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 a personnel record subject ask the AG to rule that her records are not actually responsive to a FOIA request?
The AG declined to opine. The scope of AG review under A.C.A. § 25-19-105(c)(3)(B)(i) does not extend to whether a custodian properly identified specific records as responsive to a FOIA request. The s…
Can the Washington County judge appoint himself to and chair quorum court committees of the whole?
Whether a county judge can appoint himself to a quorum court committee under A.C.A. § 14-14-904(d)(2)(A) is ambiguous and needs legislative clarification. Either way, committee meetings are not 'de fa…
Can the subject of an Arkansas workplace investigation get the unredacted memo and emails about the complaint against her?
Yes. The Respondent in an internal complaint investigation can obtain unredacted copies of the investigation memo (her evaluation record) and the related emails (mixed personnel records). A.C.A. § 25-…
Can current and former Rock Region METRO employees block release of their compensation data under Arkansas FOIA?
No. Names, hire dates, salaries, bonuses, overtime, gross wages, and position titles of current and former Rock Region METRO employees must be released under FOIA. The kind of information requested is…
Can a police officer block release of his promotion dates and photo because he suspects the FOIA requester wants to harass him?
No, the officer cannot block release. Under Arkansas FOIA, the requester's intent and motives are generally irrelevant when determining whether public records must be disclosed. The fact that Captain …
Does Washington County's 99-year, $1-per-month lease of land for veterans housing violate the Arkansas county-sale statute?
No. Washington County's 99-year lease of land to a private partnership for veterans housing is a lease, not a sale, and A.C.A. § 14-16-105 expressly excludes leases. The county-sale rules (sealed bids…
Can a sheriff's office release the Internal Review of a deputy who 'voluntarily' resigned just before being fired?
Yes. Sebastian County Sheriff's Office can release the Internal Review of former deputy Thomas Gage. A 'forced or coerced resignation' (resigning in the face of impending termination) operates as a co…
Does Arkansas's driver-license suspension law apply to non-epileptic seizure patients and to one-time DBS-surgery-caused seizures?
Yes to both questions. A.C.A. § 27-16-909 applies to all licensed drivers, including non-epileptic seizure patients and people who had a single seizure caused by Deep Brain Stimulation surgery. The Of…
Can the Arkansas Public Defender Commission release suspension and termination letters about a former employee facing criminal charges?
Yes. The Arkansas Public Defender Commission's decision to release a former employee's suspension letter, termination letter, and email correspondence (with personal contact information redacted) is c…
Can a public water utility release customer-usage data after stripping out names, or is the data itself confidential?
No. Even if you strip out names and addresses, customer-usage data from a public water system or municipally owned utility is itself exempt from Arkansas FOIA disclosure. The General Assembly listed c…
Will the Arkansas AG say whether Act 372 covers cartoon depictions of minors, or only depictions of identifiable real children?
The AG declined to answer. The question of whether Act 372 reaches cartoon or drawn depictions of minors (versus only depictions of real, identifiable children) was directly at issue in *Fayetteville …
Did the Arkansas AG approve the LEARNS Act referendum ballot title for circulation, and what's the catch?
The AG certified the LEARNS Act referendum's popular name and ballot title (third version, 8,154 words spanning 16 pages) because, by essentially copying every section of Act 237, it cannot be called …
What can an Arkansas city legally spend its general sales-tax money on, and what is off-limits?
Mostly no on the spending plans Representative Flowers asked about. Arkansas cities can use sales-tax revenue only for purposes authorized by the statute that allowed the tax and the local levying ins…
Can a former Arkansas Department of Education employee block release of his termination letter?
Yes, the termination letter must be released. When a termination letter includes the grounds for termination, it is classified as an employee evaluation. It must be disclosed if (1) the termination is…
When a workplace investigation produces interview notes about multiple employees, what is releasable under Arkansas FOIA?
Partly consistent. The interview question sheets in the ATRS workplace investigation are 'mixed records' (both personnel records of the interviewee and employee-evaluation records of the complainant o…
Can an Arkansas school board hold a closed meeting to discuss responding to a ransomware attack?
