Case law

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.

Opinion No.

Arkansas Attorney General Reports · Sep 2, 2004

The underlying question, then, is whether a house under construction might be considered the domicile of an alderman who was clearly domiciled in this ward before the new construction began, but who has sold his former home … The Arkansas Supreme Court held that the candidate never abandoned his residency and therefore, was qualified for the general election.

Opinion No.

Arkansas Attorney General Reports · Mar 14, 1991

Yet the court in that case was clearly not faced with a failed proposed millage rate following annexation. … It is well established that although legislative interpretation of constitutional provisions is never binding on the courts, it is persuasive and entitled to some consideration if there is any doubt or ambiguity.

Opinion No.

Arkansas Attorney General Reports · Oct 6, 2008

These provisions clearly support the sharing of information in the course of treatment, where client privacy can reasonably be ensured. … U.L. 585, 630 (2008) (observing that "[b]ecause any student records maintained by an institution's health center almost certainly qualify as student treatment records or "education records" within the meaning of FERPA, these

Opinion No.

Arkansas Attorney General Reports · Sep 5, 1990

following question in this regard: Are vocational technical schools, such as Pine Vocational Technical School, required to give preference to blind persons for operating vending facilities on their premises, or do they qualify … I do not believe that a court would conclude in this instance that the agency's interpretation of 22-3-1302 (1) is clearly wrong.

Opinion No.

Arkansas Attorney General Reports · Jan 10, 2003

If the situation that prompted his activation does not qualify as an "emergency," he may qualify for paid training leave pursuant to A.C.A. § 21-4-102 (a). … I feel obliged to comment in passing on the qualifying language "up to thirty days" in my previous sentence.

Opinion No.

Arkansas Attorney General Reports · May 16, 1996

You also note, however, that it would have the effect of establishing a class of individuals out of the inmate population who are required to go to school when other inmates are not, and the Board is concerned about any potential … This action might be pled as a 42 U.S.C. § 1983 action, under which state officers and employees are entitled to only qualified immunity. It is my opinion, however, that such an action would fail.

Opinion No.

Arkansas Attorney General Reports · Apr 9, 2003

If so, a tax devoted to the repayment of a revolving loan clearly could not qualify as a credit against the uniform rate of tax, thus rendering A.C.A. § 26-80-204(18)(B) unconstitutional. … Simply stated, then, when the voters provide that tax revenues will be spent in a particular manner, the legislature cannot qualify the use of those revenues.

Opinion No.

Arkansas Attorney General Reports · Jan 11, 2011

qualify as "public records" under this definition. … circumstances to observe that the employees' privacy interest in nondisclosure is not insubstantial." 9 Given that exemptions from disclosure must be narrowly construed, it is the burden of an individual resisting disclosure to establish

Opinion No.

Arkansas Attorney General Reports · Aug 1, 2003

This procedure clearly has no applicability, however, in the case of a regional airport authority created pursuant to A.C.A. § 14-362-101 et seq. (1987 and Supp. 2001). … , may not be removed "except for cause . . . or upon such other conditions as shall be set forth in the agreement establishing the authority."

Opinion No.

Arkansas Attorney General Reports · Apr 1, 2008

Given that the record is kept by the City and the subject matter involves the performance of official functions, I believe the document in question clearly qualifies as a "public record" under this definition. … 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 · 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 · Oct 15, 1993

Miller, neither of the ordinances clearly sets forth the particular Arkansas Code section under which the District was established. The ordinances refer to "Ark. Code Ann. 14-84-204," which does not exist. … qualified electors of the district. 2 See Op.

Opinion No.

Arkansas Attorney General Reports · Apr 10, 2001

However, I believe this general power is qualified by an implied proviso that the contract serve some legitimate public purpose. … Moreover, I believe loaning a van to a church would clearly violate U.S. Const. amend. I , which prohibits any government action "respecting an establishment of religion," and Ark. Const. art.

Opinion No.

Arkansas Attorney General Reports · Dec 1, 2010

Given that the subjects of the request are public employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. … 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 · Aug 21, 2008

In other words, the DOT has established as the "only driving prohibition period for a controlled substances violation," the "completion of rehabilitation requirements and a return-to-duty test with a negative result," id. … and absolutely immune from liability under another . . .") .

Opinion No.

Arkansas Attorney General Reports · Mar 27, 2008

Both Article 19, § 3, as interpreted, and A.C.A. § 14-48-110 (f) clearly require residence in the city to be served. See Op. … qualified elector of the city.

Opinion No.

Arkansas Attorney General Reports · Mar 23, 2011

qualify as "public records" under this definition. … circumstances to observe that the employees' privacy interest in nondisclosure is not insubstantial." 9 Given that exemptions from disclosure must be narrowly construed, it is the burden of an individual resisting disclosure to establish

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.

Opinion No.

Arkansas Attorney General Reports · Jan 4, 2007

Given that you are a city 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 FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."