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 public see how much sick leave or annual leave a public employee has used under Arkansas FOIA, even if the employee objects?
Yes. The AG has consistently held that leave and attendance records are personnel records that should generally be disclosed under FOIA. The public's interest in seeing whether an agency follows its l…
Are recorded promotional interviews of police candidates 'employee evaluation records' (rarely releasable) or 'personnel records' (released after a privacy balancing test) under Arkansas FOIA?
Likely personnel records, not evaluation records. The AG drew on Young v. Rice's treatment of police promotional exam materials. The custodian still has to apply the personnel-records balancing test, …
Can a city release a list of HR complaints against a named public employee under Arkansas FOIA, including allegations that turned out to be unfounded?
Yes. The AG concluded the list of complaints, allegations, and dispositions is a personnel record and the public's interest in seeing how the city handles HR complaints generally outweighs the employe…
Act 349 of 2021 set the school board candidate filing window as 'ninety days before a general election', but Arkansas holds school elections in odd-numbered years when there is no general election. How should the law be applied?
The AG concluded a literal reading would make the statute impossible to apply for November 2021 school board elections, so a strong argument exists to interpret 'ninety days before a general election'…
When an internal investigation is finished but no discipline has been imposed yet, can the public get the investigation file under Arkansas FOIA?
The final investigative report is an employee-evaluation record, and because no suspension or termination has happened, it cannot be released. But lumping every supporting document in the file under t…
If Arkansas adopted ABA Model Rule 8.4(g), the rule disciplining lawyers for harassment or discrimination in conduct related to the practice of law, would it violate the First Amendment or the Religious Freedom Restoration Act?
Yes to both, in the AG's view. The AG concluded that ABA Model Rule 8.4(g), if adopted in Arkansas, could infringe lawyers' rights to free speech, free exercise of religion, expressive association, an…
Does Arkansas's 5% in-state bidding preference for public agencies apply only to commodity purchases, or also to construction contracts that include some materials cost?
Only to commodities. The 5% preference for Arkansas-resident firms applies when a public agency is buying 'commodities' (materials and equipment for public works) by competitive bidding. It does not a…
When a school superintendent gives the school board documents in a brown envelope she calls 'correspondence', can the school district withhold them under FOIA?
No. The AG concluded the records are either personnel records of the superintendent (releasable subject to balancing) or non-exempt public records (plainly releasable). Either way, withholding them is…
Can a former Cabot police officer block release of records related to his decertification by claiming the requester wants to slander him?
No. The records are subject to release under FOIA, and the requester's motive is irrelevant. A subject's belief that the records will be misused is not a legal basis to deny disclosure.
What records about part-time city employees can be released under Arkansas FOIA, including applications, contracts, and payroll records?
Most of them. Applications for employment, contracts for employment, and payroll records are personnel records that the public can see under FOIA. Tax withholdings, payroll deductions, and personal fi…
Can the City of Rogers release employee salary, hire date, position title, and name records under Arkansas FOIA?
Yes. Salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information (address, DOB, phone, SSN) must be redacte…
Can ten Sherwood city employees keep their names out of a FOIA release of salary, hire date, position title, and employee name data?
No. Their names are part of the personnel record subject to release under Arkansas FOIA. Sensitive personal information (address, DOB, phone, SSN) is redacted, but the employees' names go with the sal…
Can the City of Calico Rock release employee salary, hire date, position title, and name records under Arkansas FOIA?
Yes. Salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information (address, DOB, phone, SSN) must be redacte…
Can the City of Decatur release a public employee's salary, hire date, position title, and name under Arkansas FOIA?
Yes. The salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information must be redacted. The named employee's…
Can the City of Wynne release its employees' salary, hire date, position title, and name under Arkansas FOIA when the named employees object?
Yes. The salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information like home address, DOB, and SSN must b…
Can a city release a public employee's salary, hire date, position title, and name in response to an Arkansas FOIA request?
Yes. Salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information (address, DOB, phone, SSN) must be redacte…
Can the City of Heber Springs release police department employee salary, hire date, position title, and name records under Arkansas FOIA?
Yes. Salary, hire date, position title, and name of public employees, including police officers, are personnel records that the public can see under FOIA. Sensitive personal information must be redact…
Can the City of Crossett release employee salary, hire date, position title, and name records under Arkansas FOIA?
Yes. Salary, hire date, position title, and name of public employees are personnel records that the public can see under FOIA. Sensitive personal information must be redacted. Employee objection is no…
When does an Arkansas legislative act become effective if it lacks an emergency clause and the General Assembly takes a recess longer than 90 days?
Ninety-one days after the recess begins. The day of recess doesn't count. For the 93rd General Assembly's April 28, 2021 recess, that puts the effective date at July 28, 2021, assuming the legislature…
Can a North Little Rock School District employee block FOIA release of all NLRSD personnel records by claiming the requester is trying to 'create havoc' for the communications coordinator?
No. The AG referred the requester to Op. 2021-028 (issued the day before, identical analysis). Requester motive is irrelevant. The request, even voluminous and adversarial, must be processed under the…
Can a North Little Rock School District employee block FOIA release of personnel records by claiming the requester's motive is a personal vendetta against the communications director?