No. The Arkansas FOIA permits executive sessions only in four narrow categories (certain personnel matters, state licensing exam preparation, water-utility security, and child-maltreatment investigati…
Can the same Arkansan serve as both Justice of the Peace and town council member at the same time?
The dual-office statute the question asks about (A.C.A. § 14-14-1202(c)(3)(A)) bars JPs only from city councils, not town councils. But Article 7, § 53 of the Arkansas Constitution and A.C.A. § 14-14-…
Can two Arkansas constables enter into an interlocal cooperation agreement for mutual law-enforcement aid?
No. Individual elected constables are not 'public agencies' under A.C.A. § 25-20-103(1). The list of qualifying public agencies (school district, political subdivision, state or federal agency, water …
Why did the Arkansas AG reject the LEARNS Act referendum's second-draft ballot title?
Rejected. The second draft of the LEARNS Act referendum ballot title fails on multiple grounds: it omits summaries of numerous LEARNS Act provisions (vendor mandatory reporting, employment information…
Can the Arkansas LE Standards Director refer an officer for decertification when the employing agency declines to do so?
Yes. The Director of the Division of Law Enforcement Standards and Training has authority to request a decertification hearing for a commissioned law enforcement officer in Arkansas, even when the emp…
When do Arkansas laws passed in 2023 without an emergency clause take effect?
August 1, 2023. Acts of the 94th Arkansas General Assembly that lack an emergency clause or specified effective date take effect the day after the 90-day referendum petition window ends. The legislatu…
Can the City of Conway withhold all records of an internal investigation when the requester is the complainant himself?
No, the blanket withholding is inconsistent with FOIA. A police officer who filed a complaint against his department and chief made a FOIA request for the investigation records. Conway tried to withho…
What happens to Highfill's airport-related sales tax and bond obligations if the airport detaches from the city?
All three questions about Highfill's regional airport authority are answered by the Regional Airports Act and Act 769 of 2023. (Q1) After detachment, sales tax for bond payments is levied by city/airp…
Is Arkansas AG Opinion 89-230 (Horseshoe Bend improvement district) still good law?
Mostly still valid. Op. 89-230's first conclusion (the Horseshoe Bend Municipal Recreation Facilities Improvement District may transfer property to the City of Horseshoe Bend) is still sound, and the …
Does an Arkansas community college instructor have to report overload pay separately, and should it be on a 1099?
Yes to extra-income disclosure (the annual disclosure form is separate from the overload contract). And no, the income disclosure does not require a 1099. The 1099 question turns on independent-contra…
Can Arkansas redirect rice checkoff funds to a trade association that lobbies for the rice industry?
Possibly, but only with careful drafting. Senator Caldwell's question, whether legislation could let rice checkoff funds flow to a trade association for state-policy lobbying, raises two constitutiona…
What does it take to get a popular name and ballot title certified for an Arkansas statewide referendum, and why was the LEARNS Act referendum draft rejected?
Rejected. The popular name and ballot title for the LEARNS Act referendum failed because the draft did not tell voters that a 'for' vote approves the act and an 'against' vote rejects it. That structu…
Would consolidating Marvell-Elaine with surrounding Arkansas Delta school districts harm any desegregation effort?
No. The proposed involuntary consolidation of the Marvell-Elaine School District with one or more surrounding districts would not negatively impact any active desegregation effort. The Arkansas Depart…
Can I carry a firearm in an Arkansas state park that sits on Army Corps of Engineers land?
Two layers of law apply. State law generally lets you carry a firearm in an Arkansas state park outdoors, but bars carrying a loaded firearm in publicly-owned buildings (with several exceptions, inclu…
Can a public agency refuse to release records because of who is asking, or what the requester might do with the records?
No. Under the Arkansas FOIA, the requester's motives or intended use of the records are generally irrelevant to the custodian's disclosure decision. An officer-subject's suspicion about who is asking …
When the only Arkansas greyhound-racing franchise stops conducting races, where does the casino-tax revenue earmarked for greyhound purses go?
