Case law

Opinion No.

Arkansas Attorney General Reports · Mar 15, 2005

Given that the subjects of the request are all city employees, I believe documents containing the requested information clearly qualify as "public records" under this definition. As my predecessor noted in Op. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion No.

Arkansas Attorney General Reports · Feb 3, 2003

Indeed, in my opinion, subsection (D) of the statute is even more clearly defective from a constitutional standpoint than is subsection (C). … Not only does neither category of revenue listed as credits in A.C.A. §§ 26-80-204(18)(C) (D) qualify as dedicated to these exclusive uses, the credit set forth in subsection (D) does not even qualify as a "millage" in the

Opinion No.

Arkansas Attorney General Reports · Apr 4, 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 · Jul 1, 1992

Your final question concerns what happens when two or more applicants are substantially equally qualified and one of them is a veteran. … Section 21-3-302 (B) of the Arkansas Code provides clearly in this situation that the veteran must be given preference.

Opinion No.

Arkansas Attorney General Reports · Dec 9, 1987

Reference to the General Assembly's definition of terms within the meaning of the public Employees Retirement System law is also consistent with the established rule of statutory construction providing that, where interpretation … and who qualify by meeting the requirements set forth in Act 717.

Opinion No.

Arkansas Attorney General Reports · Oct 28, 1999

Finally, the court found the pertinent statutes "void for vagueness," in light of the fact that the statutes were unclear, did not clearly outline the conduct required, and gave public officials unreviewable discretion in … The Arkansas Supreme Court in Citizens to Establish a Reform Party v.

Opinion No.

Arkansas Attorney General Reports · Mar 4, 1988

The Act contains similar benefit provisions for firemen and policemen, and states the following under both Sections 1 and 2: The additional benefits provided herein shall be effective for all qualifying applications first … It is well-established that legislative enactments will ordinarily be deemed to apply prospectively only, unless the intent for retroactive application is clearly expressed. Arkansas Rural Medical Practice v.

Opinion No.

Arkansas Attorney General Reports · Feb 22, 2008

under § 14-169-207 , a regional housing authority established under § 14-169-304 , or a consolidated housing authority established under § 14-169-401 [.] 1 All varieties of public housing authority have been legislatively … In my opinion, under Arkansas law, a housing authority cannot establish its own law enforcement agency by employing individuals qualified to serve as "law enforcement officers" in that they have completed the training program

Opinion No.

Arkansas Attorney General Reports · Sep 12, 2011

before the word it modifies, 8 indicating that "substantial" in this case clearly modifies "input." … State , 337 Ark. 503 , 989 S.W.2d 533 (1999). 16 If it is established that an appointee in fact is not qualified, there are three possible causes of action that may be brought to remove an individual who is ineligible to

Opinion No.

Arkansas Attorney General Reports · Jan 11, 2002

In short, the term "regularly served" should be more clearly defined. 3. … Subsection 1(h) is confusing in designating January 1, 2002 as the reference date for determining what qualifies as a "Dry County."

Opinion No.

Arkansas Attorney General Reports · Feb 17, 2004

The scope of practice defined here, and the areas specifically set forth, are part of an effort to establish the broad range of services offered within the profession. … The Arkansas Board of Examiners in Speech-Language Pathology Audiology has clearly adopted a policy against interfering with other hearing-related practices and professions.

Opinion No.

Arkansas Attorney General Reports · Dec 11, 1989

Under Section 1 of Act 432 of 1977 (A.C.A. 16-13-2803 ), the qualified electors of the Twentieth District shall elect one circuit judge and one chancellor, and under Section 1(a)(1)(Q) of Act 949 of 1987, an additional circuit-chancery … Walker. 1 Act 294 of 1989, Section 2 (a), establishes this separate division of the chancery court in each judicial district.

Opinion No.

Arkansas Attorney General Reports · Mar 24, 2009

Given that you are a public employee, I believe documents containing the requested information clearly qualify as "public records" under this definition, as would any other records maintained by your employer relating to … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion No.

Arkansas Attorney General Reports · Jun 17, 2008

Att'y Gen. 2005-300 (opining that the *Page 4 purposes set forth in A.C.A. § 6-21-108 "clearly qualify as effecting a `public advantage' to education consistent with the provisions of Article 14, § 1.") … Accordingly, I believe it will be necessary to establish as a factual matter that the deeding of the school building to Desha County sufficiently advances the McGehee School District's direct interests to constitute adequate

Opinion No.

Arkansas Attorney General Reports · Aug 31, 2000

The ADFA board members are nonsalaried appointees of a state commission, A.C.A. § 15-5-202 , and the president is a board employee, A.C.A. § 15-5-203 (b), which clearly locates them within the just recited definitions. … LR-C-99-307, held that ADFA is not an "alter ego" of the state that might avoid suit by invoking Eleventh Amendment sovereign immunity.

Opinion No.

Arkansas Attorney General Reports · Jul 30, 2001

These provisions are qualified by several constitutional amendments. … The legislature thus clearly has the constitutional authority to impose temporal restrictions on the repayment of revenue bonds.

Opinion No.

Arkansas Attorney General Reports · Mar 20, 2009

Given that you are a public employee, I believe documents containing the requested information clearly qualify as "public records" under this definition, as would any other records maintained by your employer relating to … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."

Opinion No.

Arkansas Attorney General Reports · Sep 25, 2008

Const. amend. 79 , sec. (1)(d)(1)(B), which establish an assessment cap for persons who are disabled or have reached the age of 65, mean that the county assessor is to cap the person's assessment at the value during the year … This provision of Amendment 79 clearly mandates that a person who becomes disabled or reaches the age of 65 will be assessed "based on the lower of the assessed value on the person's sixty-fifth birthday, on the date the

Opinion No.

Arkansas Attorney General Reports · Apr 15, 1998

the second class and incorporated towns within the State of Arkansas may elect a municipal attorney at the time of the election of other officers of these cities of the second class and incorporated towns, if it is not established … It clearly applies to persons holding elective offices (i.e., those "elected"), and also to persons "appointed to fill a vacancy."

Opinion No.

Arkansas Attorney General Reports · Apr 5, 2006

I believe these charges clearly warrant the ACD's imposition of a bidding requirement on appraisal contracts. … The proposal must clearly state the fact(s) necessitating the deviation. . . .