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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Does the Arkansas Military Department have to pay C-Step and Youth Challenge teachers the new minimum salaries in the current fiscal year, or do the increases wait for future budgets?
Future budgets. The AG concluded the budget calculation requirement in Act 1177 of 2015 applies to future fiscal-year budgets, not the current one, because Act 1177 took effect after the Military Depa…
Can an Arkansas agriculture school formed under the 2015 pilot program detach from its existing district, qualify for school funding, and operate with both a Governor-appointed board and a local elected board?
Partly. The AG concluded the Act 1286 exemptions allow detachment but the school must still meet all other formation requirements; consolidation rules under Act 377 still apply (with waivers possible)…
If a Arkansas police officer or firefighter in the LOPFI DROP loses his job early, can he transfer to another LOPFI-covered position?
No. The AG concluded a LOPFI DROP participant whose employment ends, voluntarily or involuntarily, cannot transfer to another LOPFI-covered position. The DROP statute deliberately excludes DROP partic…
Can Mary Berry's proposed Arkansas Cannabis Amendment qualify for the ballot through the AG certification process?
Not on this first draft. The AG rejected Mary Berry's initial Arkansas Cannabis Amendment because of ambiguities in the proposal's text. Berry resubmitted twice more (Opinions 2016-006 and 2016-012), …
Can Arkansas civilly enforce the Deceptive Trade Practices Act against Native American tribes that lend money to Arkansans at usurious rates?
The AG declined to answer. Questions 1, 3, and 4 were in active litigation in State of Arkansas v. Western Sky Financial, and her office does not opine on pending matters. Question 2 was a pure questi…
Can an Arkansas former employee block release of her personnel file by simply objecting that it is an invasion of privacy?
Not without saying more. The AG explained that a blanket objection to release of a personnel record, with no specific documents or arguments identified, is not enough to overcome a redacted release ap…
Why did the Arkansas AG reject the 2016 Arkansas Medical Marijuana Amendment's popular name and ballot title?
The AG rejected the proposed popular name and ballot title because the underlying constitutional amendment had so many internal ambiguities that no ballot title could honestly summarize it for voters.…
Did the Arkansas AG approve the 2016 ballot proposal to change county offices, JPs, and constables from two-year to four-year terms?
Yes, with grammatical changes. The AG certified a revised popular name and ballot title for a proposed constitutional amendment that would lengthen terms of office for County Judge, JP, Sheriff, Colle…
How long must an Arkansas county elected official wait before returning to APERS-covered work after the DROP period ends?
The AG concluded that an elected county official who entered the APERS DROP in June 2009 had to be off work for at least 90 days after terminating covered employment before returning to a position cov…
Can an Arkansas county solid waste authority donate a building it bought with sales tax money to another local government entity?
The AG concluded that an Arkansas solid waste authority has statutory authority to dispose of its property, including by donation, when doing so is necessary, convenient, or desirable to carry out its…
How many days does an Arkansas FOIA custodian have to produce digital records like text messages, voicemails, or files on a work computer?
Custodians generally had three business days under Arkansas FOIA to produce a nonexempt record if it was in active use or storage. The AG concluded that most electronic files, including computer docum…
Can someone in Arkansas run for justice of the peace and constable, or for county treasurer and constable, in the same election?
Yes, under the AG's reading of Ark. Code Ann. § 7-5-111. That statute bars a person from running for more than one 'state, county, or municipal office' in the same election, but constable is a townshi…
If an Arkansas school board member moves out of their election zone but stays in the school district, do they automatically lose their seat?
The AG concluded no. Arkansas law required residency in a single-member zone for school board candidacy, but not for continued service. A board member who moved out of their zone during a term could k…
What disqualifies a paid ballot canvasser in Arkansas from passing a criminal background check, and how old can the offense be?
Under Ark. Code Ann. § 7-9-601 as amended by Act 1219 of 2015, a paid canvasser fails the background check if the Arkansas State Police record shows a guilty plea, no-contest plea, or conviction for a…
Can a disabled veteran in Arkansas get a refund of property taxes paid before the VA disability award came through?
Under the Arkansas law in effect from 2010 through 2012, no. The AG concluded that eligibility for the disabled-veteran homestead and personal property tax exemption was fixed as of the first Monday o…
Why did the Arkansas AG reject Mary Berry's third cannabis legalization ballot title in 2015?
