without violating the Arkansas Constitution's restrictions on aid to private entities and on multi-year debt?
The AG did not decide whether the proposed contracts were constitutional. He said adequate consideration would address one concern, the Amendment 78 lease question was unclear, a court might find no…
Can a memorandum about why a county prosecutor's employee resigned be released under Arkansas FOIA, especially when the former employee says she resigned voluntarily and is now running for the same county prosecutor's office?
Whether a memorandum describing a Benton County Prosecutor's Office employee's departure can be released depends on whether her resignation was forced (a 'constructive termination') or voluntary. If…
Can Arkansas release a fired forensic chemist's termination letters and personnel records, and what personal information must be redacted before disclosure?
The AG found the custodian's planned release of this former crime lab chemist's termination letters and other records consistent with Arkansas FOIA, with specified personal information redacted.…
When can an Arkansas city release records about a police officer's termination, including the termination letter, written reprimands, and internal affairs files?
The AG found a termination letter withheld properly because the officer’s grievance was pending. One reprimand likely amounted to a suspension, but its administrative finality was unknown; the other…
Why did the Arkansas Attorney General reject the first version of the proposed amendment that would have repealed the Pope County casino license and required local voter approval for new casinos?
The AG rejected the submitted popular name and ballot title because the proposed amendment incorporated special-election statutes by citation, leaving their content out of the full text and title.…
What education requirements did Arkansas certify for the proposed 2024 Educational Rights Amendment ballot title?
The AG substituted and certified a title describing identical academic and accreditation standards for schools receiving specified state or local support, including certain tax credits and…
Did the Arkansas AG certify the third version of the proposed 2024 medical marijuana amendment that would have expanded Amendment 98 with health-care-practitioner certification, home cultivation, and contingent adult-use authority?
The AG certified the proposed ballot title as submitted. It describes changes to medical-marijuana certification and patient cultivation, adult possession of up to one ounce, and adult-use sales by…
Can a school district release records about a teacher and assistant principal terminated after a complaint of inappropriate communication with a student, including interview notes, text messages, and the parent's complaint letter?
On the facts and records reviewed, the AG said disclosure of interview notes and a parent’s letter appeared consistent with FOIA. He treated compelling public interest as a fact question and noted…
Why did Arkansas reject the ballot title for a proposed tobacco excise-tax repeal?
The sponsor submitted identical popular-name and ballot-title text, leaving no independent summary for the AG to revise. The AG also identified omissions about affected programs and cigarette-paper…
How does the Arkansas Attorney General review the ballot title and popular name of an initiated constitutional amendment, and what changes did the AG make to the 'Arkansas Medical Cannabis Amendment of 2024' before certifying it?
The Arkansas AG substituted and certified a revised popular name and ballot title for an initiated constitutional amendment proposing to expand Arkansas's medical marijuana program. Key changes:…
Why did the Arkansas Attorney General reject the proposed amendment that would have changed how the AG reviews ballot titles and limited who can challenge ballot titles in court?
The AG rejected David Couch's proposed amendment to amend Arkansas's initiative and referendum process because the text was ambiguous about (1) who could challenge ballot title sufficiency in court…
Can a city release police misconduct termination records and bodycam footage when officers have appealed terminations to the city council and a criminal investigation is ongoing?
The AG did not decide which requested records to release because the city had not classified them or stated its release decision. He said the facts suggest at least one officer's termination was not…
Can an Arkansas school district redact employees' names associated with disputes in records released under FOIA?
For the entries the AG reviewed, no. A person's name and dispute type did not evaluate job performance or create more than a minimal privacy interest. The AG found the district's personnel and…
Why did Arkansas reject the ballot title for the proposed 2024 Educational Rights Amendment?
The AG found the proposed ballot title misleading by omission and rejected it. The measure did not make clear whether the state would supply school resources directly or fund schools to obtain them,…
Did the Arkansas AG certify a 2024 ballot title to lower the antique-tag eligibility age for vehicles from 45 years to 25 years?
After rejecting five prior versions, the AG substituted and certified a workable popular name ('The Arkansas Historic or Special Interest Vehicle Act of 2024') and ballot title for an initiated act…
Did the Arkansas AG certify a popular name and ballot title for the citizen-initiated Arkansas Government Transparency Amendment in 2024?
