Case law

Opinion No.

Arkansas Attorney General Reports · Mar 2, 1987

Applying the standards promulgated by the Arkansas Supreme Court, we analyze whether this legislation not only separates a locale from the general operation of laws, which clearly Act 48 does, but whether it is impermissible … Act 48 is entitled: AN ACT to Promote the Competitive Position of Arkansas Cities and Incorporated Towns which are Divided by State Lines From an Incorporated City or Town in Another State by Authorizing the Qualified Electors

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 · Aug 29, 2007

The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy." … Given that exemptions from disclosure must be narrowly construed, it is the burden of an individual resisting disclosure to establish that his "privacy interests outweighed that of the public's under the circumstances presented

Opinion No.

Arkansas Attorney General Reports · Apr 4, 2011

entity created thereby, together with the powers delegated to it, provided that the entity may be legally created; (3) The purposes of the agreement; (4) The manner of financing the joint or cooperative undertaking and of establishing … Under these definitions, all of the signatories with the exception of the governors qualify as "public agencies." The municipal corporations clearly qualify as political subdivisions of the state.

Opinion No.

Arkansas Attorney General Reports · Apr 23, 2009

Because you are a city employee, I believe the requested documents are clearly "public records" under the definition set forth above. … As *Page 7 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 · 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 · 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 · Aug 6, 1996

elected or appointed official, or, as an employee or officer within an office, department, committee, or institution which is either totally or partially funded by public monies; Upon conviction, plea-bargain or acceptance or immunity … Accordingly, a court addressing a challenge to the legislation will be in a better position to conceive of a rational basis for it if that basis is clearly stated in the legislation itself.

Opinion No.

Arkansas Attorney General Reports · Dec 22, 2005

In my opinion, these purposes would clearly be frustrated if one were to enforce a provision of state law that would preclude an otherwise qualifying foreign student from participating in the program. … I believe the highlighted language clearly applies to the host family of a foreign exchange student, meaning that the student would qualify as a "resident" under this statute. 2 In this regard, I should note that even this

Opinion No.

Arkansas Attorney General Reports · Nov 19, 2003

Although this passage considered in isolation clearly appears to afford qualified corporations a right to vote, it is unclear regarding precisely what those qualifications are. … Act 117 clearly prohibits a county resident from voting if he does not also own property located within the district.

Opinion No.

Arkansas Attorney General Reports · Aug 20, 2001

Given that you are 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 · Aug 21, 2001

Given that you are a state 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 · Aug 21, 2001

Given that you are a state 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 · Aug 20, 2001

Given that you are a state 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 · Dec 9, 1994

Arkansas Code Annotated § 17-89-101 (a) (Supp. 1993) states in pertinent part: "Optometry" shall include utilizing any method or means which the licensed optometrist is educationally qualified to provide, as established and … Arkansas law has clearly given the Arkansas State Board of Optometry the authority to define and regulate the practice of optometry.

Opinion No.

Arkansas Attorney General Reports · Sep 8, 2003

(B) However, the ex officio member shall have no vote, shall not serve as an officer of the board, and shall not be counted to establish a quorum or a majority necessary to conduct business. . . . … The statute above clearly requires the "public" members of the board to undergo confirmation by the Arkansas Senate.

Opinion No.

Arkansas Attorney General Reports · Mar 20, 1992

The Davis court noted the following conclusion in Krone as to the meaning of "resident" under attachment laws: an established abode, fixed permanently for a time for business or other purpose, although there may be an intent … Rather than clearly deciding, however, that Section 14-14-1306 is the "controlling definition of `residence,'" the Court focused instead upon its concern with the implication that intent is the key element. 304 Ark. at 624

Opinion No.

Arkansas Attorney General Reports · Oct 22, 2003

Although the law does expressly provide for some use of the resources of the housing agency for the benefit of the Arkansas Water Well Construction Commission (AWWCC), it does not clearly establish the extent to which such … It therefore clearly may use some of its office space to house the AWWCC.

Opinion No.

Arkansas Attorney General Reports · Dec 18, 2007

In the first instance, I must determine whether the parties to the Agreement indeed qualify as "public agencies" — a term the Arkansas Code defines in pertinent part as follows: "Public agency" means . . . any political subdivision … In my opinion, a city and a county clearly qualify as "public agencies" under this definition.

Opinion No.

Arkansas Attorney General Reports · Feb 7, 2011

addressing an office established by city ordinance pursuant to legislation enacted under the authority of former Ark. … Nor is the question clearly answered by any of the statutes governing district courts.