No. The requester's motive is generally irrelevant to FOIA disclosure decisions. The AG cannot enforce FOIA against a custodian, but the custodian must apply the standard personnel-records framework, …
Can a convicted felon in Arkansas own and use a crossbow for hunting?
Yes, if they have completed their sentence and are not on probation or parole. A crossbow is not a 'firearm' under Arkansas law (no explosive propellant), so the felon-in-possession statute doesn't ap…
What records about a former Russellville School District employee can be released after he was placed on administrative leave and then terminated?
Most of them, but not exactly as the custodian planned. The AG identified additional information that should be redacted, redactions that may not be valid, and documents that should not be released if…
Can a former Fort Smith police officer who resigned before discipline get his name redacted from records released about an internal investigation?
Maybe, depending on the records' classification. If the records are his evaluation records, they are exempt because no discipline happened. If they are mixed records covering other officers, his name …
Can a Fayetteville Housing Authority employee object to FOIA release of her own daily notes about residents on the basis that the residents' privacy will be invaded?
Mostly no. Concerns about the privacy interests of private citizens (residents) are outside the AG's narrow review authority. The AG could not say the custodian's decision to release the employee's no…
When a Fayetteville Housing Authority employee objects to FOIA release of records on grounds that other employees' or private citizens' information is included, can the AG opine?
No. The AG's review under § 25-19-105(c)(3)(B)(i) is limited to the requesting employee's own personnel or evaluation records. Concerns about other employees' or private citizens' privacy are outside …
Will the Arkansas AG opine on a question that is already before a court?
The Attorney General declined to opine. The questions about whether Ark. Code Ann. § 16-17-106 lets a county quorum court authorize a district court judge to hire a clerk (and whether city-council per…
If an Arkansas city overpaid an employee, can the city council just decide not to chase the money back?
The city has discretion not to chase down an overpayment of public funds, but that decision does not insulate the city from a taxpayer-initiated illegal-exaction suit. Any citizen may sue under Ark. C…
Can an Arkansas county judge refuse to pay an election commission's invoice that meets every legal requirement?
No. If an election commission's claim meets every requirement of Ark. Code Ann. § 14-14-1102(b)(2)(B), namely sufficient appropriation, unencumbered balance, lawful purpose, and rendered services, the…
If someone FOIAs Little Rock for the personnel files of every recent hire, what gets handed over and what gets redacted?
The City of Little Rock's plan to release the personnel files of all employees hired on or after June 23, 2020, while redacting home addresses, dates of birth, telephone numbers, and Social Security i…
Do Arkansas county EMS workers get the same vacation, sick leave, and overtime rules as city firefighters?
No. Arkansas's specific firefighter sick-leave and vacation statutes (Ark. Code Ann. §§ 14-53-107 and -108) apply only to city fire departments, not county EMS. Counties set their own employee policie…
If a parent FOIAs a school for an employee's complaints and emails, what gets handed over and what stays private?
The Pulaski County Special School District custodian had to apply two different rules to the request. Unsolicited complaints are 'personnel records' subject to the Young v. Rice balancing test. Compla…
Can a retired Arkansas police officer carry a concealed handgun without getting a regular CHCL?
Qualified yes. A retired Arkansas law enforcement officer who meets every eligibility test in Ark. Code Ann. § 12-15-202(b) (good-standing retirement, photo ID, recent training, ten years of service, …
When an Arkansas state agency gets a FOIA request for an employee's salary and contact info, what has to be released and what has to be withheld?
The Arkansas Department of Labor & Licensing's plan to release names, job titles, salaries, dates of hire, and similar workplace data while redacting home addresses and personal phone numbers was gene…
Can an Arkansas city pass an emergency ordinance after the fact and have it apply to a flood already over?
Yes. An Arkansas city may pass an ordinance with retroactive effect, including a § 14-58-303(b)(2) bid-waiver ordinance for an already-completed disaster repair, when the city expressly declares retro…
How do two Arkansas cities formally amend their joint sewer agreement, and what does the AG check before approving it?
The Attorney General approved Amendment No. 3 to the Cotter-Gassville interlocal wastewater agreement. The amendment did not itself name a joint board or address property disposal, but the original 19…
Can an Arkansas city release the names of restaurants and hotels that haven't paid their advertising and promotion taxes?
Yes. An Arkansas city may release (in response to a FOIA request or otherwise publish) the names of businesses that have not remitted advertising and promotion taxes under Ark. Code Ann. § 26-75-601 e…
Could an Arkansas county judge order courthouse employees to take a COVID test after a colleague tested positive?
Generally no. The county judge could not require county employees, much less other elected county officials, to submit to COVID-19 testing. Setting employee health-and-safety policy is the quorum cour…
When an Arkansas justice of the peace doesn't take the oath, does the seat go vacant or stay with the prior officeholder?
The incumbent stays in office until the next general election. When a person elected as Arkansas justice of the peace refuses to take the oath of office, no vacancy is created. Article 19, section 5 o…
Can a board member of an Arkansas regional airport authority earn a contingency fee from a windstorm subrogation lawsuit?