The AG rejected the third Arkansas Cannabis Amendment submission for ten new categories of ambiguity. Among other things, Section 5 was unclear on whether the prohibition referred to a substance or it…
Can an Arkansas city publish only the one-page ordinance in the newspaper and skip the long attachment, to save money?
Generally no. The AG concluded that Arkansas cities had to publish the full text of any ordinance of a general or permanent nature, including all attachments and exhibits, in a local newspaper. The on…
Did Act 573 of 2015 actually change how Arkansas counties value off-premises billboards for property tax, and could the rest of the Act survive if one section is struck?
The AG declined to answer the property-tax-valuation questions because the Arkansas Assessment Coordination Department, not the AG, advises county assessors on property-valuation statutes. On the seve…
Can an Arkansas non-management state employee run as an independent candidate for a county or city office?
Generally yes. Arkansas law expressly protects the right of state, county, municipal, and school-district employees to run for elective office. The only meaningful federal restriction is the Hatch Act…
Did Arkansas voters get to consider a proposed amendment cutting the number of legislatively referred constitutional amendments from three to one?
Yes, the AG certified the ballot title for the 'Little Red Hen' proposal but rewrote the popular name. The sponsor's version said the amendment cut the number of amendments 'allowed the General Assemb…
Can a school district refuse to release a successful applicant's job application and resume under Arkansas FOIA as a personnel-records privacy invasion?
Likely not. The AG concluded that the Pine Bluff School District's decision to withhold the successful applicant's job application and resume for the Executive Director of Operations position was prob…
Could the Fort Smith Police Department release records of a sexual harassment internal investigation after redacting the complaining officer's identity?
Yes, with additional redactions. The AG concluded the records were employee-evaluation records of the supervisor accused of harassment, and they had to be released because the four-part test was met: …
Why did the Arkansas AG reject Mary Berry's second cannabis legalization ballot title in 2015?
On the second submission, the AG again rejected the proposed Arkansas Cannabis Amendment. The proposal still had ambiguities about whether the amendment would override Arkansas DWI law for marijuana-i…
Can the Arkansas DHS release personnel records about a current employee under FOIA when the documents contain information that formed the basis for an adverse employment action?
The AG split the question. Most of the attorney's specific questions were outside the scope of FOIA review under § 25-19-105(c)(3); the AG can only opine on whether the custodian's release decision is…
Why did the Arkansas AG reject Mary Berry's first cannabis legalization ballot title in 2015?
The AG rejected the proposed Arkansas Cannabis Amendment popular name and ballot title because the underlying proposal had several internal ambiguities, including unclear zoning and licensing language…
Can a public health center release a former employee's basic employment status record under Arkansas FOIA?
Yes. The AG reviewed the one-page record (a print-out of the employer's database showing standard employment information like hire date, separation date, and conditions of separation) and concluded it…
Do Arkansas state agencies have to turn over unclaimed property to the Auditor of State just like private companies do?
Generally yes. The AG concluded that the Arkansas Unclaimed Property Act applies to state agencies, boards, commissions, and political subdivisions because the Act's definition of 'person' includes go…
Why did the Arkansas AG rewrite the popular name for the proposed 'reduce 3 to 1' constitutional amendment limit on legislatively-referred amendments?
The sponsor's revised popular name said the amendment would reduce 'the number of constitutional amendments allowed the General Assembly' under Article 19, Section 22. The AG concluded that wording wa…
When relatives of a deceased person in Arkansas refuse or can't afford burial, can the county pay for it?
Yes, in defined circumstances. The AG concluded an Arkansas county can lawfully order and pay for the burial or cremation of an unclaimed body. Under the Final Disposition Rights Act and the Unclaimed…
Does Arkansas require veterinarians to form a corporation before getting a license, and is the Veterinary Medical Examining Board allowed to charge an annual review fee?
No to the first; yes to the second. Forming a corporation is not a prerequisite to obtaining a license to practice veterinary medicine in Arkansas. But a license is a prerequisite to engaging in the c…
Do Arkansas cities lose fines collected on offenses in their corporate limits when state troopers use electronic tickets, and how do cities get their share when the city has no district court?
The AG concluded that electronic tickets do not change how fines are distributed; e-tickets are an alternative to paper, not a different legal channel. Arkansas Code §§ 16-17-1201 and 16-17-1203 requi…
Can a former Arkansas public employee block release of his personnel file under FOIA just by calling it a privacy invasion?
