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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Is an Arkansas church property tax exempt if part of the building is used as a retail coffee shop?
The Attorney General declined to answer. Whether the church property qualifies for a tax exemption depends on the burden of proof and standard of construction for tax exemptions, and those exact issue…
Who pays for an Arkansas circuit court's staff and expenses, the county or the state?
A circuit judge decides whether to hire a secretary, but the county quorum court sets that salary at a reasonable level and must fund the position; it cannot refuse to create it. Most circuit court ex…
Can the public get police Brady lists and misconduct records held by an Arkansas prosecutor under FOIA?
Mostly yes. A prosecutor's emails carrying police 'Brady' information are personnel records that can be released. Officer evaluation forms detailing misconduct are releasable only for officers who wer…
Can the public get a fired police officer's personnel file, internal affairs records, and termination letters under the Arkansas FOIA?
Mostly yes. A terminated police officer's routine personnel records and (because officers hold significant public trust) his internal affairs investigation and termination letters are releasable under…
Can Arkansas keep taking a person's state tax refund to pay old court fines, and what hearing rights apply?
Arkansas's income tax refund setoff can be used to collect court fines and fees with no statute of limitations, until the criminal judgment is satisfied. A debtor can request a hearing, but that heari…
What is the deadline to get a city form-of-government change on the Arkansas November 2026 ballot?
To place a change in Fort Smith's form of government on the November 3, 2026 ballot, the petition must reach the mayor and the resulting proclamation be filed with the county clerk by August 25, 2026 …
Are a public university employee's work text messages and emails public under the Arkansas FOIA?
Yes. The Attorney General concluded that a university employee's text messages and the emails discussing them are personnel records, and since nothing in them was intimate enough to be a clearly unwar…
Can the public get a fired government employee's personnel file and investigation report under the Arkansas FOIA?
Yes, mostly. Under the Arkansas FOIA, a public employee's personnel records must be disclosed with private details (Social Security number, contact info, financial data) redacted. The one investigatio…
How do you get a citizen initiative on the Arkansas ballot, and why does the AG reject proposed ballot titles?
The Attorney General rejected the proposed 'Medical Marijuana Patient Employment Protection Act.' The sponsor submitted no ballot title (which alone requires rejection), the text lacked the required e…
Does Arkansas Act 1002 stop a city historic district from regulating exterior changes to a county courthouse?
No. Act 1002 stops a city from enforcing its building and zoning regulations on county property used for a public purpose, but the AG concluded it does not touch the separate authority of a historic d…
Can Arkansas release an employee's personnel file if personal identifiers are redacted?
Yes. The Attorney General concluded that the Arkansas Department of Public Safety correctly classified the 16 requested records as personnel records that are open to the public, and that the custodian…
How should a police department handle FOIA release of complaints and medical info in an officer's file?
Partly. The Attorney General found the custodian's plan to release Rachael Kear's records with some redactions was only partially consistent with the FOIA. He said the custodian must look at the facts…
Can a city withhold a fired employee's termination letter and investigative file under Arkansas FOIA?
It depends, but likely yes. The AG could not review the actual records, so he could not confirm the custodian's classification or whether the firing was administratively final. But he explained the ru…
Can a police department release all of a fired officer's records without redacting anything under FOIA?
No. The Attorney General concluded that a blanket release of all the requester's personnel and evaluation records, with no redactions, would be inconsistent with the FOIA. Before releasing anything, t…
Can an Arkansas agency release a police officer's disciplinary suspension record under FOIA?
Yes. The Attorney General concluded that the 'Disciplinary Action' form was properly treated as an employee-evaluation record, and that the four conditions for releasing such records were met: the off…
When can an Arkansas sheriff's office release suspension letters from a deputy's personnel file under FOIA?
Partially consistent with FOIA. The administrative records and unsolicited third-party commendation letters are releasable with proper redactions. Supervisor commendations and promotion letters must b…
Which records in an Arkansas deputy sheriff's personnel file must be withheld from a FOIA request when there's been no final discipline?
Partially consistent with FOIA. The custodian may release the administrative records and unsolicited third-party commendation letters with proper redactions. The custodian must withhold the employee e…
Is joint custody the default in Arkansas child custody cases, and what did Act 604 of 2021 change?