No violation, on these facts. A Delta Regional Airport Authority board member who is also a local attorney could collect a contingency fee from out-of-state subrogation counsel pursuing the insurers' …
Can an Arkansas city's planning commission close the doors and meet in private?
Yes, but only for one of four narrow reasons. A municipal planning commission is a 'governing body' subject to the Arkansas FOIA's open-meetings rules, and may enter executive session only to consider…
Are an Arkansas coroner's COVID-19 death investigation records public, including identifying and medical info?
Yes, after the coroner's final report is issued. Under Ark. Code Ann. § 14-15-304, the coroner's investigation records are confidential only until the final report. After issuance, the report (includi…
When a Little Rock complainant FOIAs her own internal complaint file, what does the city release and what does it withhold?
The City of Little Rock's plan was consistent with the FOIA. The complainant's own statement and the decision letter sent to the complainant are her own personnel records and properly released to her.…
Did Arkansas's pandemic mask mandate (Executive Order 20-43) violate the state constitution?
The Attorney General declined. Senator Ballinger's questions about Governor Hutchinson's Executive Order 20-43 mask mandate, including whether it violated the Arkansas Constitution's nondelegation doc…
Does an Arkansas public employee have the right to see their own internal affairs file before discipline is final?
Yes. The City of Little Rock's decision to withhold the subject employee's own internal affairs records (because the investigation had not yet reached final administrative resolution) was inconsistent…
Was Little Rock's plan to release Mark Ison and other LRPD officers (group request)'s personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2021-003 (Silas, January 7, 2021), which addressed virtually identical facts. Mark Ison and other LRPD officers (group request)'s objection to t…
Was Little Rock's plan to release Officer Jeremy Graves's personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2021-003 (Silas, January 7, 2021), which addressed virtually identical facts. Officer Jeremy Graves's objection to the City of Little Rock's pla…
Was Little Rock's plan to release Officer Hannah L. Thomas's personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2021-003 (Silas, January 7, 2021), which addressed virtually identical facts. Officer Hannah L. Thomas's objection to the City of Little Rock's …
Was Little Rock's plan to release Detective Justin Taynor's personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2021-003 (Silas, January 7, 2021), which addressed virtually identical facts. Detective Justin Taynor's objection to the City of Little Rock's p…
Was Little Rock's plan to release an officer's personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2021-003, issued the day before to Detective Brad Silas, which addressed virtually identical facts. Officer Harris's question (whether the City …
Was Little Rock's plan to release Officer William High's personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2021-003 (Silas, January 7, 2021), which addressed virtually identical facts. Officer William High's objection to the City of Little Rock's plan…
Was Little Rock's plan to release Officer Courtney Bewley's personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2021-003 (Silas, January 7, 2021), which addressed virtually identical facts. Officer Courtney Bewley's objection to the City of Little Rock's p…
Could a Little Rock police officer block release of his personnel and disciplinary records by objecting under the Arkansas FOIA?
No. The AG concluded that an LRPD detective's objections were not legally sufficient grounds to withhold his personnel and disciplinary records under the Arkansas FOIA. The custodian had to apply the …
Was Little Rock's plan to release Alva Archer's personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2020-063 (Withers, January 5, 2021), which addressed virtually identical facts. Alva Archer's objection to the City of Little Rock's planned rel…
Was Little Rock's plan to release Tabitha F. Mullins's personnel and disciplinary records consistent with the Arkansas FOIA?
The AG referred this request entirely to Op. Att'y Gen. 2020-063 (Withers, January 5, 2021), which addressed virtually identical facts. Tabitha F. Mullins's objection to the City of Little Rock's plan…
Can a Little Rock city employee block release of her personnel and disciplinary records by objecting under the Arkansas FOIA?
No. The AG concluded that an employee's objections to release, including concerns about how the requester might use the information, were not legally sufficient reasons to withhold personnel records u…
Could Springdale PD release Officer Boyd's disciplinary summary even though Boyd objected the requester gave no reason for asking?
Yes, in all likelihood. Officer Rusty Boyd's objection rested on the requester not explaining her motive. The AG identified that under the Arkansas FOIA the requester's identity or motive is generally…
Could Springdale Police Department release a Springdale officer's disciplinary record listing the policies he violated and the action taken?
Yes, in all likelihood. The disciplinary summary record at issue (covering Officer Kyle Naish's name/rank, incident date(s), policy violations, and disciplinary action) likely satisfied all four prong…
When the same person FOIAs your personnel records four times, can the public defender's office release them again, with the same redactions?
Mostly yes. The custodian's redacted release of Lana Fraser's personnel records was substantially consistent with the FOIA under the framework set out in Op. 2019-062 (issued to the same requester). O…
Did Little Rock have to release a city employee's evaluation records when the underlying investigation was still ongoing?
Yes, the withholding was consistent with the FOIA. Under Ark. Code Ann. 25-19-105(c)(1), evaluation records cannot come out unless the four prongs are met (suspension/termination, finality, basis, 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.