Not on a blanket objection alone. The AG reviewed the file and concluded most documents were personnel records that could be released, plus one record that was an employee-evaluation record whose rele…
Can Arkansas county sales tax dollars dedicated to detention facilities pay for a district court, and can the county treasurer take a commission on economic-development pass-through funds?
The AG declined to answer the first question because it required fact-intensive interpretation of a local ordinance. On the second, the AG concluded that a county treasurer may not collect a commissio…
Can an Arkansas city police chief serve as an interim city manager at the same time?
Statutorily, yes; under the common-law incompatibility doctrine, probably no in most cases. The full-time-employment requirement that applies to a permanent city manager does not apply to an acting ci…
Can an Arkansas county get state reimbursement for a juvenile probation officer salary even when two different officers each held the position less than a year?
The AG concluded the answer was likely yes. When two certified officers between them filled the same full-time position for a full year and the county paid the full year's salary, the county likely qu…
Did the Arkansas AG certify the Little Red Hen Committee's proposed constitutional amendment to limit legislatively-referred amendments to one per session?
Yes, but only after rewriting the popular name and ballot title. The AG substituted 'Reducing Constitutional Amendments Proposed by the General Assembly Under Article 19, Section 22 of the Arkansas Co…
Can a departing Arkansas constitutional officer sign a multi-year contract that binds the next person to hold that office?
The AG declined to give a universal yes or no. As a general rule, a public officer's contracting authority is limited to the officer's own term. But Arkansas Supreme Court precedent allows contracts t…
Did the Arkansas AG certify the proposed Self-Defense, Weapons Carry, and Public Safety Amendment?
No. The AG rejected both the popular name and the ballot title. The phrases 'self-defense' and 'public safety' were ruled to be inviting catch-words that gave the voter a built-in conclusion rather th…
Does the carve-out in Ark. Code Ann. § 21-5-406(e)(3)(C) exempt every SEBCO benefit from state oversight, or only the specific plan as it existed on July 1, 1995?
Only the specific 1995 plan. The Executive Director of the Employee Benefits Division can supervise any SEBCO product or plan that was not part of the benefit plan in effect on July 1, 1995. If SEBCO …
Does Arkansas Act 137 of 2015 invalidate the SOGI nondiscrimination ordinances passed by Little Rock, Fayetteville, Hot Springs, Eureka Springs, and Pulaski County?
Yes, in the AG's view. Act 137 expressly preempts the field of antidiscrimination law and bars any city or county from prohibiting discrimination on a basis not already in state law. Because Arkansas …
Can the Arkansas State Police release the internal-affairs investigation file of a former recruit when the events are 15 years old?
No, in the AG's view. The records were employee-evaluation records that met three of the four required elements for disclosure (the employee was terminated, the termination was final, and the records …
Is a niece-in-law a 'relative' under Arkansas's state-agency anti-nepotism statute?
No. The statute (Ark. Code Ann. § 25-16-1001(3)) exhaustively defines 'relative' using the word 'means,' which Arkansas courts read as an enumerated, closed list. The list includes 18 specific relatio…
Can an Arkansas city council member also serve as the city's volunteer fire chief?
It depends on whether the fire chief is a 'volunteer firefighter' within the meaning of Ark. Code Ann. § 14-42-115. The statute permits a volunteer firefighter to serve on the city council and receive…
Did Arkansas Act 746 of 2013 legalize open carry of a handgun without a concealed-carry license?
Largely yes, in the AG's reading. After Act 746, mere possession of a handgun on the person or in a vehicle is not the crime of 'carrying a weapon' under § 5-73-120(a). The crime requires possession p…
What salary threshold triggers executive and legislative approval for an Arkansas state agency hiring a constitutional officer's spouse after the state pay plan was overhauled in 2009?
The threshold was $37,649, the salary that corresponded to old Level 4, Grade 13 just before the 2009 pay-plan reorganization. The Department of Finance and Administration had used that figure consist…
Does the Arkansas Scholarship Lottery Act's ban on the lottery 'issuing bonds' stop the lottery office from running a self-bonding pool for retailers?
No. The statute's bond prohibition refers to debt instruments, not to performance or surety bonds, so the lottery office could adopt a rule pooling retailer fees in place of surety bonds.
