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 city council pass an ordinance that takes professional-services contracting away from the mayor and gives it to a city engineer or city council vote?
Probably not. State law gives the mayor exclusive authority to negotiate and execute city contracts, so an ordinance shifting that power to a city engineer or letting the council reject and rewrite th…
Does Little Rock have to release a list of every city employee's name, salary, job title, and full/part-time status if a citizen asks for it?
Yes. Basic public employment information (name, salary, job title, department, full/part-time status, hours) is a personnel record and is open to inspection under FOIA. The AG had said this many times…
Are the salaries of city employees public information that anyone can request?
Yes. Public employee base salary is a personnel record under FOIA, and the AG has consistently said its release rarely meets the 'clearly unwarranted invasion of personal privacy' threshold. Tax withh…
Can the City of Beebe release a year's worth of suspension and termination records under FOIA without running afoul of personnel record privacy?
On the face of the records, yes. The AG could not verify each underlying determination but said the decision to release the suspension/termination records appeared not inconsistent with FOIA. One hand…
Can an urban renewal agency tear down a building the city has condemned, even if the agency does not own the property?
Probably only if the agency is acting in concert with the city through some cooperative arrangement. The agency itself has no independent power to order or carry out demolition. Cities have that power…
When my personnel file gets requested under FOIA, can the records custodian forget to redact things like my employee ID number?
The custodian's redactions were mostly correct, but the AG flagged at least two pages where the employee personnel number was missed. Personnel numbers function as computer-security identifiers and ar…
When can Arkansas police and police from a bordering state work together legally, and what does the AG actually approve when looking at an interlocal agreement?
The AG approves the form, not the policy. Under § 25-20-104(f)(1) the AG checks that the agreement is in proper form and compatible with Arkansas law. Texarkana, AR and Texarkana, TX got approval here…
Can my old job application and resume become public records when I take a job with a county government, and what about my private-sector salary history?
Yes, the application and resume are personnel records that are mostly disclosable. The AG flagged one carve-out: the resume's prior private-employer salary history is highly personal financial informa…
When a special election has only one unopposed candidate, does the county election board still need to print ballots and run polls, or can they certify the candidate after filing closes?
Under § 7-11-107, the more specific special-election statute, an unopposed candidate can be certified without running a full election. But the board must still wait until after the date set in the Gov…
When a juvenile is adjudicated delinquent for a serious offense, can a prosecutor send the disposition info to the school district without violating the juvenile's privacy laws?
Yes. Act 647 of 2019 (Ark. Code Ann. § 6-10-133) requires the prosecuting attorney to notify the school superintendent. The 'no release in violation of privacy laws' caveat in § 6-10-133(d) restrains …
If somebody owes personal property taxes in Arkansas and then sells the property, does the tax lien follow the property to the new owner?
Yes. Under Ark. Code Ann. § 26-34-101 the tax lien attaches when the property is assessed and follows the property through subsequent sales. Even a buyer in the ordinary course of business probably do…
Once a personal-property tax lien attaches in Arkansas, does it follow the property if it gets sold to someone else, including aircraft buyers?
Yes. Section 26-34-101 makes personal property tax liens follow the property through subsequent sales. For aircraft, the lien must be filed with the FAA's recordation system to keep its priority again…
When my application is FOIA-released, do they need to redact my ZIP code and any unexplained number next to my name?
Yes. The AG flagged two missed redactions: the ZIP code (a component of 'home address' under § 25-19-105(b)(13)) and any unexplained number that may be the personnel number (exempt as a computer-secur…
Can an Arkansas mayor draw both an APERS pension for service as mayor AND the separate mayor's retirement under § 24-12-123?
Almost certainly not. Several Arkansas statutes bar drawing benefits from APERS and the local § 24-12-123 plan for the same service period. The mayor likely had to elect one or the other within 90 day…
Are an Arkansas teacher's employment contract, license, termination recommendation letter, and resignation letter all releasable under FOIA when someone requests the file?
Contracts and licensure certificates: yes (with redactions). Termination recommendation letter: depends on whether it details performance (evaluation record) or just states the recommendation (personn…
How do I get the AG to actually rule on whether the sheriff's office can release my employment records, instead of just laying out the legal test?
