Case law

Opinion No.

Arkansas Attorney General Reports · Dec 23, 2003

to Amendment 29, which authorizes the governor to fill vacancies in various elective offices, but rather pursuant to A.C.A. § 16-17-105 (c), which provides: When there is a vacancy in the office of municipal judge in an established … In my opinion, section 16(D) clearly qualifies section 7(D) of amendment 80, authorizing service in two counties only if (1) the two counties served are contiguous, (2) the county adjacent to the county from which the judge

Opinion No.

Arkansas Attorney General Reports · Aug 6, 1997

Although the current appointees serve at large, the relevant legislation clearly envisions the election of the additional judgeships from districts by the "qualified electors" of the districts. … Although at their creation, the judgeships became appointive positions, the legislative scheme clearly envisions that their successors will at some point be "elected and qualified," which is the pertinent language of art.

Opinion No.

Arkansas Attorney General Reports · Aug 10, 2006

Given that the subject of the request is a state employee, I believe documents containing the requested information clearly qualify as "public records" under this definition. As my predecessor noted in Op. Att'y Gen. … The Court also stated that "all FOIA requestors have an equal, and equally qualified, right to information. . . ." Id. at 499 .

Opinion No.

Arkansas Attorney General Reports · Apr 30, 2002

However, establishing as much does not necessarily mean that the meetings of the UACCH Board of Visitors must be open and announced. … Applying these statutes, if UACCH qualifies as a governmental entity, its records as defined are subject to disclosure.

Opinion No.

Arkansas Attorney General Reports · Oct 13, 2004

The board of election commissioners clearly performs a ministerial function in preparing and furnishing the ballots pursuant to A.C.A. § 6-14-111 . 2 Accord State v. … There is no requirement that the ballot reflect the term of office, which as noted above is established and governed by law. Clearly, therefore, the electors were not voting on the length of the term.

Opinion No.

Arkansas Attorney General Reports · Feb 25, 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 record(s) clearly qualify as "public records" under this definition … Documents prepared by medical personnel for the purpose of diagnosing or treating an individual are clearly medical records.

Opinion No.

Arkansas Attorney General Reports · Dec 16, 2011

qualify as employee evaluation/job performance records. … A letter of suspension or dismissal may or may not qualify as an "employee evaluation/job performance record" subject to the standard of review set forth above.

Opinion No.

Arkansas Attorney General Reports · Sep 7, 2004

Given that the subjects of the request are all state employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. As my predecessor noted in Op. … The Court also stated that "all FOIA requestors have an equal, and equally qualified, right to information. . . ." Id. at 499 .

Opinion No.

Arkansas Attorney General Reports · Nov 18, 2002

Until I receive a version of your proposed agreement that clearly states what Section VIII would require, I cannot meaningfully opine whether its provisions are objectionable on some substantive ground. … However, I will note that I would approach with grave reservations any proposed provision that would obligate an agency of this state to waive sovereign immunity without clear legislative sanction, to hold harmless an agency

Opinion No.

Arkansas Attorney General Reports · Jun 5, 2001

The question, then, is whether the debt instruments evidencing a TIFIA loan would qualify as "revenue bonds." … In my opinion, assuming the terms of repayment fall within one of the three Harris categories, the documents evincing the indebtedness would clearly qualify as "revenue bonds."

Opinion No.

Arkansas Attorney General Reports · Mar 11, 2004

The language emphasized above clearly contemplates a single owner of all the land originally annexed to the city. … However, I have noted some troubling aspects of this conclusion in light of some well-established rules of statutory interpretation. This statute could benefit from clarification by the General Assembly.

Opinion No.

Arkansas Attorney General Reports · Apr 15, 2008

Suits against the State of Arkansas are prohibited under sovereign immunity. … Att'y Gen. 93-087 at n. 2, however, there is a statutory provision allowing the proration of taxes when a qualified veteran sells him home to a non-exempt individual.

Opinion No.

Arkansas Attorney General Reports · Feb 10, 2000

(b) The director shall be qualified for the position by character, ability, education, training, and successful administrative experience in the correctional or related fields. … The Director is required to take an oath of office before entering into his duties (A.C.A. § 12-27-109 ) and is, in my opinion, clearly an "officer" of the State. See e.g., Maddox v.

Opinion No.

Arkansas Attorney General Reports · Jan 4, 2010

I refer to the following: *Page 5 • As previously indicated, what qualifies as "medical marijuana" is unclear under your proposed amendment. … In my opinion, the extent of this regulatory charge must be clearly stated for the voter in the ballot title.

Opinion No.

Arkansas Attorney General Reports · Sep 10, 2008

Nothing is taken as intended that is not clearly expressed. State ex rel. Sargent v. Lewis , 335 Ark. 188 , 979 S.W.2d 894 (1998). … Clearly, the municipal and other customers of Two Ton provide retail water or other services in their service areas.

Opinion No.

Arkansas Attorney General Reports · Dec 31, 2002

," including a "development authority," have been designated "public bodies," and hence "units of government," under Arkansas law: The term "public body" has been consistently applied in the Code to entities that appear clearly … to qualify as "units of government."

Opinion No.

Arkansas Attorney General Reports · Dec 27, 2006

in the following manner: (a) Divide the district into zones with one director position assigned to each zone: (b) Require a director to be a resident of the zone for which he or she is running; and (c) Permit all of the qualified … In my opinion, this clearly establishes the legislature's general control over the method(s) of electing members of a school district's board of directors.

Opinion No.

Arkansas Attorney General Reports · Dec 28, 2009

With regard to any other records relating to the suspensions at issue, I should note that a letter of suspension or dismissal may or may not qualify as an "employee evaluation/job performance record" subject to the standard … As always, the person claiming the right will have the burden of establishing it. Accord , Ark. Ops. Att'y Gen. Nos. 2007-001 ; 2006-141 and 2001-122.

Opinion No.

Arkansas Attorney General Reports · Nov 17, 2004

Given that the requested records relate to your public employment, I believe they clearly qualify as "public records" under this definition. As my predecessor noted in Op. Att'y Gen. … Assuming you have filed any such documents, the initial question will be whether they qualify as "personnel records" subject to review under the Young standard discussed above or whether they qualify as "employee evaluation

Opinion No.

Arkansas Attorney General Reports · Feb 26, 2007

The Agreement is clearly of a kind contemplated in the Municipal Property Owners' Improvement Law (the "Act"), A.C.A. §§ 14-94-101 through-128 (Repl. 1998 Supp. 2005), which the Agreement itself recites *Page 2 as authorizing … Att'y Gen. 82-140, in which one of my predecessors opined that a volunteer fire department qualified as a "political subdivision" of the state because it constituted an improvement district.