Joint custody was not the default before Act 604. Act 1156 of 2013 made joint custody 'favored' in divorce but not presumed. Act 604 of 2021 imposed a rebuttable presumption that joint custody is in a…
After Arkansas Act 314 of 2025, can cities still plan and zone in unincorporated areas outside their corporate limits?
Cities lost ETJ planning and zoning authority. Act 314 of 2025 repealed § 14-56-413, eliminating municipal authority to plan or zone outside corporate limits. Previously-enacted ETJ ordinances may no …
When is the Arkansas annual school board election held, and how much advance notice does the public get?
Annual Arkansas school board elections are held on the first Tuesday after the first Monday in March, on the date of the preferential primary in even-numbered years. If that Tuesday falls on a state h…
Can Jacksonville, Arkansas dissolve the absorbed-but-still-dry Gray Township without going to the General Assembly?
No. Arkansas law has no mechanism for a defunct voting district like Gray Township to become fully wet (for on-premises and off-premises alcohol) without legislative action. Act 1018 of 2013 authorize…
Is a student complaint about a faculty member a personnel record (releasable) or an evaluation record (closed) under the Arkansas FOIA?
It depends on whether the student submitted the complaint on their own initiative or at the school's behest. An unsolicited complaint is a personnel record, generally releasable. A complaint solicited…
If a Fayetteville police lieutenant recorded my two-hour phone call about a citizen complaint and the city is withholding the audio as an 'employee evaluation,' is that legal under the Arkansas FOIA?
Probably partly. Without seeing the recording, the AG could not definitively rule, but the call sounds like a 'mixed record.' The portion not tied to investigating the citizen complaint is likely a pe…
When a corrections department employee's personnel file gets a FOIA request, are administrative records, promotion letters, and demotion letters all releasable, and how should email addresses and references' contact information be handled?
Mostly yes, with consistency fixes. Attorney General Tim Griffin concluded that all the records the Arkansas Department of Corrections planned to release for employee Danielle Conner, administrative r…
When a community supervision officer's personnel file gets a FOIA request, can the employer release it with redactions, and can private-sector references' contact information be redacted along with everything else?
Mostly yes, with adjustments. Attorney General Tim Griffin concluded the Arkansas Department of Corrections's decision to release Thelma Delancey's personnel records with redactions was largely consis…
Can an Arkansas city or county replace a retiring power plant with a wind project, and can it put a specific wind project up for a public vote?
No on both counts. AG Tim Griffin concluded that wind energy is statutorily defined as 'intermittent' and therefore cannot replace a 'dispatchable' generation facility being retired under A.C.A. § 23-…
Can an Arkansas charity give door-raffle prizes worth more than $100 to public-employee social workers at an event honoring their public service?
Probably not, at least not without risk. AG Tim Griffin concluded that random door-raffle prizes given to public-servant social workers at a 501(c) appreciation event are likely 'gifts' rather than st…
Can a justice of the peace bring a firearm into a quorum court meeting in Arkansas?
Open carry is out. AG Tim Griffin concluded that a justice of the peace may not openly carry a loaded firearm into a quorum court meeting held in a publicly owned building. Concealed carry is allowed …
Can the City of Little Rock ban all firearms at the Little Rock Zoo?
No. AG Tim Griffin concluded that the City Manager's no-exceptions firearms ban posted at the Little Rock Zoo violates A.C.A. § 14-54-1411, Arkansas's firearms-preemption statute. The Zoo is a municip…
Will the Arkansas Attorney General certify the proposed Natural Environment Amendment ballot measure for circulation, and what would the proponent need to fix?
Rejected. AG Tim Griffin would not certify the popular name and ballot title for the Natural Environment Amendment because the ballot title doesn't accurately summarize the measure's text, has interna…
Did the Arkansas Attorney General certify the popular name and ballot title for a proposed constitutional amendment that would abolish the office of constable?
Yes, with substituted language. Attorney General Tim Griffin substituted a more concise popular name ('The Constable Amendment of 2026') and a revised ballot title ('This is a proposed amendment to th…
When a Regional Intermodal Facility in Arkansas wants to award a public works contract, buy commodities, or sell off real or personal property, does the state procurement law apply to it the way it applies to a state agency?