Yes. The Attorney General substituted and certified a popular name and ballot title for the proposed amendment, replacing 'The Arkansas Government Transparency Amendment' with 'The Arkansas…
Can a public agency release nonelected employees' names alongside their salaries under Arkansas FOIA?
Yes. Names of nonelected public employees, paired with their job positions and salary information, are personnel records under Arkansas FOIA. Release does not constitute a 'clearly unwarranted…
Can a city release a former police officer's termination letter under Arkansas FOIA when the officer objects?
Yes, on the facts supplied to the AG. The letter explained the officer's termination, which the opinion said was administratively final; the AG found all four conditions for releasing an…
Did the Arkansas AG certify the ballot title for the Arkansas Government Disclosure Act of 2024?
Yes. The AG substituted and certified the popular name 'The Arkansas Government Disclosure Act of 2024' and a detailed ballot title. He cautioned that the measure's length and complexity could make…
Can a county release an internal-investigation report and termination form for a fired county employee under Arkansas FOIA?
Yes, both records (the internal-investigation report and the termination form) are properly classified as employee-evaluation records and may be released, but only if the termination is…
Why did the Arkansas AG reject the 2024 Medical Cannabis Amendment ballot title?
The AG rejected the proposed amendment because: (1) it included an enacting clause that only initiated acts (not constitutional amendments) require; (2) the new advertising-restriction language was…
Why did the Arkansas AG reject the second version of the Arkansas Government Transparency Act ballot title?
The AG rejected the proposed popular name and ballot title because the measure contained a misleading provision that the proposed ballot title also summarized. The opinion directs the sponsors to…
Why did the Arkansas AG reject the Arkansas Government Openness Act ballot title in January 2024?
The AG rejected this submission because a misleading provision in the proposed act was also summarized in its ballot title. He incorporated Opinion 2024-009 for the analysis and instructed the…
Why did the Arkansas AG reject the Arkansas Government Disclosure Act ballot title in January 2024?
The AG rejected this submission because a misleading provision in the proposed act was also summarized in its ballot title. He incorporated Opinion 2024-009 for the analysis and instructed the…
Why did the Arkansas AG reject the Open Meetings and Open Records in State and Local Government Act ballot title?
The AG rejected this proposed popular name and ballot title because a misleading provision in the act was also summarized in the title. He incorporated Opinion 2024-009 for the analysis and…
Why did the Arkansas AG reject the Arkansas Government Transparency Act ballot title in January 2024?
The AG rejected the proposed popular name and ballot title because the act contained a 'preemptive repeal' clause: it would automatically repeal any future legislation enacted after January 1, 2024…
Does Arkansas Act 393 of 2023 require Medicaid to cover continuous glucose monitors only as a pharmacy benefit?
No. Act 393 of 2023 requires Arkansas Medicaid to allow eligible beneficiaries to obtain continuous glucose monitors through a pharmacy as a pharmacy benefit, but it does not prevent Medicaid from…
Did the Arkansas AG certify the popular name and ballot title for the Arkansas Government Openness Amendment in 2024?
Yes. For this submission, the AG replaced the proposed 'Government Openness Amendment' name with 'The Arkansas Government Disclosure Amendment of 2024' and substituted a ballot title. He certified…
Did the AR AG certify the popular name and ballot title for the Arkansas Government Disclosure Amendment?
Yes. Notably, the AG certified the submitted popular name 'The Arkansas Government Disclosure Amendment' as submitted (after correcting the typo 'Disclsoure' to 'Disclosure') and substituted only…
Did the AR AG certify the popular name and ballot title for the Open Meetings and Open Records in State and Local Government Amendment?
Yes. The AG substituted and certified a popular name and ballot title for this proposed amendment. The certified name is 'The Open Meetings and Open Records in State and Local Government Amendment.'…
Did the Arkansas AG certify the popular name and ballot title for the 2024 Arkansas Abortion Amendment?
Yes. The AG substituted and certified the popular name 'Arkansas Abortion Amendment of 2024' and rewrote the ballot title to include (1) a clarification that 18 weeks of fetal age equals…
Can a school district withhold a teacher's letter of suspension because the suspension is not yet final?
