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 the City of Benton legally redirect 60% of a voter-approved 1-mill firefighter pension tax into the city's general fund?
A court would likely find that Benton's 1982 redirection of 0.6 mills from the voter-approved 1-mill fire pension property tax to the city's general fund is an illegal exaction under Article 16, Secti…
What kind of entity are Arkansas's new used-tire programs and tire accountability boards, and do FOIA, procurement, and interlocal-agreement rules apply to them?
The four new Used Tire Programs and their tire accountability boards are political subdivisions for most legal purposes, and state agencies for procurement-law purposes. They have implied authority to…
Are Arkansas constitutional officers like the Governor, Auditor, and Treasurer subject to the state's general budgeting and procurement laws?
Constitutional offices (Governor, Lieutenant Governor, Auditor, Treasurer, Attorney General, Secretary of State, Land Commissioner) are generally not 'agencies' under Arkansas's General Accounting and…
Can third-party groups create their own voter registration form with electronic signatures, and submit them to Arkansas county clerks?
An electronic signature satisfies Amendment 51's signature requirement for Arkansas voter registration. But the registration form itself must be the official mail voter registration application form c…
Can the public see the investigation report and termination paperwork for an Arkansas school superintendent who resigned during a misconduct investigation?
The investigation report, termination notice letter, resignation letter, and the superintendent's attorney letter are all properly disclosable under FOIA. The four-part test for evaluation records is …
If old volunteer fire department board members and a bank refuse to release pension funds to a newly elected board, what legal remedies are available?
If a newly elected volunteer fire department board cannot access tax-funded bank accounts because previous board members refuse to relinquish control, three legal remedies may be available depending o…
What standards does the Arkansas AG apply when reviewing a proposed initiated constitutional amendment, and why was the 2024 recreational marijuana ballot title rejected?
The AG rejected the proposed 'Arkansas Recreational Marijuana Amendment of 2024.' Defects included impermissible incorporation by reference of statutes (violating the full-text requirement), ambiguity…
In Arkansas, can a motor vehicle leasing company that is a subsidiary of an automaker lease vehicles directly to Arkansas consumers without going through a franchised dealer?
An Arkansas leasing company that is affiliated with an automaker can lease directly to Arkansas consumers only if it is genuinely independent of the manufacturer, not an officer, agent, or representat…
In Arkansas, can a city council force the city's Advertising and Promotion Commission to keep funding the convention center, or does the commission have sole authority over how A&P tax dollars are spent?
An Arkansas city's Advertising and Promotion Commission has sole authority over how A&P tax revenue is spent. The commission can choose among several uses listed in A.C.A. § 26-75-606 (advertising, co…
Can an Arkansas state agency contract with a private business that requires a COVID-19 vaccine or face mask to receive its services?
Generally yes. Arkansas's COVID-19 vaccine ban (A.C.A. § 20-7-146(c)) and mask ban (A.C.A. § 20-7-144(c)) restrict state agencies, not private businesses they contract with. But if a state agency inte…
When an Arkansas county treasurer resigns mid-term, who declares the vacancy, who appoints a replacement, how long does the appointee serve, and can the resigning treasurer run for another county office?
When an Arkansas county elective office becomes vacant, the quorum court (not the Governor) declares the vacancy and appoints a successor. The appointee serves until the next general election if the v…
What changes did the Arkansas Attorney General make to the proposed ballot title for the 2024 amendment that would have repealed the Pope County casino license and required local voter approval for new casinos?
The AG substituted and certified a revised popular name and ballot title for an initiated constitutional amendment that would have repealed the Pope County casino license under Amendment 100 and requi…
Can an Arkansas city sign a 25-year lease with a financial institution for a building, then sublease most of it to a private college, without violating the Arkansas Constitution's restrictions on aid to private entities and on multi-year debt?
Generally yes, with caveats. An Arkansas city's 25-year lease with a financial institution combined with a sublease to a private college does not automatically violate the constitution if the lease is…
Can a memorandum about why a county prosecutor's employee resigned be released under Arkansas FOIA, especially when the former employee says she resigned voluntarily and is now running for the same county prosecutor's office?
Whether a memorandum describing a Benton County Prosecutor's Office employee's departure can be released depends on whether her resignation was forced (a 'constructive termination') or voluntary. If f…
Can Arkansas release a fired forensic chemist's termination letters and personnel records, and what personal information must be redacted before disclosure?