No. Attorney General Tim Griffin concluded that Regional Intermodal Facilities are public corporations created by counties or municipalities, not state agencies, and the Arkansas Procurement Law does …
When a public employee's personnel records get a FOIA request, can the employee block release by objecting to the requester's motives or what the requester might do with the records?
No. Attorney General Tim Griffin concluded that under the Arkansas Freedom of Information Act, the requester's intent and motives are generally irrelevant to the custodian's release decision. Employee…
Did the Arkansas Attorney General eventually certify the ballot title for the four-year-term-of-office initiative for justices of the peace?
Yes, after the sponsor revised the proposal. AG Tim Griffin certified a substituted popular name and ballot title for David Dinwiddie's resubmitted initiated amendment to extend justice-of-the-peace t…
Can my Arkansas city withhold the entire internal affairs file on a police officer who was not disciplined?
Mostly yes, but not the routine call-for-service report inside it. AG Tim Griffin concluded that the City of Lowell was right to withhold the memorandums, reprimands, and most of the internal affairs …
Can my child's doctor refuse to give me my minor child's medical records in Arkansas?
Usually no, but there are two exceptions and one foster-care wrinkle. AG Tim Griffin concluded that under HIPAA and Arkansas law, parents and legal guardians normally have the right to access a minor …
Does an Arkansas sheriff's deputy's forced resignation count as a 'termination' for FOIA disclosure of misconduct records?
Yes. AG Tim Griffin concluded that a forced or coerced resignation, where the employee resigns 'in the face of certain, impending termination,' is treated as a 'constructive termination' that satisfie…
Are leave balances, vacation accruals, and PTO records of an Arkansas city fire department employee subject to release under FOIA?
Yes. AG Tim Griffin concluded that the City of Fayetteville's records custodian was right to release the leave-balance and accrual records for a fire department employee with one redaction. Payroll re…
Can my Arkansas city legally refuse a FOIA request for citizen complaints filed against a police officer who was not disciplined?
Mostly no. AG Tim Griffin concluded that the City of Bryant's refusal to release the complaint files was only partially correct. The internal investigation memorandums must be withheld as employee-eva…
After Arkansas Act 314 of 2025 ended extraterritorial planning jurisdiction, can a city still appoint planning commissioners who live outside the city limits?
Yes, but only when the older boundary still controls. AG Tim Griffin concluded that a municipality may still appoint up to one-third of its planning commission from electors who live outside city limi…
Why did the Arkansas Attorney General reject the proposed ballot title for changing justice-of-the-peace and constable terms from two years to four?
Because the ballot title described a December 31, 2026 cutoff date that was nowhere in the actual amendment text. AG Tim Griffin rejected the popular name and ballot title for David Dinwiddie's propos…
Can my city release a police officer's termination letter and internal affairs file to a FOIA requester in Arkansas?
Yes, in this case. AG Tim Griffin concluded that the City of Cabot's records custodian was right to classify Officer Son Le's termination letter, letter of reprimand, and internal affairs investigatio…
Can an Arkansas public school excuse a student during the school day to attend off-campus religious instruction with parental permission?
Yes, but with limits. AG Tim Griffin concluded that Arkansas school districts already have the authority under A.C.A. § 6-18-209(a) to adopt attendance policies allowing released time for off-campus r…
What can a city release when someone FOIAs the file of a recently fired employee, including the termination letter, internal emails, and a social worker's note?
Most of the file comes out, but not all. Routine grievance correspondence, supervisor statements, signed workplace policies, and similar documents are personnel records and must be released (with pers…
Does a postage-meter date stamp count as the postmark for proving an Arkansas property tax payment was mailed by the October 15 deadline?
No. Only an actual U.S. Postal Service postmark counts. A postage-meter date stamp shows when your office ran the envelope through the meter, not when USPS took custody. If your envelope reaches the c…
Can an Arkansas district court issue a writ of execution? Does a district court judgment automatically become a lien? Can a sheriff execute a writ from a court in another county or another state?
