Case law

Opinion No.

Arkansas Attorney General Reports · Nov 6, 2000

. § 4975 (e)(7), an ESOP is an employee retirement plan that can take various forms, including stock bonus plans, "which are qualified under section 401(a), and which are designed to invest primarily in qualifying employer … Canan, Qualified Retirement and Other Employee Benefit Plans § 3.40 (2000 Prac. ed.)

Opinion No.

Arkansas Attorney General Reports · Feb 24, 1994

The court specifically rejected the argument that wearing uniforms and badges was sufficient to qualify them as law enforcement officers. Id. … It must therefore be concluded that they would, similarly, fail to qualify as "law enforcement officers" entitled to holiday compensation under A.C.A. 14-52-105 .

Opinion No.

Arkansas Attorney General Reports · Oct 23, 2001

In light of the constitutional provision just quoted, I believe the answer to this question is clearly "yes." … These constitutional provisions clearly authorize only provisional appointments in the event of disqualification in a particular case or temporary inability to serve.

Opinion No.

Arkansas Attorney General Reports · Sep 12, 1989

With the opinion request, you have submitted a list of interim committees established by resolution, some concurrent. … This fact would thus be given weight by the courts, and likely result in adherence to the agency's construction, unless clearly wrong.

Opinion No.

Arkansas Attorney General Reports · Dec 30, 1994

It should be initially noted that a classification for psychological test technician was not provided in Act 129 of 1955, which established the Arkansas Board of Examiners in Psychology and its powers and duties. … Clearly, the Arkansas Board of Examiners in Psychology is vested with administrative authority under these Code provisions governing psychological practice as "psychologists" and "psychological examiners."

Opinion No.

Arkansas Attorney General Reports · Aug 11, 2000

RESPONSE In my opinion, the revenues described in your first question clearly qualify as "public funds." … Under these circumstances, I believe the retained funds are clearly "public" in character. 1 Moreover, given its character and functions, a library board is properly characterized as an agency of the county, 2 which qualifies

Opinion No.

Arkansas Attorney General Reports · Jul 8, 2008

With regard, first, to the non-qualified members, i.e., those who will not have met the eligibility requirements prior to the elimination of DROP, it seems unlikely that such persons could establish a present property interest … Unless the legislation eliminating DROP were found to require the forfeiture of benefits for which the non-qualified members legally contracted, it clearly will not have the effect of violating the constitutional prohibition

Opinion No.

Arkansas Attorney General Reports · May 1, 2006

Nos. 2006-005 , 2002-345, 2001-363, and 2000-187 (applying the Interlocal Cooperation Act to various entities that appear clearly to qualify as units of government). … Because the Agreement does not establish a separate legal entity to conduct the cooperative undertaking, it must also provide for an administrator or a joint board. A.C.A. § 25-20-104 (d)(1).

Opinion No.

Arkansas Attorney General Reports · May 30, 2001

Given that you are a coach at a public high school, and as such a public employee, I believe your files clearly qualify as "public records" under this definition. As I noted most recently in Ark. Op. Att'y Gen. … In my opinion, these documents qualify as "employee evaluation or job performance records."

Opinion No.

Arkansas Attorney General Reports · May 12, 1986

It follows that the burden is upon the general contractor to establish the reasonableness of his method of soliciting bids and that no licensed contractors responded. … It appears that the legislature intended that a licensed specialty contractor be required if available through reasonable solicitation but did not clearly address the use of unlicensed specialty contractors in such contracts

Opinion No.

Arkansas Attorney General Reports · Sep 20, 2005

I cannot say that the Board's interpretation of A.C.A. § 24-8-211 is clearly wrong in this instance. … The certification process therefore served the purpose of establishing a retiring judge's benefit entitlement, which was based upon service in the judicial retirement system.

Opinion No.

Arkansas Attorney General Reports · Jul 16, 2002

This course of action by ARS would clearly be permissible if ARS had entered into an agreement with the institution, and the agreement included a provision permitting such a course of action by ARS. … It is my opinion that the above-quoted requirement was designed to make public institutions accessible to qualified vocational rehabilitation consumers to the same extent that they are accessible to other qualified consumers

Opinion No.

Arkansas Attorney General Reports · Apr 15, 1991

or system may be used in any election without the approval of the State Board of Election Commissioners, following an exhibition to the State Board (n. 1, supra ), a prior demonstration to local election officials is not clearly … The constitutional officers could, it seems, establish procedures for qualifying these four members.

Opinion No.

Arkansas Attorney General Reports · Aug 23, 2004

to exist and hence qualify as one "that loses territory or students as a result of . . . consolidation." … This reading, which accords fully with common sense, clearly suggests that all of the districts participating in a consolidation will have a voice in shaping the interim board.

Opinion No.

Arkansas Attorney General Reports · Mar 19, 1993

and reasonable effort has been made to attract said qualified applicants. … The Arkansas Supreme Court has clearly stated that a prosecuting attorney is a constitutional state officer, who operates in a quasi-judicial capacity. Venhaus v. Brown, 286 Ark. 229 , 691 S.W.2d 141 (1985); Weems v.

Opinion No.

Arkansas Attorney General Reports · Nov 18, 2003

The Veterans Preference Law requires that certain qualifying veterans be given "preference" in the hiring process. … (f) The names of candidates who have qualified in an examination, evaluation, or similar instrument given for the purpose of establishing an interview or employment list shall be entered on an appropriate register or list

Opinion No.

Arkansas Attorney General Reports · Feb 11, 2011

sovereign immunity as declared in the Constitution." … A statute establishes the General Improvement Fund. A.C.A. § 19-5-1005 (Repl. 2007).

Opinion No.

Arkansas Attorney General Reports · Aug 20, 2001

Given that you were a police officer, and as such a public employee, I believe the information at issue clearly qualifies as a "public record" under this definition. … Common sense would suggest that a record reflecting disciplinary charges against a public employee would clearly qualify as a "job performance record." Professor John J.

Opinion No.

Arkansas Attorney General Reports · Sep 8, 2004

Citizens to Establish a Reform Party in Arkansas v. Priest, 235 Ark. 257 , 926 S.W.2d 432 (1996). … Act, it clearly does qualify under the more specific terms of A.C.A. § 25-20-403 (a)(2), which declares point-blank that such a cooperative "may join in the formation" of an AMECA.

Opinion No.

Arkansas Attorney General Reports · Mar 2, 2009

Given that the record(s) at issue are kept by the police department and the subject matter involves the suspension of a police department employee, I believe the records(s) clearly qualify as "public records" under this definition … Assuming, however, that some or all the documents qualify as "personnel records," they must be released unless their release constitutes a clearly unwarranted invasion of personal privacy.