The 17.5% of casino tax revenue that Amendment 100 reserves for racing purses can only go to a 'Franchise holder' that is actually 'operating' its franchise. If Southland Greyhound Park has stopped ra…
When can law enforcement seize coin-operated amusement machines as illegal gambling devices in Arkansas?
No, no, and no. The 'Chuck E. Cheese law' (A.C.A. § 26-57-401 et seq.) does not exempt every device with no automatic payoff and prizes under $5; many other conditions must be met. A device that fully…
Can a county justice of the peace serve on a school board at the same time?
No, if the terms overlap. The Arkansas Constitution (art. 7, § 53) and statute (A.C.A. § 14-14-115) bar a sitting justice of the peace from being elected or appointed to a 'civil office' during the te…
When two officers were terminated for misconduct, can the police department release their full IA files to a public records requester?
Yes. The Conway Police Department's decision to release internal-affairs files for two officers who were terminated based on those files is consistent with the Arkansas FOIA. The four-part test for di…
Can a police department withhold a third-party recording of an officer's private call from a public records release?
The Conway Police Department may withhold the audio recording of a private spousal phone call (and its transcript) from a public release of an internal-affairs file because the recording is a personne…
Can a city attorney 'retire' for one minute, collect a pension, and immediately go back to work in the same elected office?
Probably not, in the way the Crossett city attorney attempted it. He sent a resignation letter on December 29, 2022, was sworn back in on January 1, 2023, and tried to start collecting pension benefit…
What happens when the winner of a city election had withdrawn from the race before votes were counted?
Two answers. First, when a candidate withdraws after the ballot is certified but before the election and still wins the race, that creates a 'vacancy in election' under A.C.A. § 7-5-315(b), not a 'vac…
Can a state constitutional officer pay one employee above the line-item salary cap as long as the total payroll stays within the office's overall appropriation?
No. A constitutional officer cannot pay any individual employee more than the line-item salary appropriation set by the General Assembly, even if the office's total payroll stays under its aggregate c…
Can a public agency release a list of state employees with names, salaries, and demographic data, but withhold birth dates?
Yes. The Office of Personnel Management may release the requested basic public-employee information (names, titles, departments, race, gender, full-time/part-time status, location, hire/termination da…
Does an appointed city council member have to file a duplicate oath of office the same way that a state officer commissioned by the Governor does?
No. The Arkansas Code contains no provision requiring an appointed city council member to execute and file a duplicate oath of office. The constitutional oath under Ark. Const. art. 19, § 20 is requir…
Can the public request to inspect or copy voted ballots after an election under the Arkansas FOIA?
No. A voted ballot is not open to public inspection or copying under the Arkansas FOIA. The exemption is in A.C.A. § 25-19-105(b)(27)(A): ballots, other than sample ballots, are not deemed open to the…
Can a city add two extra members to a five-member utility commission by ordinance?
No. A utility commission established by a first-class city under A.C.A. § 14-201-105 to operate the city's waterworks and/or electric light plant must have exactly five members. The statute mandates '…
Can a former employee block release of her personnel file because the records are old, or because they contain her signature?
Two objections rejected. First, age of records is not a FOIA exemption. The Arkansas General Records Retention Schedule sets MINIMUM retention periods; agencies may keep records longer. As long as a r…
Can a county use a sales tax dedicated to 'emergency services' to pay 911 dispatcher salaries?
It depends on the language of the levying ordinance and the ballot title approved by Perry County voters in November 2020. The Arkansas Constitution (art. 16, § 11) prohibits using tax revenue for any…
When the state takes over a Level V school district's personnel authority, can the local school board still go into closed executive session?
If a governing body lacks authority to consider any of the personnel matters that may properly be considered in executive session, then it cannot legally hold a closed meeting under the FOIA's personn…
Can the state release a list of executive branch employees with names, salaries, and demographic data, while withholding personnel ID numbers?