Yes, sometimes, and yes with conditions. District courts are courts of record in Arkansas and can issue writs of execution to enforce their own judgments. A district court judgment does NOT automatica…
Are emails sent by a justice of the peace or other elected county official public records under Arkansas FOIA, who is the custodian, and how long must they be kept?
Yes, generally. Emails between elected officials acting in their official capacity (such as justices of the peace) are typically public records subject to FOIA, but each email must be evaluated case b…
Can anyone (county collector, county court, or circuit court) waive the late penalty when a property tax payment arrives postmarked after October 15?
No. The 10% delinquency penalty under A.C.A. § 26-36-201 is mandatory and cannot be waived. The county tax collector has no discretion. Neither the county court (which has original jurisdiction over c…
Can a city council in Arkansas pass an ordinance the council had no legal power to pass, and if so, must the mayor still sign (authenticate) it? Can the council strip the mayor of authority to fire department heads?
Yes a council can pass an ultra vires ordinance, and the law treats it as 'de facto' (effective until a court strikes it down). The mayor still has to authenticate it: the authentication signature is …
Can a prosecutor's office release a 'Brady list' spreadsheet of officer misconduct, plus emails from law enforcement about Brady issues, to a FOIA requester?
Mostly yes, with care. The emails are personnel records and can come out (no clearly unwarranted privacy invasion). The Brady-list spreadsheets are evaluation records: officers who were suspended or t…
If a city or county gets a state report listing all businesses that remitted sales tax there, can a citizen FOIA that report? And can the city pass an ordinance keeping it secret?
No to both, but for different reasons. The list of businesses remitting sales and use tax is exempt from FOIA under the Tax Procedure Act's confidentiality clause for 'information pertaining to any ta…
Can Arkansas police arrest you for refusing to show ID outside of a traffic stop?
The Attorney General declined to answer. The same issue is on appeal in a Drew County criminal case (State v. White), and the AG's office does not opine on questions actively in litigation. Until a co…
Does an Arkansas city have to release records showing how much comp time its employees have accrued, and can a city council member make that FOIA request?
Yes to both. Comp time records are 'personnel records' under FOIA, similar to salary, sick leave, and vacation records, and they are presumptively releasable. The city must redact narrow personal info…
Can a police department release a FOIA-requested suspension report on three named officers when the officers themselves object?
Yes. Suspension reports that explain the basis for the suspension are employee-evaluation records. The four-part FOIA test is met here: the officers were suspended, the discipline is final, the report…
Can the Arkansas legislature pass a law merging Ouachita County's tax collector office into the county treasurer's office on January 1, 2026?
No. The Arkansas Constitution (Article 19, § 6) prohibits one person from holding two constitutional offices in the same department of government, with narrow exceptions that do not include treasurer …
Can the Arkansas State Police release internal-affairs witness statements, transcripts of interviews, and personal emails from a state trooper's personnel file?
Most of it, yes. Witness statements and interview transcripts in an internal affairs file that resulted in suspension are evaluation records that must be released because the four-part FOIA test is me…
When Pulaski County releases a fired employee's file (termination form, incident report, screenshots of text messages), what redactions are required?
The text messages are personnel records (subject to release with privacy redactions). The termination form and incident report are evaluation records and require the four-part FOIA test (suspension/te…
When the Department of Corrections releases a corrections major's personnel file (timesheets, signed policies, PREA forms, employment records, training certificates), what redactions are required and which are improper?
Most of the custodian's redactions are correct, but two corrections are needed: (1) the employee's AASIS personnel number must be redacted from one Administrative Directive form where it is currently …
When Pulaski County releases HR complaint records (exit interviews, employee complaints, HR responses, harassment investigation forms), how do you classify each piece, and what are the release rules?
Mixed. Detailed exit interviews about a supervisor are evaluation records. Routine forwarding emails by HR (passing along an employee complaint) are personnel records. HR replies that just provide com…
When an employee files a Discrimination and Harassment Complaint form on a county template, is that an evaluation record (which can be withheld) or a personnel record (which must be released)?
It depends on whether the employer directed the employee to complete the form. If yes ('at the behest of the employer'), it is an evaluation record and stays confidential unless the subject of the com…
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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.