By submitting the actual records and the custodian's specific determinations. Without those, the AG can only set out the legal framework. The substantive answer to whether the records can be released …
If I applied for a public job and never got hired, can I block the city from releasing my application under FOIA?
The AG declined to opine because applicants who have not been hired are neither 'personnel' nor 'employees,' so their applications are not 'personnel records' that the AG can review under § 25-19-105(…
Does the urban renewal statute let an Arkansas urban renewal agency demolish a building, and does the agency need to own it first?
Yes, the term 'clearance' in § 14-169-601 includes razing of property the agency has acquired, and 'necessary or convenient' under § 14-169-705 includes demolition. But unlike cities, urban renewal ag…
Can a former police officer block release of internal investigation records related to his 2013 sexual misconduct termination, even six years later?
No. The AG concluded the four-part test for releasing employee-evaluation records was met: he was terminated, the discipline was final, the records formed a basis, and there was a compelling public in…
Is the new Arkansas law letting school districts drug-test teachers and applicants likely to survive a constitutional challenge?
Probably yes, on its face. Act 323 of 2019 lets school districts adopt drug-testing policies; the AG concluded a facial Fourth Amendment challenge would be hard to win because federal courts are reluc…
When a school district considers not renewing a teacher's contract, are the related records evaluation records or personnel records, and does discussing them in an open hearing make them releasable?
It depends on content. A nonrenewal letter is not automatically an evaluation record; it only is if it details performance. And discussion in a public meeting does not convert exempt records into disc…
Can a homeless shelter or other nonprofit in Arkansas keep its zero-tolerance drug policy under the state's medical marijuana law?
The medical marijuana amendment generally lets a nonprofit "in lawful possession of property" refuse to allow guests to use marijuana on the premises or admit visitors who are inebriated from medical …
How did Arkansas Act 1077 of 2019 change the way a fire department converts to a fire protection district?
Act 1077 made the conversion almost automatic. The fire department's governing body files a petition; the quorum court has 60 days to grant it; and there is no public hearing requirement and no need t…
Can a 17-year-old in Arkansas file to run for justice of the peace if they will turn 18 before taking office?
Yes. A minor's name can appear on the ballot if the minor will be 18 at the time of taking office. The candidate becomes a "qualified elector" at age 18, but Ark. Code Ann. § 7-5-207 lets a candidate …
Can a public-university employee block release of complaints made about him by saying disclosure would be embarrassing or that there's no compelling public interest?
No. "Harmful and embarrassing" is not the test for releasing personnel records under the Arkansas FOIA. "Compelling public interest" applies only to employee-evaluation records, not personnel records.…
Can a former University of Arkansas at Pine Bluff employee block release of complaints she made against coworkers?
No. Unsolicited complaints filed by an employee are personnel records of both the complainer and the person complained about. The AG concluded that releasing them would not be a clearly unwarranted in…
When an Arkansas school employee disputes the district's decision to classify complaints as personnel records (not evaluation records), can the AG resolve it?
Not when the dispute is factual. The AG could not say whether complaints about a Bryant School District employee were created "at the behest of the employer to evaluate" the employee. That is a factua…
Can a former Arkansas school employee block release of his personnel file when an FOIA requester asks for grievances, suspension letters, and termination records?
The AG could not give a definitive answer because he had not seen the actual records the custodian was prepared to release. But the requester's motives and the subject's privacy and harassment objecti…
Can a Little Rock police officer block release of his personnel file under the Arkansas FOIA?
No. The AG concluded that the LRPD officer's personnel records were properly classified, the redactions were appropriate, and the privacy-balancing test did not tip in favor of withholding. The office…
When a sewer utility asks a public water utility for customer billing information in Arkansas, does the water utility have to comply, and can it charge a fee?
The water utility must turn over customer information within 15 days of any change. The notification is ongoing, not a one-time request. The utility can probably charge a fee, but the statute is uncle…
Can a county rural development authority in Arkansas own or operate a hospital?
