Case law

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. . . .

Opinion No.

Arkansas Attorney General Reports · Jan 12, 1995

This provision, by use of the term "must," is clearly mandatory. … temporary work-related assignment or duty post, or as a result of their performing duties in connection with their status as military personnel, students, or office holders, shall be deemed residents of that place where they established

Opinion No.

Arkansas Attorney General Reports · Sep 1, 2004

These principles clearly bear on the question of whether an authorization to grant financial aid implies an authorization to grant a credit against water and sewer rates. … In my opinion, this term would clearly encompass the payment of water and sewer rates. 2 Section 26-73-114 of the Code in turn qualifies the proscription against donating tax revenues to a school district by providing that

Opinion No.

Arkansas Attorney General Reports · Oct 24, 2001

This Code section clearly reflects the presumption that an FFA program is not part of a school's regular curriculum. … See also generally A.C.A. §§ 6-16-103 (stating that "[t]here shall be taught . . . such subjects as may be designated by the State Board of Education or required by law[;]") and 6-13-620 (establishing the duty of local school

Opinion No.

Arkansas Attorney General Reports · Oct 12, 2007

Given that the officers at issue are city employees, I believe the records you have requested 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 · Jul 5, 2007

Given that the officers at issue are city employees, I believe the records you have supplied for my review 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 10, 1993

Legislative intent to authorize capital construction outside the city for fighting fires would, I believe, have to be more clearly expressed. Your question also requires reference to A.C.A. §§ 14-284-401 —409 (Cum. … Unincorporated areas of a county may be designated for service by a municipal fire department under this legislation where there is no rural volunteer fire department or fire protection district which qualifies for funds.

Opinion No.

Arkansas Attorney General Reports · Jun 20, 2006

Act 773 clearly does not prohibit such annuities for members not participating in T-DROP. … Att'y Gen. 1996-187 ) ("Clearly, school districts are political subdivisions.")

Opinion No.

Arkansas Attorney General Reports · May 24, 2006

qualifies as a "legal instrument." … He or she can do no more than establish that the records comply with formal requirements.

Opinion No.

Arkansas Attorney General Reports · Jun 17, 2008

. § 19-11-206 (3)(A) (Supp. 2007). 2 Sebastian County clearly falls within this definition. … Att'y Gen. 1997-413 (declining to apply the Interlocal Cooperation Act to an agreement, entered pursuant to A.C.A. § 26-74-214 (b)(2) (Repl. 1997), establishing a sales tax distribution formula other than per capita) and

Opinion No.

Arkansas Attorney General Reports · Sep 7, 2007

Given that the subject of the request is a public employee, I believe the records at issue 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 · Oct 23, 2003

The Court also stated that "all FOIA requestors have an equal, and equally qualified, right to information. . . ." Id. at 499 . … Listed telephone numbers are presumptively public information, but factual circumstances could indicate that withholding this information is appropriate if a heightened privacy interest in the number can be established.

Opinion No.

Arkansas Attorney General Reports · May 13, 2004

The above quoted new provision clearly permits the buy-back, by eligible members, of qualifying years of domestic federal service, as that term is defined in the Act, rendered at a domestic military base. … Moreover, the Board's decision as to whether the condition has been satisfied will be upheld unless it is clearly wrong. Cave City Nursing Home, Inc. v.

Opinion No.

Arkansas Attorney General Reports · Aug 5, 2008

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 9, 1995

Act 916 does not, on its face, establish a minimum millage rate. School boards retain their authority under Ark. … As the surcharge imposed by Act 916 clearly is an income tax, not a property tax, it is my opinion that Ark.

Opinion No.

Arkansas Attorney General Reports · Jul 27, 2004

As noted above, I believe the project described in your agreement clearly falls within the range of those contemplated by the legislature in enacting the Interlocal Cooperation Act. … Regardless of whether it is or is not, the interlocal agreement you have submitted for my approval does not appear to envision any bond financing of the project, which in any case does not qualify as industrial development

Opinion No.

Arkansas Attorney General Reports · Aug 2, 2007

The residents argue that "had there been an intent to establish a city with boundaries other than those of the original village boundaries . . . there should have been a more deliberate attempt to actually notify the affected … [I]t clearly still exists, and consists of the county judge, wearing a judicial hat." Id., quoting Ops.

Opinion No.

Arkansas Attorney General Reports · Jun 18, 2001

for coverage in a health benefit program under this subsection upon payment of the appropriate premium as established by the board, provided the active retiree applies for coverage within thirty-one (31) days of the loss … Clearly, the legislature recognized in Act 1752 that at least some employees participating in an "alternate retirement plan" are state employees. Several other factors support this conclusion.

Opinion No.

Arkansas Attorney General Reports · Apr 10, 2001

Provided, a county library board created after August 1, 1997, shall consist of not less than five (5) members nor more than seven (7) members and shall serve until their successors are appointed and qualified. … Based on the information set forth in your request, I believe this statute clearly applies to the library at issue.

Opinion No.

Arkansas Attorney General Reports · Jun 30, 1987

It should be noted initially that the permitted premises will ordinarily consist of those areas designated by the private club applicant, as part of the established application procedure, and approved by the Board. … It may therefore be necessary, in order to qualify areas such as porches and verandahs as part of the "premises," to show that the general public cannot or will not gain entrance to those areas.