It depends. A letter of suspension is generally a personnel record subject to the Young v. Rice balancing test. But if the suspension is disciplinary (initiated because the employer believes the…
Why did the Arkansas AG reject the citizen-initiated act lowering the antique-vehicle-tag age threshold from 45 to 25 years?
The AG rejected the proposed popular name and ballot title because the text wrongly described existing law as a 'requirement to obtain Antique Tags.' Antique tags are discretionary, not required.…
Why did the Arkansas AG reject the proposed 2024 Educational Rights Amendment?
The AG rejected the proposed popular name and ballot title. He found a First Amendment problem with identical standards for publicly funded schools, several vague terms, and a conflict between the…
Why did the Arkansas AG reject the proposed 2024 hand-marked paper ballots constitutional amendment?
The AG rejected the proposed popular name and ballot title because the disabled-voter definition relied on statutory definitions that were not set out in the measure. The cross-references obscured a…
Did the Arkansas AG certify the proposed 2024 Absentee Voting Amendment?
Yes. The AG substituted the popular name (the original was so long it read like a second ballot title) to 'The Absentee Voting Amendment of 2024' and substituted the ballot title to add several…
Why did the Arkansas AG reject the December 2023 first version of the Arkansas Government Transparency Act?
The AG rejected the December 2023 first submission of the proposed Arkansas Government Transparency Act because it contained provisions that were clearly unconstitutional (e.g., procedural rules…
Why did the Arkansas AG reject the December 2023 Government Openness Act ballot title (BT-4)?
Same rejection as Opinion 2023-127. BT-4 parallel submission under 'The Arkansas Government Openness Act.' Eventually certified in Opinion 2024-020 after redrafting.
Why did the Arkansas AG reject the BT-3 proposed initiated act ballot title?
The AG rejected the BT-3 popular name and ballot title for the shared problem explained in Opinion 2023-127. He instructed the sponsors to redesign the proposed initiated act, popular name, and…
Why did the Arkansas AG reject the December 2023 Open Meetings and Open Records Act ballot title (BT-2)?
The AG rejected the BT-2 popular name and ballot title for the problem explained in Opinion 2023-127, which he incorporated by reference. He instructed the sponsors to redesign the initiated act,…
Why did the Arkansas AG reject the December 2023 Government Transparency Act ballot title?
The AG rejected the popular name and ballot title because the proposed text would have radically curtailed existing FOIA notification rights for public employees while the ballot title summarized…
Why did the Arkansas AG reject the December 2023 Government Openness Amendment ballot title (BT-4)?
The AG rejected the BT-4 popular name and ballot title. He identified unclear key terms, absence of the measure's full text, and a ballot-title clause describing something absent from the measure.…
Why did the Arkansas AG reject the December 2023 Government Disclosure Amendment ballot title (BT-3)?
The AG rejected the BT-3 popular name and ballot title. He identified three shared defects: unclear key terms, absence of the full text, and a ballot-title clause describing something absent from…
Why did the Arkansas AG reject the December 2023 Open Meetings and Open Records State and Local Government Amendment ballot title?
The AG rejected the proposed popular name and ballot title labeled BT-2. He identified unclear key terms, absence of the measure's full text, and a ballot-title clause that described something…
Why did the Arkansas AG reject the December 2023 Government Transparency Amendment ballot title (BT-1)?
The AG rejected the proposed popular name and BT-1 ballot title. The measure left key terms undefined, appeared to incorporate existing law without setting out its full text, and the ballot title…
Did Arkansas's AG certify Dinwiddie's fourth attempt at an initiated act lowering the antique vehicle registration age from 45 to 25 years?
Rejected. Dinwiddie's fourth attempt to lower the antique-vehicle threshold from 45 to 25 years had two new defects: the popular name and ballot title used 'automobile' (a broader term) while the…
Do Arkansas planning and development districts, area agencies on aging, and community health agencies have to follow the state ban on COVID-19 vaccine mandates?
It depends on whether the entity is a 'political subdivision' under Acts 4 and 10 of 2023's First Extraordinary Session. Planning and development districts likely are political subdivisions and so…
Can a Fayetteville city attorney release a former police officer's personnel action sheet and termination letter under FOIA when the officer objects to release?
Yes. The custodian's decision to release both the personnel action sheet (a personnel record) and the termination letter (an employee-evaluation record meeting all four release elements) is…
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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.