Yes, after Act 830 of 2019. The act expanded the definition of a Rural Development Authority "project" to include healthcare facilities, so a Sevier County RDA could acquire, own, and operate a hospit…
Can an Arkansas city or county charge residents a flat fee to fund ambulance and emergency medical services?
Counties can, under Ark. Code Ann. § 20-13-305, but only after notice, a public hearing, and an opportunity for a referendum. Cities cannot impose a per-resident EMS fee. Cities and counties can joint…
When an Arkansas school district investigates and suspends an employee for misconduct involving a student, can the district withhold the investigative records by saying there's no compelling public interest?
Likely no. The AG concluded the public has a compelling interest in disclosure when the conduct occurred during school hours and affected a student. Even when the employee holds no leadership role, th…
Can the Arkansas Public Employees Retirement System sue to recover overpayments to deceased retirees without waiving the State's sovereign immunity?
The answer is uncertain after the 2018 *Andrews* decision. Older cases said the State could be the moving party in court without waiving immunity, but *Andrews* held the General Assembly cannot waive …
Can a sitting Arkansas county coroner run for re-election to a school board seat in the middle of his coroner term?
No. Article 7, section 53 of the Arkansas Constitution bars a person elected as coroner from being elected or appointed to a school board during his term as coroner. The fact that the school board sea…
Can a retired Little Rock city employee block disclosure of his personnel file by claiming the request is meant to embarrass him?
No. Retired status is not a basis to refuse a FOIA request, and the requester's motive is generally irrelevant. The custodian's release decision was nearly correct, but additional redactions (date of …
When do acts of the 2019 Arkansas General Assembly that don't have an emergency clause take effect?
July 24, 2019 for almost all of them. The single exception is Act 1092, which became effective July 30, 2019, because the Senate took it up on the day of sine die adjournment, pushing its 90-day clock…
Can a city in Arkansas tell its employees they cannot keep a firearm in their locked car parked at city hall?
No. State law preempts a city from regulating firearms beyond what state law allows. Concealed-carry license holders may keep their handguns in locked, unattended vehicles in publicly owned parking lo…
Does Arkansas's 100% disabled veteran property tax exemption cover fees and assessments charged by a suburban improvement district?
No. The exemption in Ark. Code Ann. § 26-3-306 covers "state taxes" on the homestead, not special assessments for local improvements. The Arkansas Supreme Court drew the line in *Bensberg v. Parker* (…
Can a local Arkansas K-12 school administrator or employee also serve on the board of trustees of a state university?
A qualified yes. The Arkansas Constitution, statutes, and the common-law doctrine of incompatibility do not generally bar local school employees from serving on a state college or university board of …
Can someone with an enhanced concealed-carry license bring a handgun into a city park or state office building in Arkansas?
Yes, without criminal liability under § 5-73-122. But the entity that controls the property can post no-weapons entryway signs under § 5-73-306(18) to bar even enhanced license holders, except for sta…
What does the Arkansas Attorney General have to find before approving an interlocal agreement under the Arkansas Interlocal Cooperation Act?
The AG approved an interlocal cooperation agreement between the Arkansas Department of Information Systems and the Oklahoma Information Services Division of the Office of Management and Enterprise Ser…
Can the subject of an Arkansas FOIA request for police-internal-affairs records block their release based on requester noncitizenship, requester motive, or a record-keeping statute?
The AG could not opine definitively on the merits because she had not seen the records. But she said the reasons Mr. Arthur (a former police chief) gave for objecting to release of three Springdale Po…
Can an Arkansas state legislator earn income from a contract with a Metropolitan Planning Organization that is funded by an Arkansas Economic Development District?
Yes, with caveats. The AG concluded that Article 5, section 10 of the Arkansas Constitution did not bar the arrangement because an MPO is not a 'civil office under this State,' and the state-agency co…
Can a city release a former police chief's personnel and disciplinary records under the Arkansas FOIA when the chief objects on the ground that the file was already produced to the press?
The AG concluded the City of Tontitown's custodian had correctly applied the FOIA to a request for former police chief Kris Arthur's personnel file. The records were properly classified as personnel o…
Can a city release a former employee's disciplinary records under the Arkansas FOIA when the employee objects?