An Arkansas records custodian can release the termination letters of a fired Arkansas State Crime Lab forensic chemist, plus the rest of the personnel file with appropriate redactions. Termination let…
When can an Arkansas city release records about a police officer's termination, including the termination letter, written reprimands, and internal affairs files?
Under the Arkansas FOIA's employee-evaluation exception, a police termination letter cannot be released while the employee's grievance is still pending (no administrative finality). A written repriman…
Why did the Arkansas Attorney General reject the first version of the proposed amendment that would have repealed the Pope County casino license and required local voter approval for new casinos?
The AG rejected the first version of the proposed Pope County casino-repeal amendment because it incorporated state statutes (A.C.A. §§ 7-11-201 et seq. and 7-11-301 et seq.) into the constitution by …
What does the certified 'Arkansas Educational Rights Amendment of 2024' ballot title say about how voucher schools must meet the same standards as public schools?
After two prior rejections (Opinions 2023-131 and 2024-019), the AG substituted and certified a popular name 'The Arkansas Educational Rights Amendment of 2024' and a detailed ballot title. The amendm…
Did the Arkansas AG certify the third version of the proposed 2024 medical marijuana amendment that would have expanded Amendment 98 with health-care-practitioner certification, home cultivation, and contingent adult-use authority?
After two prior reviews (Opinions 2024-014 and 2024-028), the AG certified the third version of the proposed 'Arkansas Medical Marijuana Amendment of 2024' as submitted, with no further substitutions.…
Can a school district release records about a teacher and assistant principal terminated after a complaint of inappropriate communication with a student, including interview notes, text messages, and the parent's complaint letter?
Russellville School District's decision to release interview notes, text messages, and the student's mother's complaint letter related to the termination of an assistant principal/teacher for alleged …
Why did the Arkansas Attorney General reject the proposed ballot title to repeal additional tobacco excise taxes beyond the Tobacco Products Act of 1977?
The AG rejected David Dinwiddie's proposed initiated act to repeal additional tobacco excise taxes (beyond those imposed by the 1977 Tobacco Products Act). The 'ballot title' was identical to the popu…
How does the Arkansas Attorney General review the ballot title and popular name of an initiated constitutional amendment, and what changes did the AG make to the 'Arkansas Medical Cannabis Amendment of 2024' before certifying it?
The Arkansas AG substituted and certified a revised popular name and ballot title for an initiated constitutional amendment proposing to expand Arkansas's medical marijuana program. Key changes: repla…
Why did the Arkansas Attorney General reject the proposed amendment that would have changed how the AG reviews ballot titles and limited who can challenge ballot titles in court?
The AG rejected David Couch's proposed amendment to amend Arkansas's initiative and referendum process because the text was ambiguous about (1) who could challenge ballot title sufficiency in court (o…
Can a city release police misconduct termination records and bodycam footage when officers have appealed terminations to the city council and a criminal investigation is ongoing?
When a city has fired officers for police misconduct and the officers have appealed to the city council (which can overrule by two-thirds vote), the terminations are not 'administratively final' under…
Can a school district in Arkansas redact people's names from settlement agreements and law-firm invoices under the FOIA's personnel-record or employee-evaluation exceptions?
The Vilonia School District improperly redacted information from settlement agreements and law-firm invoices under FOIA's personnel-record (§ 25-19-105(b)(12)) and employee-evaluation (§ 25-19-105(c)(…
Why did the Arkansas Attorney General reject the proposed 'Arkansas Educational Rights Amendment of 2024' ballot title that would have required identical academic standards for voucher-receiving schools?
The AG rejected the proposed 'Arkansas Educational Rights Amendment of 2024' because two key terms in the measure's text were ambiguous: 'provision' (does the State directly supply schools or just fun…
Did the Arkansas AG certify a 2024 ballot title to lower the antique-tag eligibility age for vehicles from 45 years to 25 years?
After rejecting five prior versions, the AG substituted and certified a workable popular name ('The Arkansas Historic or Special Interest Vehicle Act of 2024') and ballot title for an initiated act th…
Did the Arkansas AG certify the popular name and ballot title for the Arkansas Government Openness Amendment in 2024?
Yes. The Attorney General substituted and certified a popular name and ballot title for the proposed amendment, replacing 'The Arkansas Government Openness Amendment' with 'The Arkansas Government Dis…
Did the Arkansas AG certify a popular name and ballot title for the citizen-initiated Arkansas Government Transparency Amendment in 2024?
