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…
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…
Can the subject of an Arkansas workplace investigation get the unredacted memo and emails about the complaint against her?
Yes, for the records reviewed. The AG said the respondent could receive the investigation memo and related emails without redactions. They were mixed records, but the memo was her evaluation record…
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…
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…
Does Washington County's 99-year, $1-per-month lease of land for veterans housing violate the Arkansas county-sale statute?
The AG concluded that A.C.A. § 14-16-105 does not apply to the county's 99-year lease because the statute expressly excludes leases. Article 12, § 5 still requires adequate consideration for a…
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…
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…
Can the Arkansas Public Defender Commission release suspension and termination letters about a former employee facing criminal charges?
Yes. The AG found the Arkansas Public Defender Commission's decision to release redacted suspension and termination letters and related emails consistent with the FOIA. He accepted the custodian's…
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…
Will the Arkansas AG say whether Act 372 covers cartoon depictions of minors, or only depictions of identifiable real children?
The AG declined to interpret Act 372 because pending litigation could directly affect the issue. Footnote 1 says the Act would take effect August 1, 2023, and footnote 2 cites the then-pending…
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…
What can an Arkansas city legally spend its general sales-tax money on, and what is off-limits?
The answers vary. A proposed hotel donation is prohibited, and payments for visiting basketball teams would likely violate the constitution absent adequate consideration. Paying a performer, buying…
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…
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…
Can an Arkansas school board hold a closed meeting to discuss responding to a ransomware attack?
No. The AG said a school board cannot close a meeting to discuss district cybersecurity, even if it records the session for later release. Consultants may email proposals for information only,…
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. §…
Can two Arkansas constables enter into an interlocal cooperation agreement for mutual law-enforcement aid?
No. The AG could not approve these two constables' proposed interlocal agreement because individual elected officials are not among the Act's defined public agencies. The opinion does not decide…
Why did the Arkansas AG reject the LEARNS Act referendum's second-draft ballot title?
The AG rejected the second draft because it left out summaries of LEARNS Act provisions and described others too vaguely. The opinion also flagged uncorrected drafting errors and a 6-point…
Can the Arkansas LE Standards Director refer an officer for decertification when the employing agency declines to do so?
Yes. The AG concluded that the Division director may request a decertification hearing for a still-employed officer when the employing agency declines to refer and the director has direct knowledge…
Can the City of Conway withhold all records of an internal investigation when the requester is the complainant himself?
No. The AG found Conway’s decision to withhold every record inconsistent with FOIA because at least some were the complaining officer’s own statements, which he was entitled to receive. The…
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…
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…
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…
Does an Arkansas community college instructor have to report overload pay separately, and should it be on a 1099?
The AG said the annual disclosure serves a different purpose from an overload contract, and reporting extra income does not require a 1099. The AG considered contractor status unlikely for the…
Can Arkansas redirect rice checkoff funds to a trade association that lobbies for the rice industry?
The AG did not decide whether a proposed rice-checkoff bill would be constitutional. The opinion identifies First Amendment government-speech and Arkansas public-purpose issues and suggests…
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…
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…
Can I carry a firearm in an Arkansas state park that sits on Army Corps of Engineers land?
Arkansas law generally permits carrying in a state park, subject to restrictions in publicly owned buildings and facilities. On Corps-managed property, the AG identified four federal exceptions: law…
Can a public agency refuse to release records because of who is asking, or what the requester might do with the records?
No. The AG said the requester's intent and motives are generally irrelevant when a custodian decides whether public records must be released. The officer's suspicion about this requester was not a…
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…
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…
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…
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…
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…
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…
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…
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…
Can a public agency release a list of state employees with names, salaries, and demographic data, but withhold birth dates?
Yes. The AG found OPM's plan to release the requested basic employee information while withholding birth dates consistent with the Arkansas FOIA. The opinion did not decide OPM's separate decision…
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 AG said Arkansas law does not require an appointed city council member to execute and file a duplicate oath. City officers still must take the constitutional oath; if an appointee fails to…
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…
Can a city add two extra members to a five-member utility commission by ordinance?
No. The AG concluded that a commission created under Ark. Code Ann. § 14-201-105 must have five commissioners, and a city cannot add two more by ordinance.
Can a former employee block release of her personnel file because the records are old, or because they contain her signature?
The AG said records do not become exempt because an agency kept them beyond the minimum retention period, and she saw no basis on the limited facts to depart from the usual rule against redacting…
Can a county use a sales tax dedicated to 'emergency services' to pay 911 dispatcher salaries?
The AG declined to decide whether Perry County may use its dedicated tax to pay 911 dispatchers. The answer depends on the levying ordinance and ballot title; the county must determine locally…
Can a school board hold a closed personnel meeting after the state takes over its personnel powers?
A board that lacks authority to consider any personnel matter listed in Arkansas FOIA’s executive-session exemption cannot use that exemption. The AG did not decide whether the Helena-West Helena…
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…
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…
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…
When a school district closes and is absorbed by another, what happens to the property tax millage residents were paying?
Under Arkansas law, the millage of a dissolved district remains at its prior rate when the territory is annexed or consolidated, until voters of the expanded district approve a change. The AG also…
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…
If my felony record was sealed or expunged in Arkansas, can I run for county judge or mayor?
Sealing or expungement generally restores eligibility to hold public office, but Ark. Code Ann. § 21-8-305 says it does not restore eligibility to file for, run for, or hold specified state and…
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…
Can a state agency release a roster of Executive Branch employees with names and salaries, but not their personnel ID numbers?
Yes. The AG said the Office of Personnel Management could release the requested names, jobs, departments, race, sex, employment dates, locations, and salaries while withholding employee…
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…
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…
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…
Did Woodruff County have a qualifying newspaper for statutory notices after its last printed newspaper ceased circulation?
On the facts supplied in 2022, Woodruff County had neither a newspaper of general circulation nor a legal newspaper. The opinion quotes posting alternatives in § 14-14-104(b) and § 16-3-101. For…
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…
Can Arkansas State Police release a former employee’s termination letter in response to a FOIA request?
The AG said the proposed redacted release of this ASP termination letter was likely consistent with FOIA. The first three conditions for releasing an employee-evaluation record appeared met, and the…
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…
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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.