When did acts of the 2015 First Extraordinary Session of the Arkansas General Assembly take effect if they carried no emergency clause and no specified effective date?
August 27, 2015. The session adjourned sine die on May 28, 2015. Counting ninety full days from the day after adjournment (the standard 91st-day rule under Amendment 7) made the effective date August …
Did the Arkansas AG approve the 'Curtail Amendments' ballot title for the 2016 measure limiting the legislature to one proposed constitutional amendment per session?
No. The AG rejected the proposal for ambiguities, including unclear language about whether legislative amendments would need a 'heading' or 'ballot title,' who would write or approve it, and a mislead…
Can the Arkansas Workers' Compensation Commission have its surplus trust fund money invested in securities other than certificates of deposit?
Yes, but only during the FY2016 window that the AWCC's 2015 appropriation act opened. The special language in Act 969 of 2015 displaced the usual rule that the State Treasurer first park surplus trust…
Did the Arkansas AG certify the popular name and ballot title for the proposed 2016 amendment shortening legislative term limits?
Yes for the popular name. The AG substituted and certified a revised ballot title that more precisely described the proposed cap of ten years of total General Assembly service and the repeal of Amendm…
Are Arkansas fifth-grade, sixth-grade, and 'encore' art and music teachers, whose class roster changes through the day, entitled to the same per-teacher classroom funding their grade-level colleagues receive?
Yes. Under Ark. Code Ann. § 6-21-303(b), every pre-K through sixth-grade teacher gets the greater of $20 per student enrolled more than half the day or a flat $500 for the year, so teachers whose clas…
In Arkansas, can a justice of the peace who is willing to perform some civil marriages refuse to officiate same-sex weddings on religious grounds?
The AG said it depends on how an Arkansas court would interpret the new state Religious Freedom Restoration Act and on whether the JP is acting as a civil official or as a registered minister. JPs are…
Can an Arkansas city pass a blanket ordinance permanently exempting itself from the Shielded Outdoor Lighting Act's requirement that public funds be used only for shielded outdoor light fixtures?
No to a blank exemption. The AG said any cost-prohibitive exemption ordinance under the Shielded Outdoor Lighting Act must reflect the cost analysis the statute requires, and the AG flagged most other…
Did the Arkansas AG certify a popular name and revised ballot title for the proposed Campaign Finance Act of 2016 disclosure initiative?
Yes. On the sponsor's revised submission, the AG certified both the popular name 'The Campaign Finance Act of 2016' and the ballot title as submitted, while flagging that complex measures face higher …
Did the Arkansas AG approve the 'End Cannabis Prohibition' ballot title for the 2016 initiated constitutional amendment?
No. The AG rejected the proposal for ambiguities, including a definition of 'hemp' missing its main verb, an internal inconsistency between the broad legalization clause and the narrower regulation cl…
How does a burial association in Arkansas legally dissolve, and what role does the Burial Association Board play in the dissolution or merger process?
The dissolution path depends on whether the association is incorporated and under which nonprofit-corporation act. The Burial Association Board has no clear statutory authority to regulate dissolution…
Under the 2015 amendments to Arkansas's Public School Choice Act, what does a school district have to do to claim a desegregation-related exemption, and does the Department of Education review that claim?
A district must immediately submit proof from a federal court that it has a genuine conflict with an active desegregation order or plan. The Department of Education does not have statutory authority t…
Who appoints the Director of the Arkansas Department of Parks and Tourism: the State Parks Commission or the Governor?
Both have a role. The AG read all three relevant statutes harmoniously: the Commission nominates (or submits candidates), the Governor approves the nominee, and the Senate then consents under § 25-13-…
When the Arkansas Chief Justice is absent or unable to serve, how is an acting Chief Justice selected, and is the statutory seniority rule consistent with Amendment 80?
Yes, the two provisions can be read harmoniously. Both restrict the pool of acting-Chief-Justice candidates to the remaining elected associate Justices, and Ark. Code Ann. § 16-10-101(d) further speci…
Are records of police internal-affairs investigations that led to suspension of currently employed officers subject to release under the Arkansas FOIA?
Yes, as a general matter. The AG opined that internal-affairs records of police officers are employee-evaluation records and must be released when the four statutory disclosure conditions are met, inc…
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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.