Yes. The Attorney General substituted and certified a popular name and ballot title for the proposed amendment, replacing 'The Arkansas Government Transparency Amendment' with 'The Arkansas Government…
Can a public agency release nonelected employees' names alongside their salaries under Arkansas FOIA?
Yes. Names of nonelected public employees, paired with their job positions and salary information, are personnel records under Arkansas FOIA. Release does not constitute a 'clearly unwarranted invasio…
Can a city release a former police officer's termination letter under Arkansas FOIA when the officer objects?
Yes. The termination letter is an employee-evaluation record because it explains the grounds for termination. All four elements of the release test are met: the officer was terminated, the termination…
Did the Arkansas AG certify the ballot title for the Arkansas Government Disclosure Act of 2024?
Yes. The AG substituted and certified the popular name 'The Arkansas Government Disclosure Act of 2024' and a substantially rewritten ballot title. The certification followed the rejections in Opinion…
Can a county release an internal-investigation report and termination form for a fired county employee under Arkansas FOIA?
Yes, both records (the internal-investigation report and the termination form) are properly classified as employee-evaluation records and may be released, but only if the termination is administrative…
Why did the Arkansas AG reject the 2024 Medical Cannabis Amendment ballot title?
The AG rejected the proposed amendment because: (1) it included an enacting clause that only initiated acts (not constitutional amendments) require; (2) the new advertising-restriction language was am…
Why did the Arkansas AG reject the second version of the Arkansas Government Transparency Act ballot title?
Same rejection as Opinions 2024-009/2024-010/2024-011/2024-012. The text included the same preemptive-repeal clause and added a new 'substantial personal privacy interest' provision that the sponsors …
Why did the Arkansas AG reject the Arkansas Government Openness Act ballot title in January 2024?
Same rejection as Opinions 2024-009 and 2024-011: the act contained a preemptive-repeal clause that the AG concluded was unconstitutional and violated the full-text requirement. The submitted popular …
Why did the Arkansas AG reject the Arkansas Government Disclosure Act ballot title in January 2024?
The AG rejected this submission for the same reason as Opinion 2024-009: the act contained a preemptive-repeal clause that the AG concluded was unconstitutional and violated the full-text requirement.…
Why did the Arkansas AG reject the Open Meetings and Open Records in State and Local Government Act ballot title?
Same rejection as Opinions 2024-009, 2024-011, and 2024-012: the act contained a preemptive-repeal clause that the AG concluded was unconstitutional and violated the full-text requirement. The submitt…
Why did the Arkansas AG reject the Arkansas Government Transparency Act ballot title in January 2024?
The AG rejected the proposed popular name and ballot title because the act contained a 'preemptive repeal' clause: it would automatically repeal any future legislation enacted after January 1, 2024 th…
Does Arkansas Act 393 of 2023 require Medicaid to cover continuous glucose monitors only as a pharmacy benefit?
No. Act 393 of 2023 requires Arkansas Medicaid to allow eligible beneficiaries to obtain continuous glucose monitors through a pharmacy as a pharmacy benefit, but it does not prevent Medicaid from als…
Did the AR AG certify the popular name and ballot title for the Arkansas Government Disclosure Amendment?
Yes. Notably, the AG certified the submitted popular name 'The Arkansas Government Disclosure Amendment' as submitted (after correcting the typo 'Disclsoure' to 'Disclosure') and substituted only the …
Did the AR AG certify the popular name and ballot title for the Open Meetings and Open Records in State and Local Government Amendment?
Yes. The AG substituted the same canonical ballot title used in Opinions 2024-005, 2024-007, and 2024-008, but kept the submitted popular name 'The Open Meetings and Open Records in State and Local Go…
Did the Arkansas AG certify the popular name and ballot title for the 2024 Arkansas Abortion Amendment?
Yes. The AG substituted and certified the popular name 'Arkansas Abortion Amendment of 2024' and rewrote the ballot title to include (1) a clarification that 18 weeks of fetal age equals approximately…
Why did the Arkansas AG reject the December 2023 Open Meetings and Open Records State and Local Government Amendment ballot title?
The AG rejected this submission (labeled BT-2 by the sponsors) for the same three reasons identified in Opinion 2023-123, which is incorporated here: (1) the measure's key terms were unclear, (2) the …
Can a school district withhold a teacher's letter of suspension because the suspension is not yet final?