The AG concluded the City of Marianna's custodian could release two disciplinary records of a former employee in response to a FOIA request. The four-part test for employee-evaluation records was met:…
Can the Arkansas General Assembly move functions, divisions, or revenue from the Department of Transportation to a different agency?
It depends. The AG concluded that the General Assembly is constitutionally barred by Amendment 42 from transferring the Highway Commission's administrative control over the Arkansas Department of Tran…
On an Arkansas county construction project, can the construction manager also serve as the general contractor without competitive bidding?
No, when project costs exceed $35,000. The AG concluded that Ark. Code Ann. § 19-11-801 prohibits competitive bidding for selecting a construction manager, but the public works law (Ark. Code Ann. § 2…
Is the special language in Arkansas Act 274 of 2014, which let ADEQ recover post-closure landfill costs, unconstitutional logrolling under the one-subject rule?
The AG declined to opine on the merits because the $18 fee was actually imposed by a court order, and longstanding AG-office practice avoids second-guessing facially valid court orders. The opinion di…
Can an Arkansas suburban improvement district issue building permits, enforce zoning, or fight nuisances like a city or county can?
No. The AG concluded that an Arkansas suburban improvement district has no police power and therefore cannot promulgate rules, impose penalties, or take official action on building permits, structural…
If a married couple are both disabled veterans living in separate homes in different counties, can each one claim a separate disabled-veteran property tax exemption?
No. The AG concluded that Ark. Code Ann. § 26-3-306 lets a disabled veteran exempt 'the homestead' (one) from property tax, regardless of marital status or how the property is titled. The definite art…
When a nonprofit fire department converts to an Arkansas fire protection district, which statutory procedures must the county follow?
When a nonprofit fire department petitioned to convert to a fire protection district under Ark. Code Ann. § 14-284-226, the AG concluded the county had to follow the procedures in subchapter 2 of chap…
Does the Arkansas Constitution's right-to-bear-arms clause give Arkansans broader gun rights than the Second Amendment?
The AG declined to answer. Article 2, section 5 of the Arkansas Constitution has barely been interpreted by Arkansas appellate courts since the 1800s, and the AG concluded that any opinion on its mode…
When the custodian asks the AG to decide whether interview statements are an employee's personnel record or another employee's evaluation record, can the AG make that classification?
The AG declined to opine. The City of Little Rock's FOIA Coordinator was uncertain whether interview statements taken during an internal harassment investigation belonged in the complainant's personne…
Is a school district's decision to withhold employee-evaluation records under the Arkansas FOIA proper when the employee was never suspended or terminated?
Yes. The North Little Rock School District's records custodian classified the records as employee-evaluation records and withheld them because the four-part test for release was not met. The AG conclu…
When the records custodian is unsure whether a UAMS research-misconduct report is a personnel or evaluation record, can the AG opine on whether the FOIA release is proper?
The AG declined to issue a definitive opinion. Her review under § 25-19-105(c)(3)(B)(i) is triggered only after the custodian first classifies a record as either a personnel record or an employee-eval…
If a city mayor wrote a termination memo for a public works director but later rescinded the termination, can the memo still be released under the Arkansas FOIA?
It depends on a fact question the AG could not resolve. The City of Cave Springs proposed to release a termination memo from its former mayor regarding the Public Works Department manager. The memo wa…
If a university employee resigned, can his personnel and employee-evaluation records still be released under the Arkansas FOIA?
The AG declined to opine on the substance because she had not been provided the actual records and could not act as a fact-finder. But she flagged a key dispositive issue: if the employee actually res…
How does the Arkansas Attorney General decide whether to certify the popular name and ballot title of a proposed citizens redistricting amendment?
The AG certified the popular name and ballot title for a proposed Arkansas constitutional amendment that would create a seven-member citizens redistricting commission appointed by legislative leaders,…
Can a third party named in another employee's personnel file block release under the Arkansas FOIA based on embarrassment or potential slander?
No. Lisa Balencia objected to release of an Arkansas Department of Veterans Affairs document that mentioned her name in a former employee's FOIA-released personnel file. The AG concluded that the port…
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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.