Case law

Opinion No.

Arkansas Attorney General Reports · Feb 27, 2009

*Page 3 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 … 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 · Jun 14, 1996

provides in relevant part as follows: An assessment of up to five (5) mills may be levied by the quorum court in the ambulance service district area, provided that the assessment is approved by at least a majority of the qualified … The statute was later amended to permit quorum courts to create districts, by an act entitled "An Act to Amend Arkansas Code 14-282-102 to Establish an Additional Method of Establishing an Ambulance Service District. . .

Opinion No.

Arkansas Attorney General Reports · Oct 27, 1994

Under that subtitle, "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, … Thus, the legislative intent behind the eyesight exam requirement, as evidenced in part in the emergency clause set out above, was clearly related to safety concerns and "actual risks."

Opinion No.

Arkansas Attorney General Reports · Oct 2, 2007

The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy." … They do not appear to qualify as either employee evaluation/job performance records or personnel records.

Opinion No.

Arkansas Attorney General Reports · Jan 13, 2000

As noted in the above referenced opinion, the Highway Commission clearly has jurisdiction to adopt the recited regulations as applicable to carriers operating entirely intrastate, see A.C.A. §§ 23-2-209 and 23-13-204 , except … Section 382.101 declares that "[t]he purpose of this part is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial

Opinion No.

Arkansas Attorney General Reports · Dec 30, 1994

. `993) establishes the following requirements for authorized bonding companies: (a) All bonds enumerated in § 22-9-401 shall be made by surety companies which have qualified and are authorized to do business in the State … Supp. l993) clearly requires that surety bonds mandated by the State of Arkansas for public works projects shall be issued by resident local (Arkansas) agents licensed to represent their sureties who shall file with these

Opinion No.

Arkansas Attorney General Reports · Nov 6, 2001

RESPONSE It is my opinion that the provision for the hiring of staff members by the County Attorney is clearly unconstitutional. … But clearly, the County Judge is vested exclusively with the duty and responsibility for hiring county employees.

Opinion No.

Arkansas Attorney General Reports · Jul 19, 2006

Given that the subjects of the request are city employees, 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."

Opinion No.

Arkansas Attorney General Reports · Nov 17, 2005

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 FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion No.

Arkansas Attorney General Reports · Aug 1, 2011

Custodians would be wise to consult local counsel when making these decisions with an eye toward establishing a usual practice. … If you are asking whether custodians can release non-exempt, public records on their own and not in response to any specific requester, then the answer is clearly "yes."

Opinion No.

Arkansas Attorney General Reports · Apr 25, 2008

Given that the record was written by a city official, 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 … 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 · Dec 23, 1992

While it might be concluded at first glance that the county clerk has a vote as a "member of the council" (§ 14-27-102 (c), above), a review of Act 510 as a whole clearly indicates that the "local government jurisdiction[ … The Quorum Court passed Ordinance 91-20 that established an Advisory Committee to handle all aspects of Act 833 of 1991.

Opinion No.

Arkansas Attorney General Reports · Dec 30, 2008

As for your third question, the statute clearly requires the clerk to determine whether petition signatures are genuine. … Before an initiative or referendum may appear on the ballot, a sufficient number of qualified electors must sign a petition to that effect.

Opinion No.

Arkansas Attorney General Reports · Dec 7, 1995

Thus, until Act 947 becomes effective, persons may register up to December 20, 1995, and thereby qualify to vote in the January 9 election. … It is well-established that legislative enactments will ordinarily be deemed to apply prospectively only, unless the interest for retroactive application is clearly expressed or necessarily implied. Arkansas Rural Med.

Opinion No.

Arkansas Attorney General Reports · May 20, 1998

Clearly, an elected county official is a person covered by the provisions of the statute above. See A.C.A. § 14-14-1202 (b)(1)(A). … See A.C.A. § 14-284-208 (a) (stating that upon an affirmative vote of the electors the county court "shall enter an order establishing the district . . .").

Opinion No.

Arkansas Attorney General Reports · Nov 23, 1999

The Executive Director of ATRS serves as the Trustee of the Tuition Savings Trust that is established by Act 996. … Moreover, Act 996 specifically articulated the immunity of the Tuition Savings Program, the Committee, and the state, in connection with loss incurred by any person as a result of participating in the program.

Opinion No.

Arkansas Attorney General Reports · Dec 6, 1996

That is, a credit union may establish more than one of the categories as a basis for membership only if the individual members are required to qualify under all such categories; it may not allow the members to choose one … of several categories under which to qualify.

Opinion No.

Arkansas Attorney General Reports · May 12, 2006

RESPONSE In my opinion, the answer to this question is a qualified "yes." … However, because that right is qualified, I believe her choice of surname might be subject to a later challenge in a legal proceeding between the parties.

Opinion No.

Arkansas Attorney General Reports · Sep 30, 2008

To determine whether a disclosure rises to a clearly unwarranted invasion of personal privacy, the Arkansas Supreme Court has established a balancing test. Young , supra . … Because this document qualifies as an employee evaluation or job performance record, it may only be disclosed if the above three elements are met.

Opinion No.

Arkansas Attorney General Reports · Mar 21, 2008

Given that the subjects of the request are all city employees — namely, members of the Little Rock Police and Fire Departments — I believe documents containing the requested information clearly qualify as "public records" … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."