It depends. A letter of suspension is generally a personnel record subject to the Young v. Rice balancing test. But if the suspension is disciplinary (initiated because the employer believes the emplo…
Why did the Arkansas AG reject the citizen-initiated act lowering the antique-vehicle-tag age threshold from 45 to 25 years?
The AG rejected the proposed popular name and ballot title because the text wrongly described existing law as a 'requirement to obtain Antique Tags.' Antique tags are discretionary, not required. The …
Why did the Arkansas AG reject the December 2023 Government Transparency Act ballot title?
The AG rejected the popular name and ballot title because the proposed text would have radically curtailed existing FOIA notification rights for public employees while the ballot title summarized the …
Why did the Arkansas AG reject the proposed 2024 Educational Rights Amendment?
The AG rejected the proposed Educational Rights Amendment of 2024 because (1) Sections 1 and 2 would impose 'identical State academic standards' on all schools receiving local or state funds, which wo…
Why did the Arkansas AG reject the proposed 2024 hand-marked paper ballots constitutional amendment?
The AG rejected the proposed election-security and hand-marked-paper-ballot amendment because the definition of 'disabled voter' incorporated three statutes by reference (HAVA, ADA, ACRA) without spel…
Did the Arkansas AG certify the proposed 2024 Absentee Voting Amendment?
Yes. The AG substituted the popular name (the original was so long it read like a second ballot title) to 'The Absentee Voting Amendment of 2024' and substituted the ballot title to add several materi…
Why did the Arkansas AG reject the December 2023 Government Transparency Amendment ballot title (BT-1)?
The AG rejected this BT-1 submission of the proposed transparency constitutional amendment for three reasons: (1) the sponsors failed to define key terms (public record, public meeting, public notice,…
Why did the Arkansas AG reject the December 2023 first version of the Arkansas Government Transparency Act?
The AG rejected the December 2023 first submission of the proposed Arkansas Government Transparency Act because it contained provisions that were clearly unconstitutional (e.g., procedural rules contr…
Why did the Arkansas AG reject the December 2023 Government Openness Act ballot title (BT-4)?
Same rejection as Opinion 2023-127. BT-4 parallel submission under 'The Arkansas Government Openness Act.' Eventually certified in Opinion 2024-020 after redrafting.
Why did the Arkansas AG reject the December 2023 Government Disclosure Act ballot title (BT-3)?
Same rejection as Opinion 2023-127. BT-3 parallel submission under 'The Arkansas Government Disclosure Act.' Eventually certified in Opinion 2024-020.
Why did the Arkansas AG reject the December 2023 Open Meetings and Open Records Act ballot title (BT-2)?
Same rejection as Opinion 2023-127, incorporated by reference. BT-2 parallel submission under 'The Arkansas Open Meetings and Open Records in State and Local Government Act.' The personnel-records car…
Why did the Arkansas AG reject the December 2023 Government Openness Amendment ballot title (BT-4)?
Same rejection as Opinion 2023-123. BT-4 parallel submission under 'The Arkansas Government Openness Amendment.' Eventually certified in Opinion 2024-008 after revisions.
Why did the Arkansas AG reject the December 2023 Government Disclosure Amendment ballot title (BT-3)?
Same rejection as Opinion 2023-123, incorporated by reference: undefined key terms, full-text violation, and ballot-title summary of nonexistent text. This is the BT-3 parallel submission of the propo…
Did Arkansas's AG certify Dinwiddie's fourth attempt at an initiated act lowering the antique vehicle registration age from 45 to 25 years?
Rejected. Dinwiddie's fourth attempt to lower the antique-vehicle threshold from 45 to 25 years had two new defects: the popular name and ballot title used 'automobile' (a broader term) while the amen…
Do Arkansas planning and development districts, area agencies on aging, and community health agencies have to follow the state ban on COVID-19 vaccine mandates?
It depends on whether the entity is a 'political subdivision' under Acts 4 and 10 of 2023's First Extraordinary Session. Planning and development districts likely are political subdivisions and so are…
Can a Fayetteville city attorney release a former police officer's personnel action sheet and termination letter under FOIA when the officer objects to release?
Yes. The custodian's decision to release both the personnel action sheet (a personnel record) and the termination letter (an employee-evaluation record meeting all four release elements) is consistent…
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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.