Yes. The Office of Personnel Management's decision to release records on Executive Branch employees (names, titles, departments, race, gender, full/part-time status, location, hire/termination dates, …
Can an Arkansas constable join the state employees' retirement system, and can a state employee accrue extra retirement credit for serving as a constable?
No on both. A constable cannot be a member of the Arkansas Public Employees Retirement System (APERS), paid or unpaid, because constables are township officers, not employees of a 'participating publi…
Can a city allow its police officers to bank more than 90 days of sick leave?
Yes. A.C.A. § 14-52-107 lets municipal law enforcement officers accumulate up to 60 days of sick leave by default, with no upper cap if the city authorizes more by ordinance. So Prairie Grove's ordina…
When a school district closes and is absorbed by another, what happens to the property tax millage residents were paying?
Yes, the millage transfers to the receiving district. When a school district is dissolved and annexed to or consolidated with another district under Arkansas law, the existing millage rate stays in pl…
How is the 2,000-foot residency limit measured for an Arkansas Level 3 or Level 4 sex offender, and does a homeschool group or church camp count as a school or youth center?
A homeschool group meeting weekly at a church is NOT a 'private elementary or secondary school' for purposes of Ark. Code Ann. § 5-14-128, so it does not trigger the 2,000-foot residency restriction o…
If my felony record was sealed or expunged in Arkansas, can I run for county judge or mayor?
Generally, sealing or expungement restores your eligibility to hold public office in Arkansas, but a 2019 statute (Ark. Code Ann. § 21-8-305) carves out a major exception: if your conviction was a 'pu…
Can Department of the Military employees block release of their basic personnel data when included in a statewide Executive Branch employee export?
No. The custodian's decision to release records on Arkansas Department of the Military (ADOM) employees, including each employee's full name, title, department/agency, race, sex, full-time/part-time s…
Can a state agency release a roster of Executive Branch employees with names and salaries, but not their personnel ID numbers?
Yes. The Office of Personnel Management's decision to release Executive Branch employee data (full name, title, department, race, sex, full/part-time status, location, hire/termination dates, gross sa…
Can pharmacy benefits managers or insulin manufacturers be sued under Arkansas's Unfair Practices Act over insulin rebates?
No answer. The AG declined to issue an opinion on whether insulin rebates received by pharmacy benefits managers or pharmaceutical manufacturers in Arkansas can violate the Arkansas Unfair Practices A…
When does the Arkansas FOIA require disclosure of a state police officer's employee-evaluation records, and what gets redacted?
Yes. The ASP custodian's decision to release the officer's two disciplinary files (2005 and 2007) as redacted is generally consistent with the FOIA. Employee-evaluation records may only be released wh…
Can an online-only news site publish official legal notices in Arkansas?
Generally no. Online-only news outlets cannot publish statutorily required legal notices in Arkansas because the legal-newspaper statute requires a printed publication with a second-class mailing priv…
If our Arkansas county lost its print newspaper, can we publish required legal notices online or just post in public places?
On these facts, Woodruff County has neither a newspaper of general circulation nor a legal newspaper. The county must use the statutory posting fallback: three public places designated by ordinance fo…
What can an Arkansas county do to publish legal notices when its only remaining newspaper is online or barely circulated?
Whether a publication qualifies as a 'newspaper of general circulation' is a fact question Arkansas courts decide using the Williamson v. Nixon test (substance of content, not size). The AG could not …
Can the Arkansas State Police release a former trooper's termination letter under FOIA when the misconduct involves departmental rules?
Yes. The Arkansas State Police's decision to release a former trooper's termination letter detailing the policy violations that led to discharge is consistent with the Arkansas FOIA. Misconduct by swo…
Can a school board's letter recommending the superintendent's termination be withheld from a FOIA request as an unresolved personnel matter?
Yes, while it remains pending. The Sheridan School Board's letter recommending the superintendent's termination is an 'employee evaluation or job performance record' under Arkansas FOIA. Until there i…
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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.